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Website Usage Policy

(Last updated 19th December 2012)

1. About this website usage policy

1.1 Please read this Website Usage Policy carefully. It sets out important terms and conditions which apply whenever you access, browse or use this website at www.thelashinc.com (“Website”). In particular your attention is drawn to the sections on “your use of this Website” (clause 3) and “our liability to you” (clause 7).

1.2 We intend to rely on the terms and conditions in this Website Usage Policy and it is our intention that you will be legally bound by them when you use this Website. If you do not wish to accept them, please do not continue to use this Website.

1.3 We may occasionally change this Website Usage Policy by updating it on this Website. You should check from time to time when you access this Website to ensure you are happy with any changes.

1.4 We advise you to print and keep a copy of this Website Usage Policy for your future reference.

1.5 Our Terms of Sale set out additional terms and conditions which apply specifically in relation to your orders and purchase of products on the Website.

2. About us

2.1 This Website is owned and operated by Vilasita TSA Limited, a company registered in England and Wales at Companies House (referred to in this Website Usage Policy as “us”, “our” or “we”). Our registered office is at Kumon Centre, Well Lane, Wednesfield, WV11 1XT, and our registered company number is 09454342. Our VAT number is GB242310316.

2.2 You can contact us by email at info@thelashinc.com or by telephone on 07974763956.

3. Your use of this Website

3.1 We have made this Website available in order to provide information about us and our products, to enable you to order our products, and to offer other features we make available on this Website from time to time. We do not give you permission to do anything with this Website except to browse its contents, place orders, and use those features.

3.2 You must take care not to do anything that could harm this Website or the computer systems which host this Website.

3.3 You must not use this Website in any way which is illegal or fraudulent.

3.4 You can purchase products through our Website without having to log-in, but to setup an account and be able to use some parts of the Website you will need to register and log-in using your unique log-in details supplied as part of the registration process (e.g. username, password). You are responsible for keeping your log-in details confidential and they should not be shared.

3.5 You should contact us as soon as possible if you believe that anyone has obtained your log-in details without your permission or if you become aware of any other breach of security on the website. We will not be responsible to you if there is unauthorised access to your log-in details or unauthorised orders on the website as a result of your log-in details becoming known by someone else, unless this is due to our own failure to take proper care.

4. Ownership of the Website

4.1 This Website and all the materials contained on it are protected by copyright or other intellectual property rights and they either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look and appearance of the Website, images and documents on the Website, and all other content.

4.2 You may not copy, redistribute, republish or otherwise make the materials on this Website available to anyone else without our consent in writing, except that you may print or download materials from this Website for your personal non-commercial use provided that:

4.2.1 no materials are modified in any way;

4.2.2 no images are used separately from accompanying text;

4.2.3 our copyright and trade mark notices appear in all copies and you acknowledge this Website as the source of the material; and

4.2.4 any person to whom you provide these materials are made aware of these restrictions.

5. Information on this Website

5.1 All information we make available on this Website is given for general information and interest purposes only. Although we try to ensure that information is accurate and up to date, we cannot be responsible for any inaccuracies in the information. This clause 5.1 does not apply to details of your orders for products which we confirm to you as part of the ordering process on the Website, as detailed in our Terms of Sale.

5.2 Images of products on our Website are for illustrative purposes. We endeavour to ensure they are materially accurate but in some cases the actual products may differ from such images.

5.3 Certain information on this Website is obtained from third party sources and as such we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date.

6. Linking

6.1 From time to time we may link to other websites which are not within our control. We are not responsible for those websites in any way. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.

6.2 You may not create a hypertext link to this Website from another website [without our consent in writing] OR [unless you comply with the following:

6.2.1 links must be to the homepage of the Website at www.thelashinc.com ;

6.2.2 you may not create a frame or any other border around the Website;

6.2.3 the website from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive; and

6.2.4 you must not imply that we endorse or are associated with any other website, product or service.

7. Our liability to you

7.1 For further information about your legal rights and how they may be affected by this Website Usage Policy, including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau.

7.2 Nothing in this Website Usage Policy excludes or limits our liability (if any) to you in respect of:

7.2.1 personal injury or death resulting from our negligence;

7.2.2 fraud;

7.2.3 any matter in relation to which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability; or

7.2.4 your orders and purchases of products. Our liability to you in relation to orders and products is instead governed by our Terms of Sale.

