Sublime Wigmaker, Custom and bespoke wig maker Lesley Moses, Edinburgh Scotland UK

Sublime Wigmaker

Terms & Conditions

Background:

These Terms and Conditions are the standard terms for the sale of goods by Sublime
Wigmaker Ltd, trading as a Limited Company registered in Scotland under number
SC786268, whose registered address is Leith Street, Edinburgh, EH1 3AT and
whose main trading address is Constitution Street, Edinburgh, EH6 6AW.

1. Definitions and Interpretation

  1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “Business Day” means, any day other than a Saturday, Sunday or bank holiday;
    “Calendar Day” means any day of the year;
    “Commercial Unit” means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
    “Contract” means the contract for the purchase and sale of Goods, as explained in Clause 3;
    “Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);
    “Month” means a calendar month;
    “Price” means the price payable for the Goods;
    “Special Price” means a special offer price payable for Goods which We may offer from time to time;
    “Order” means your order for the Goods as attached
    “Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
    “We/Us/Our” means Sublime Wigmaker Ltd, trading as a Limited Company registered in Scotland under number SC786268, whose registered address is Leith Street, Edinburgh, EH1 3AT and whose main trading address is Constitution Street, Edinburgh, EH6 6AW.
  2. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, or other means.

2. Information About Us

  1. Sublime Wigmaker Ltd, trading as a Limited Company, registered in Scotland under number SC786268, whose registered address is Leith Street, Edinburgh, EH1 3AT and whose main trading address is Constitution Street, Edinburgh, EH6 6AW3.

3. The Contract

  1. These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
  2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
  3. A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
  4. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
    1. The main characteristics of the Goods;
    2. Our identity (set out above in Clause 2) and contact details (set out below in Clause 12)
    3. The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
    4. Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
    5. Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
    6. Our complaints handling policy;
    7. We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;

    4. Description and Specification of Goods

    1. We have made every reasonable effort to ensure that the Goods conform to our initial consultation.5.
    2. If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
    3. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
    4. Bespoke Goods are available from Us. If you Order bespoke Goods from Us, We will produce and alter those Goods to your specifications and requirements. Further information on the information We will require with your Order for bespoke Goods will be discussed during first wig consultation and can be found on our website.
    5. When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).

    5. Orders

    1. All Orders for Goods made by you will be subject to these Terms and Conditions.
    2. You may change your Order at any time before We despatch the Goods by contacting Us. This does not apply to bespoke Goods. We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request without additional work. Requests to change Orders do need to be made in writing.
    3. If your Order is changed We will inform you of any change to the Price in writing.
    4. We will only accept an Order cancellation for bespoke Goods if We have not yet begun making or altering the Goods. If you request that your Order be cancelled, you must confirm this cancellation in writing.
    5. We may cancel your Order at any time before We despatch the bespoke Goods in the following circumstances:
      1. An event outside of Our control continues for more than 90 Days after the expected delivery Date.
    6. If We cancel your Order and you have already paid for the Goods the payment will be refunded to you within 7 days. If We cancel your Order, the cancellation will be confirmed by Us in writing.

    6. Price and Payment

    1. The Price of the Goods will be that shown in Our written correspondence in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
    2. If We quote a Special Price which is different to the Price shown in Our currentprice list, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
    3. Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
    4. We have made every reasonable effort to ensure that Our Prices, are correct as quoted during consultation.
    5. All Prices are not subject to VAT.
    6. Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.
    7. All payments for bespoke Goods are in two parts 60% deposit and 40% on final fitting day when bespoke Goods are delivered.
    8. We accept the following methods of payment:
      1.BACS;
      2.credit, debit card;
      3.Visa

    7. Delivery

    1. Please note that delivery is currently only possible within the United Kingdom.
    2. When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may change due to circumstances beyond Our control. Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 120 Calendar Days after the date on which the Contract is formed.
    3. Delivery will be deemed to have taken place when the Goods have been collected on the final fitting appointment.
    4. You own the Goods once We have received payment in full for them and the Contract as being at an end

    8. Faulty, Damaged or Incorrect Goods

    1. By law, We must provide goods that are of satisfactory quality, fit for purpose and as agreed during consultation at the time of agreement, in accordance with any pre-contract information We have provided, and that match any written agreements. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for repair. Please note that if the Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our agreement during initial consultation, then there could be a cost that you can incur.
    2. Please refer to Clause 9 for details of what to do if you change your mind for Bespoke Goods.
    3. For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

    9. Returning Goods If You Change Your Mind

    1. Goods which We have produced or altered to order for you cannot be returned if you change your mind.
    2. Please note that this applies to all consumers and not just resident in the United Kingdom. This is in addition to your legal rights, not instead of them.

    10. Our Liability

    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    2. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    3. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office

    11. Events Outside of Our Control (Force Majeure)

    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1.We will inform you as soon as is reasonably possible;
      2.Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      3.We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      4.If the event outside of Our control continues for more than 90 Days; We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible

      12. Communication and Contact Details

      1. If you wish to contact Us, you may do so by email at sublimewigmaker@gmail.com.
      2. In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
        1.Contact Us by email at sublimewigmaker@gmail.com; or
        2.Contact Us by pre-paid post at Sublime Wigmaker Ltd, 100B Constitution Street, Edinburgh, EH6 6AW.

      13. Complaints and Feedback

      1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
      2. All complaints are handled in accordance with Our complaints handling policy and procedure.
      3. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
        1.[In writing, addressed to Lesley Moses, Company Director, 100B Constitution Street, Edinburgh, EH6 6AW
        2.By email, addressed to Lesley Moses at sublimewigmaker@gmail.com

      14. How We Use Your Personal Information (Data Protection)

      We will only use your personal information for our own marketing purposes and NO third parties involved.

      15. Other Important Terms

      1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
      2. You may not transfer your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
      3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
      4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
      5. No failure or delay by Us in exercising any of Our rights under these Termsand Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

      16. Governing Law and Jurisdiction

      1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.
      2. As a consumer, you will benefit from any mandatory provisions of the law of Scotland. Nothing reduces your rights as a consumer to rely on those provisions.
      3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Scotland.