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  CHIPPING NORTON     CHELTENHAM  


LEGAL

Simon Smith UK

Simon Smith UK is a trading name of Burnt Orange (UK) Limited who is registered in England and Wales (registered number 8791249) whose registered office is situated at Hillside, Albion Street, Chipping Norton, Oxfordshire, OX7 5BH. ("Simon Smith UK”, “SSUK”, "we", "us" and "our").

www.SimonSmithUK.com is the (“Website”) which is owned and managed by Burnt Orange (UK) Limited.

“Item” is a product or good sold on www.SimonSmithUK.com

By using www.SimonSmithUK.com you agree to the Terms & Conditions, the Privacy Policy and the Cookie Policy

TERMS OF USE

These Terms & Conditions apply to your use of www.SimonSmithUK.com and should be read alongside, and are in addition to, our Privacy Policy and Cookie Policy which tells you how we use your personal information.

If you do not agree to these Terms & Conditions or our Privacy Policy or our Cookie Policy then you must stop using www.SimonSmithUK.com

We may update or amend these Terms & Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on www.SimonSmithUK.com. By continuing to use www.SimonSmithUK.com you agree to be bound by the Terms & Conditions of these updates and amendments.

Accessing

As part of using www.SimonSmithUK.com you may set-up a Simon Smith UK account using an e-mail address and password ("Account Details"). You are responsible for maintaining the confidentiality of your Account Details and are responsible for all activities that are carried out under them.

We do not have the means to check the identities of people using www.SimonSmithUK.com and will not be responsible for losses suffered by you where your Account Details are used by someone else unless this is due to our negligence.

You agree to notify us via email immediately, SSUKWeb@SimonSmithUK.com if you become aware of or suspect any unauthorised use of your Account Details.

You confirm that:

  1. any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and
  2. you will at all times comply with these Terms & Conditions

You agree that in using www.SimonSmithUK.com you will not:

  1. use www.SimonSmithUK.com for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of www.SimonSmithUK.com;
  2. use www.SimonSmithUK.com in any way that interrupts, damages, impairs or renders www.SimonSmithUK.com less efficient;
  3. impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;
  4. transfer files that contain viruses, Trojans or other harmful programs;
  5. authorise, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of www.SimonSmithUK.com;
  6. penetrate or attempt to penetrate www.SimonSmithUK.com security measures; or
  7. email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.
  8. you are responsible for making all arrangements necessary for you to have access to www.SimonSmithUK.com You are also responsible for ensuring that all persons who access www.SimonSmithUK.com through your internet connection are aware of these Terms & Conditions and that they comply with them.

We reserve the right to suspend, restrict or terminate your access to www.SimonSmithUK.com at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these Terms & Conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person. 

Intellectual Property

Your use of www.SimonSmithUK.com and its contents grants no rights to you in relation to our intellectual property rights ("IPR") or the IPR of any third parties. We own or are licensed to use all IPR existing in, or in relation to, www.SimonSmithUK.com and its contents. All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trademarks are owned by such third parties or their licensors.

You are permitted to download and print content from www.SimonSmithUK.com solely for your personal use. www.SimonSmithUK.com content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of www.SimonSmithUK.com for commercial exploitation in any circumstances.

Availability and Content

We provide www.SimonSmithUK.com on an 'as-is' basis and do not guarantee that www.SimonSmithUK.com will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate www.SimonSmithUK.com without notice at any time if we feel this is necessary (for example to perform upgrades or maintenance).

We provide the content on www.SimonSmithUK.com in good faith but make no statement that any content is accurate complete or up-to-date, nor that www.SimonSmithUK.com does not infringe the rights of any third party.

We accept no responsibility or liability for your reliance on www.SimonSmithUK.com and any reliance is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in www.SimonSmithUK.com, we accept no liability for them.

Links

We may provide links to other websites as part of www.SimonSmithUK.com. You acknowledge that:

  1. we do not control such third party websites and are not responsible for their contents;
  2. we will not be party to any transaction or contract with a third party that you may enter into via such websites;
  3. we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and
  4. you agree that you will not involve us in any dispute between you and the third party.

