This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.4myhead.com (our site) to you. Please read these terms and conditions carefully before ordering from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You can return to the 4myhead.com home page at any time by clicking on our logo at the top of the page www.4myhead.com.
We do not file details of your order for you to subsequently access directly on this website and therefore you should print a copy of these terms and conditions and any relevant order acknowledgement for your future reference. If you require details of previous orders please contact us via info@4myhead.com.
Please tick the button marked "I Accept" at the end of the Terms of Supply to confirm that you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1 Information about us
www.4myhead.com is a site operated by 4MyHead.com Limited (we). We are registered in England and Wales under company number 6372844 and with our registered office at 346a Farnham Road, Slough, Berkshire SL2 1BT. Our main trading address is 4myhead.com, PO Box 3792, SLOUGH, SL1 0HQ.
2 Your status
By placing an order through our site, you warrant that:
2.1.1 You are legally capable of entering into binding contracts; and
2.1.2 You are at least 18 years old.
3 How the contract is formed between you and us
3.1 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. All orders are subject to acceptance by us and we will confirm either our acceptance or rejection of your order by sending you an e-mail. The contract between us (Contract) will only be formed if and when we send you an email confirming acceptance of your order (Order Acceptance).
3.2 The Contract will relate only to those Products the order for which is confirmed in an Order Acceptance. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Acceptance.
4 Product Specifications
4.1 Actual Product colours may be slightly different to how they appear on your computer monitor.
4.2 All dimensions referred to on our site are approximate.
5 Our status
We may 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.
6 Consumer rights
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below).
6.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately and at your own cost and risk, in the same, fully saleable condition in which you received it, in its original packaging, unwashed and with all labels intact.
6.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Acceptance. This provision does not affect your statutory rights.
7 Availability and delivery
Our delivery charges and estimated delivery timescales are specified in our Delivery information section. We make every effort to deliver goods within the estimated timescales, however delays may occasionally occur due to unforeseen circumstances and we shall not be liable for any delay or failure to deliver within such timescales.
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 will be as quoted on our site from time to time, except in cases of obvious error.
9.2 We are not VAT registered or required to charge VAT. If this changes we will notify you on our site.
9.3 These prices exclude delivery costs, which will be added to the total amount due as set out in our Delivery information.
9.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
9.5 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 order acceptance and dispatch procedures so that, where a Product's correct price is less than the price stated on our site, we will charge the lower amount and refund any excess amount paid by 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 accepting or dispatching your order, or reject your order and notify you of such rejection.
9.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.7 Payment for all Products must be via PayPal. We take payment from your card at the time we receive your order. Products are subject to availability. In the event that we are unable to supply any Product we will inform you as soon as possible. A full refund will be given where you have already paid for the Product.
10 Our refunds policy
10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or 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 refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
10.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.3 Products returned by you within the seven-day cooling-off period (see paragraph 6.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
11 Our liability
If we are in breach of these terms and conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only and our liability shall not in any event include business losses.
This paragraph 11 shall not limit or affect our liability resulting from any products sold being found to be unsafe or if something we do negligently causes death or personal injury.
Our liability to you in connection with any order will not exceed the total price charged.
12 Import duty
12.1 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.
12.2 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.
13 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. This condition does not affect your statutory rights.
14 Notices
All notices given by you to us must be given by email to 4myhead.com at info@4myhead.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 paragraph 13. 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.
15 Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 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.
16 Events outside our control
16.1 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).
16.2 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:
16.2.1 strikes, lock-outs or other industrial action.
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 impossibility of the use of public or private telecommunications networks.
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
16.3 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.
17 Waiver
If you breach these terms and conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms and conditions.
18 Severability
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.
19 Entire agreement
19.1 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.
19.2 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.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
20 Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products 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 Order Acceptance (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).
21 Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
