Terms & Conditions
These terms and conditions apply to all customers purchasing products from The Eyelash Design Company (the Company/we/our/us), whether through the online shop at www.lashperfect.com.ng or otherwise.
1. INFORMATION ABOUT US
The Company is the holding company for the Lash Perfect brand and operates the Website. The Company’s main trading address is 93,Ogudu road, Ojota, opposite Peachcare Medical Center, Lagos.
2. SERVICE AVAILABILITY
The Website is only intended for use by people resident in Nigeria. If you are resident outside Nigeria but in West Africa and you would like do business with us, please contact us on: +234-803-893-6387 OR email us at firstname.lastname@example.org. Thank you.
3. ORDERING PRODUCTS
3.1 You can only purchase Products from us if you are a Lash Perfect trained technician. We reserve the right not to process your order at any time if for any reason we are not satisfied that you are a trained Lash Perfect technician. If you want more information on becoming a trained Lash Perfect technician you can contact us at email@example.com.
3.2 Notwithstanding condition 3.1 above, if you are trained as an eyelash extension technician by a training provider recognised by us you will only be entitled to purchase Products from us on the provision of a properly issued certificate emailed to firstname.lastname@example.org and subject at all times to our approval to be given at our absolute discretion. We reserve the right not to process your order at any time if for any reason we are not satisfied that you are trained as an eyelash extension technician by a training provider recognised by us.
4. YOUR STATUS
By placing an order for Products, you warrant that:
(a) You are a Lash Perfect trained eyelash extension technician or an eyelash extension technician trained by another provider approved by us in accordance with condition 3.2 above;
(b) You are legally capable of entering into binding contracts;
(c) You are at least 18 years old; and
(d) You are resident in Nigeria
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing an order on the Website, you will receive an e-mail from us acknowledging that we have received your order. Your order constitutes an offer to us to buy a Product(s) and our email acknowledgment does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation and will be governed by these terms and conditions. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.2 An order placed by other means than through the Website will constitute an offer to us to buy a Product(s). All orders are subject to acceptance by us and such acceptance will be given on communication to you of the amount due for the order placed. The contract between us will only be formed when we have successfully processed your payment and will be governed by these terms and conditions. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate order.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel your order at any time within seven working days (see condition 10 below), 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 condition 9 below).
6.2 To cancel your order under the terms of this condition 6, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 This provision does not affect your statutory rights.
7. AVAILABILITY AND DELIVERY
Your order 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 have received 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 the Website and/or price list from time to time, except in cases of obvious error.
9.2 The prices as quoted on the Website when logged in as a trained Lash Perfect technician and on our price list exclude VAT and delivery costs. Prices quoted on the Website for customers who are not trained Lash Perfect technicians for retail products include VAT but exclude delivery costs.
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.
9.4 It is possible that, despite our best efforts, some of the Products listed on the Website and/or price list 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 the Website and/or price list, 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 via a pay pal account. Credit card payments will be subject to a 3% handling fee. The Products will not be despatched until we have received your payment in full.
10. OUR RETURNS POLICY
10.1 When you return a Product to us:
10.1.1 because you have cancelled the order made within the seven-day cooling-off period (see condition 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product 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
10.1.2 for any other reason other than provided for in condition 10.1.1 you must comply with our Returns Policy set out at www.lashperfect.com.ng/returns-policy.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. OUR LIABILITY
11.1 We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us being in breach of our obligations under these terms and conditions is strictly limited to the purchase price of the Product you purchased.
11.3 Nothing in these terms and conditions shall limit or exclude our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We exclude any liability for any loss or damage which you may suffer as a direct result of a misrepresentation given by you, fraudulently or otherwise, in breach of your obligations at conditions 3.1 or 3.2.
11.5 We are not responsible for any indirect or consequential loss or damage which you may suffer arising under or connection with these terms and conditions.
12. IMPORT DUTY
12.1 If we accept an order of the Products for delivery outside the UK, the Products 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 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 the Website, 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 the 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.
All notices given by you to us must be given to us at 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 condition 13 above. Notice will be deemed received and properly served immediately when posted on the 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 rights or obligations formed under these terms and conditions is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these terms and conditions without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions at any time.
16. EVENTS OUTSIDE OUR CONTROL
16.1 Our obligations under these terms and conditions shall be suspended for any period during which we reasonably believe we are prevented or hindered from complying with our obligations by any cause beyond our reasonable control including, but not restricted to, strikes, war, civil disorder and natural disasters
16.2 If such period of suspension exceeds 60 days then either party may, upon giving written notice to the other, require that the obligations formed under these terms and conditions be terminated immediately and all money due to us at the date of termination must be paid immediately.
17.1 If we fail, at any time under these terms and conditions, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 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 condition 13 above.
If any of these terms and conditions 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
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. 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 Dispatch 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).
21. LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with these terms and conditions (including non-contractual disputes or claims) will be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If you book onto a Lash Perfect training course by way of purchasing a Lash Perfect kit or otherwise you shall be bound by these terms and conditions and specifically by the terms of this condition 22.
22.1 You must attend the training without any eyelash extensions.
22.2 If you cannot have lashes applied for any reason during training you will be responsible for bringing a model with you to the training day provided that you inform the office prior to the training giving details as to why you cannot have lashes applied.
22.3 The trainer will allocate you 6-10 case studies at the end of the training day and you will need to complete these case studies and return them to the head office before you will be issued with a certificate
22.4 If on the training day you are running late for any reason please inform the head office and the training venue you are attending of this. You should do this no later than 9.30am on the day of training.
23. SALON FINDER
A salon and/or therapist is added to our list of Lash Perfect salons on completion of the Lash Perfect training and only once the allocated studies have been satisfactorily completed. We cannot, however, guarantee the quality of each salon and/or therapist listed on our Salon Finder. We exclude all liability related to the services provided by any salon and/or therapist listed on our Salon Finder.