You may not link to www.SimonSmithUK.com or display the contents of www.SimonSmithUK.com surrounded, framed or otherwise surrounded by material not origination from Simon Smith UK without our prior written permission.

Uploading Material

Each time you make use of a feature that allows you to upload material to www.SimonSmithUK.com, or to make contact with other users of www.SimonSmithUK.com, you must comply in all respects with the content standards set out in the Terms & Conditions.

We will have the right to use, copy, distribute and disclose to third parties for any purpose any material which you upload to www.SimonSmithUK.com

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of www.SimonSmithUK.com

We have the right, without notice, to remove any material or posting which you make on www.SimonSmithUK.com if, in our opinion, such material does not comply with the content standards set out in these Terms & Conditions.

Content Standards

These content standards apply to any and all material which you contribute to www.SimonSmithUK.com ("Contributions"), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  1. be accurate (where they state facts);
  2. be genuinely held (where they state opinions); and
  3. comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  1. contain any material which is defamatory of any person;
  2. contain any material which is obscene, offensive, hateful or inflammatory;
  3. promote sexually explicit material;
  4. promote violence;
  5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  6. infringe any copyright, database right or trademark of any other person;
  7. be likely to deceive any person;
  8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  9. promote any illegal activity;
  10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  11. be likely to harass, upset, embarrass, alarm or annoy any other person;
  12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  13. give the impression that they emanate from us, if this is not the case; or
  14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Liability

Burnt Orange (UK) Limited, its subsidiaries, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or items found or offered on www.SimonSmithUK.com for any particular purpose. You acknowledge that such information and items may contain inaccuracies or errors to the fullest extent permitted by law.

Information provided about the items is intended to be used for informational purposes only. The statements and items are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on www.SimonSmithUK.com before ordering or using such items.

Your use of any information or items on www.SimonSmithUK.com is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any items, services or information available through www.SimonSmithUK.com meet your specific requirement.

You have certain rights under the law. These include that any items supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms & Conditions are intended to affect these statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.

If we breach these Terms & Conditions we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms & Conditions.

With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of www.SimonSmithUK.com

We are not responsible for:

  1. losses not caused by our breach;
  2. indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms of Use; and/or
  3. failure to meet any of our obligations under these Terms of Use where such failure is due to events beyond our reasonable control.

Transactions concluded through www.SimonSmithUK.com

If you are a consumer, you may make purchases of items and services on www.SimonSmithUK.com for personal, domestic and non-commercial purposes. Contracts for the supply of items or services made using www.SimonSmithUK.com are on our Terms of Sale below.

General

We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms & Conditions to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of the service you receive under these Terms & Conditions.

In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms & Conditions to another legal entity, your only rights under or in connection with these Terms & Conditions will be against the new legal entity and not against us.

These Terms & Conditions are personal to you. You may not transfer your rights or obligations under these Terms & Conditions to anyone else.

If you breach these Terms & Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions. If any part of these Terms & Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

These Terms & Conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms & Conditions.

We will do our best to resolve any disputes over these Terms & Conditions. If you wish to take court proceedings against us you must do so within the United Kingdom. The laws of England and Wales will apply.

TERMS OF SALE

These Terms & Conditions describe the basis for the purchase by you and sale by us of the items described on www.SimonSmithUK.com

Placing an Order

By placing an order on www.SimonSmithUK.com, you confirm that you have read these Terms & Conditions the Privacy Policy and the Cookie Policy, and that you agree to them. You should keep a copy of these Terms and Conditions for future reference. We will not always file a copy of orders made by you.

Each order that you place is an offer to buy those items and we shall accept that offer at our sole discretion, but orders are normally accepted if:

  1. the items are available;
  2. the order reflects our current pricing;
  3. the items are for delivery to a destination that we deliver to or are for collection in one of our salons; and
  4. your credit or account card is authorised for the transaction.

We will confirm receipt of your order through our automatic screen confirmation of the order and we may also follow this up with an Order Confirmation email. Please note that at this stage your order for items may not have been accepted by us.

Formation of the Contract

We will confirm our acceptance of your order for items by sending you an email confirming that the items have been dispatched or will be shortly ready for collection in the salon ("Dispatch Confirmation email").

