1.1 In these terms and conditions "we" and "us" mean Girlz Nailz, a business within EDM Group and a trading division of Edge Dream Media Ltd, and "you" means you the customer. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
2.2 You may place an Order by:
2.2.1 filling in the Order Form on the Girlz Nailz Web Site after logging into or creating your personal account and clicking on the appropriate submission button; or
2.2.2 telephoning us on 0845 468 1232 between 09:00 and 17:30 Mondays to Fridays; or
2.2.3 [deleted] 2.2.4 filling in the Order Form and sending a hard copy to us by post to Girlz Nailz c/o EDM Group, Medstone, Thirsk Road, Easignwold, North Yorkshire, YO61 3HL, UK. You must use the Order Form from the Girlz Nailz Web Site. We will not accept Orders placed in any way other than those listed above.
2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via the Girlz Nailz Web Site, unless you have placed your Order by telephone, in which case we will issue your Web Order Number when you telephone us. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. Otherwise we will send the Order Confirmation by post. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or post.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant materials or components or (iii) if there was a pricing error on the Girlz Nailz Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. In the event of a typographical error or technological error causing a mistake in price to be shown, Edge Dream Media Ltd reserves the right to correct the error and to charge you the correct price. Before it does so, we will notify you of the mistake and will offer you the opportunity of a full refund. You will receive a notification with or prior to your delivery. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 VAT is payable by you at the applicable rate as indicated on your Invoice. No intra-community purchases can be made on The Girlz Nailz Web Site.
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment paragraph of the Girlz Nailz Web Site from time to time.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the manufacture of your Products neither will we supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 If you are paying by cheque, wire transfer or post giro a request for payment will be sent to you and your Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
5.5 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
5.6 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made.
6.1 We will deliver your Products to the delivery address as shown on your Order Confirmation, providing the delivery address is in the EU, Switzerland, mainland Europe, the United States of America or Canada.
6.3 We will use our reasonable endeavours to manufacture your Products within 14 working days of the date of issue of your Order Confirmation. Estimated Product manufacture times which may be given at the time of placing an Order are estimates only and do not equate to delivery times. Actual Product manufacture times may take longer than 30 days from the confirmation of your Order, and if your Order is complicated or is high volume, you agree that we may take more than 30 days to complete your Order. If you have ordered several Products at one time, we may deliver such Products on different days.
6.4 Title to and risk of loss in your Products will pass to you on despatch of the Products from our company premises, providing full settlement has been made for the Products. Girlz Nailz accepts no responsibility for loss of Products while in transit with the postal system(s) or courier companies.
6.5 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
6.6 The Customer may choose to have Products sent by post and accepts full responsibiilty for any loss incurred by the postal services. Items sent by post cannot be tracked once they have entered the postal system. For maximum security and tracking the Customer is advised to use the courier service offered.
7.1 Right to return faulty products. If you have received products that are faulty or not in conformity with the product description as described on our website you may return the Product to us and obtain a refund of the price of the returned Product if you contact us within 7 Calendar Days of delivery of the Product.
7.2 Exceptions to the right to withdraw from the contract. (i) Products. You may not return a Product and claim a refund if the Product concerned is: a) used or damaged (fully or partly). (ii) Services. You may not claim a refund for Services if the Services have been delivered.
7.3 Conditions to exercise the right to withdraw from the contract. You can exercise your right to return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement provided: (i) You inform us of your decision to cancel the contract within 7 Calendar Days of delivery of the Product or the date you purchased the Services; and (ii) The Product(s) are returned in their original condition, quantity and are intact; and (iii) The Product(s) are returned in accordance with the procedure described in paragraph 7.4 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
7.4 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please telephone us on 0845 468 1232 between 09:00 and 17:30 Monday to Friday to make arrangements for return.
8.1 Orders may be cancelled up to 7 days after the order date.
8.2 Every order takes time for us to review. Artwork is reviewed and setup and emails are sent to customers. To cover these charges all cancellations will be subject to a minimum cancellation charge of Â£45 or the value of the order, if lower (excluding VAT). Additional charges apply if the company has incurred manufacturing costs relating to the order.
8.3 A refund will be made within 14 days of the full value of the order less the cancellation charge and additional charges.
11.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and the performance of any Services.
11.2 Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
11.3 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11.4 In cases where consumers claim financial compensation under statute, Edge Dream Media Ltd will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 11.5 and 11.6 shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
11.5 Subject to clause 11.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 Subject to clause 11.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
11.7 If you are a consumer, you may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizens advice organisations. No provisions of clause 11 affect your statutory rights as a consumer. In addition, this clause does not affect your right to return the Products as per clause 7.
You can contact us:
by telephone on 0845 468 1232 or +44 (0) 1347 824 450 between 09:00 and 17:30 Mondays to Fridays;
by post at Girlz Nailz, c/o EDM Group, Medstone, Thirsk Road, Easingwold, North Yorkshire, YO61 3HL, UK
When contacting us you must quote your Web Order Number.
Upon entering into a contract, you agree to comply with all Export Laws.
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or fax Order or telephone Order for the purposes of processing your Order.
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
These terms and conditions and the Contract is governed under the laws of England and Wales.
17.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
17.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
18.1 In these terms and conditions:
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Export Laws" means all laws, regulations and orders of the United States, the European Union and the Republic of Ireland applicable to the export, re-export, transfer or resale of Products;
"Invoice" means the invoice issued by us to you for the price of the Products;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the Girlz Nailz Web Site;
"Product" means any product listed on the Girlz Nailz Web Site which we agree to supply to you on these terms and conditions and may include Services;
"Services" means any chargeable or other services listed on the Girlz Nailz Web Site which we agree to supply to you on these terms and conditions;
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.
18.2 Edge Dream Media Ltd is a company incorporated in the United Kingdom with its registered office at Medstone, Thirsk Road, Easingwold, North Yorkshire, YO61 3HL and with registered number 6618823.
18.3 Girlz Nailz and EDM Group are trading divisions of Edge Dream Media Ltd.