The contract between us will only be formed when we send you the Dispatch Confirmation email (the "Contract"). These Terms & Conditions, the Dispatch Confirmation email and any other information relating to the items which we have brought to your attention are incorporated into the Contract.

The Contact will only relate to those items which have been confirmed in the Dispatch Confirmation email and we will not be obliged to supply any other items which you have ordered until we have sent you a separate Dispatch Confirmation email in respect of such items.

Prices

The price of the items in the www.SimonSmithUK.com “Store” and our delivery charges (where applicable) will be as set out on the Delivery Information page of www.SimonSmithUK.com from time to time, except in the case of obvious error.

All prices on www.SimonSmithUK.com include UK VAT. Any applicable sales taxes and duties for non UK orders will be handled via contact with the salon. www.SimonSmithUK.com does not automatically calculate non UK destination delivery prices of where your order is being delivered and therefore are not included in the total item price displayed.

If your order is for delivery to a destination outside of the UK, your order may be subject to import duties and taxes. It is your responsibility to pay any such duties and taxes. Any such duties and taxes may vary in different territories. We are unable to advise you in relation to any import duties and taxes and we recommend you contact the local customs office at the delivery destination in this respect.

We reserve the right to amend our prices and delivery charges at any time, but such changes will not affect any order for which we have already sent you a Dispatch Confirmation email.

www.SimonSmithUK.com sells a number of items, so it is possible that despite our best efforts, that some items may be incorrectly priced. We will usually verify the price of any items as part of our dispatch process and if the price of the items:

  1. is lower than the price stated on www.SimonSmithUK.com, we will charge this lower amount to you when dispatching the items to you; or
  2. is higher than the price stated on www.SimonSmithUK.com, we will at our discretion either contact you for instructions prior to dispatching the items or reject your order and notify you of such rejection by email.

We are under no obligation to provide items to you at an incorrect lower price, even once we have sent a Dispatch Confirmation email to you, if the pricing error is obvious and unmistakeable and could have been recognised by you as an error.

Payment

We accept payment by credit card and debit card, as set out on www.SimonSmithUK.com. Payment for the items and related costs will be due at the time we accept your order and we will usually attempt to take payment once we have received the order.

You confirm to us that you are authorised to use the payment method that you provide to us when placing your order. We may carry out security checking to confirm that this is the case.

If your payment method is not authorised, we may refuse to accept your order and we will not have any responsibility for the non-delivery of the items.

We are also not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.

Delivery and Collection

All delivery and collection dates on www.SimonSmithUK.com are given only for general guidance. In most cases we are able to deliver the items to you or for collection from our salon within our estimated delivery times and, where we anticipate that this may be delayed, we will contact you to inform you of this delay.

We will fulfil your order by the date and time set out in the Dispatch Confirmation email or, if no date or time is specified, within a reasonable period from the date of the Dispatch Confirmation email, unless there are exceptional circumstances.

Where the items are to be delivered, we shall attempt to deliver the items to the address you specify for delivery, or if none, to the billing address of the credit or debit card you supply. It is important that these addresses supplied by you to us are accurate.

Where the items are to be collected, we shall make the items available for collection at our salon for a period of 14 days from the Dispatch Confirmation email. In order to collect the items in the salon you will need to show your Dispatch Confirmation email and a form of personal identification.

We are unable to deliver items to PO boxes or hotels. In most cases a signature will be required from you or the recipient on delivery. Items supplied are not for resale.

If we are unable to deliver the items to you or if the items are not collected, then we will be entitled to cancel the Contract and, if payment has already been taken, refund the cost of the items to you.

It is important that you check your items upon receipt and always before use. If any errors occur or issues arise then these need to be reported to us within 14 days on SSUKWeb@SimonSmithUK.com quoting your Order Reference and a brief description of the issue so we can investigate, failure to do so within the 14 days of receiving the items may result in us being unable to provide a refund

Items Supplied are not for Resale

We will be responsible for the items until they have been delivered or have been collected by you. The items will be at your own risk from this time, but you will not own the items until we have received full payment of all sums due in respect of the items, including any delivery charges, and the items have been delivered to you or have been collected by you.

Statutory Rights

Our Cancellation and Return Procedures do not affect your statutory rights. For more information about your other statutory rights, please visit the UK Government's website at: www.direct.gov.uk or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.

Cancellations

If you change your mind or for any other reason you decide you do not want to receive or keep the items, you have a legal right to cancel the Contract within 14 days of receiving or collecting the items from us. This cancellation right does not apply to any items which are custom-made or personalised for you.

You cannot cancel the Contract where the items have been tampered with, opened, not in their original packaging or in pristine condition with any retail seals unbroken, unless the items are faulty or not as described.

Where you cancel your Contract, you have a legal obligation to keep the items in your possession and to take reasonable care of them while they are in your possession.

If you decide to cancel your Contract, you must follow the below Returns Procedure.

Returns Procedure

You have a legal obligation to keep the items in your possession and to take reasonable care of them until you have returned the items to us.

You must return the items to us as soon as reasonably practicable, at your own cost. We recommend that you use a secure and trackable means of returning the items to us and you insure your return, as you will be liable for any damage to or loss of the items until we receive them.

Please note that the following Returns Procedure must be followed, and failure to do so may result in us being unable to provide a refund.

  1. contact us by emailing SSUKWeb@SimonSmithUK.com quoting your Order Reference and providing a list of what items you want to return and a brief description why you want to return them.
  2. within 7 days of us receiving your return details, and no initial investigation is required, then we will send you a Returns Authorisation email containing a Returns Address and a Returns Authorisation Reference
  3. you will need to print off a copy of the Returns Authorisation email and include within the package, without this Returns Authorisation email we cannot process your return
  4. you will need to package the items securely
  5. at your own cost, you will need to post the package to the address printed on the Returns Authorisation email

You can return the items to us in the salon where we would follow the above Cancellations and Returns Procedure

Refunds

Where you have cancelled your Contract and returned items to us in accordance with these Terms & Conditions and following our Returns Procedure, then you will receive a full refund of the price you paid for the items you have returned, unless on our receipt of the items, a refund will not be paid on items that have any of the following:

  1. been tampered with
  2. been opened or any retail seals broken
  3. not in their original packaging
  4. not in pristine condition

The refund is for items only and it will not will not include any applicable delivery charges made by us or any return delivery charges incurred by you.

Any items that are deemed by us as faulty or not as described, then a full refund will be made on all of those items and all delivery charges as long as you have contacted us by emailing SSUKWeb@SimonSmithUK.com within 14 days of receiving the items, quoting your Order Reference and providing a list of what items are faulty or not as described.

Any refunds will be processed within 14 days on our receipt of returned items. We will refund you on the credit card or debit card used by you to pay.

If you are not satisfied with the way in which we have handled your returns then please email details including your Order Reference to SSUKWeb@SimonSmithUK.com

Liability

Burnt Orange (UK) Limited, its subsidiaries, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or items that have been contractually bought by you on www.SimonSmithUK.com for any particular purpose. You acknowledge that such information and items may contain inaccuracies or errors to the fullest extent permitted by law.

Information provided about the items is intended to be used for informational purposes only. The statements and items are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on www.SimonSmithUK.com before ordering or using such items.

Your use of any information or items on www.SimonSmithUK.com is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any items, services or information available through www.SimonSmithUK.com meet your specific requirement.

You have certain rights under the law. These include that any items supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms & Conditions are intended to affect these statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.

If we breach these Terms & Conditions we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms & Conditions. We are not responsible for:

  1. losses not caused by our breach;
  2. indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms of Sale; and/or
  3. failure to meet any of our obligations under these Terms of Sale where such failure is due to events beyond our reasonable control.

Our aggregate liability to you in connection with each Contract shall not exceed the value of the items ordered by you under that Contract.

If you breach the Contract and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Contract. If any part of the Contract is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract. Each Contract is personal +to you and you may only transfer your rights or your obligations under a Contract to another person if we agree in writing. A Contract is not intended to give rights to anyone except you and us.

We will do our best to resolve any disputes over each Contract. If you wish to take court proceedings against us you must do so within the United Kingdom. The laws of England and Wales will apply.

Terms & Conditions




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