7.3 We are not responsible to you for any losses you may incur which were not a foreseeable or obvious consequence of us breaching this Website Usage Policy – for example, if you and we could not have anticipated those losses before or when you access this Website or it was not obvious that those losses would result.

7.4 While we try to ensure that this Website is functioning correctly, this may not always be achievable. We do not guarantee that this Website will be available all the time or at any specific time (e.g. if our computer systems used to provide the Website are under repair or maintenance or are otherwise unavailable).

7.5 We take steps to try to ensure that this Website is free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect your computer and data.

7.6 We do not guarantee that this Website will be compatible with all or any hardware and software which you may use.

7.7 We are not responsible to you for losses which you suffer due to any event beyond our reasonable control.

7.8 Our liability shall not in any circumstances include any business losses that you may incur, including but not limited to lost business data, lost profits or business interruption.

7.9 Except for the commitments we expressly make in this Website Usage Policy and any additional commitments arising out of your consumer rights granted by law, we do not make any other commitments or warranties about the Website.

8. Other information you need to be aware of

8.1 We will treat all your personal information that we collect in connection with this Website and/or your orders in accordance with the terms of our Privacy Policy.

8.2 We reserve the right to modify, withdraw, suspend or discontinue this Website or any functionality or feature on this Website at any time, for instance to comply with changes in the law or to add new features. We will try where possible to ensure that any changes do not reduce the quality of this Website.

8.3 All communications between us will be conducted in the English language. Any communications we send to you will be sent to the most recent e-mail address or postal address provided to us by you.

8.4 Neither of us intend that the terms and conditions of this Website Usage Policy will be enforceable by anyone except us and you by virtue of the Contracts (Rights of Third Parties) Act 1999.

8.5 English law applies to this Website Usage Policy. If any disputes arise between you and us in relation to this Website Usage Policy and you want to take court proceedings, you must do so in the English courts unless you are an individual consumer and reside in Scotland, Wales or Northern Ireland, in which case you may do so in the courts of the country in which you reside.

Vilasita TSA Limited

Website Terms of Sale

(Last updated 19th December 2012)

1. About these Terms of Sale

1.1 These Terms of Sale set out important information and conditions regarding your orders and purchases of products from us on our Website at www.thelashinc.com In these Terms of Sale “us”, “we” and “our” means Vilasita TSA Limited – please refer to our Website Usage Policy for more details about us.

1.2 You will be asked to read and agree to these Terms of Sale before you place an order for products from our Website. We intend to rely on them and it is our intention that you will be legally bound by them when you order from this Website. Please read them carefully. In particular your attention is drawn to the sections on “your commitments to us” (clause 3), “your right to cancel” (clause 6) and “our liability to you” (clause 7).

1.3 If you have any questions about these Terms of Sale, please contact us at info@thelashinc.com or 07974763956 before ordering. If you do not wish to accept them, we must ask that you do not order products from this Website.

1.4 We may occasionally update these Terms of Sale, for example to comply with changes in the law or to take account of new ordering processes or new products we may offer. You should read the latest version on this Website whenever you place an order to ensure you are happy with any changes. Any revisions will not affect any orders we have already accepted from you.

1.5 We will not necessarily keep a copy of these Terms of Sale specifically in relation to your order. We therefore recommend that you print and retain a copy of these Terms of Sale for your records.

2. Placing an order

2.1 When you submit an order, you are offering to purchase products from us at the prices indicated on the Website.

2.2 All orders for products from the Website must be placed using the shopping basket facility provided on the Website.

2.3 When you are ready to submit the order, you will be taken to a secure website operated by our provider of on-line payment facilities where you can enter your payment information.

2.4 Once your payment has been processed, you will be directed to a final confirmation screen on the Website displaying the details of your order. Please note: orders paid by PayPal eCheques are dispatched once echeque is cleared; this can take up to 7 working days. You will also be sent an email acknowledging acceptance of your order.

2.5 The contract between us is not formed until we have acknowledged acceptance of your order. This means that we will not be obliged to supply products until then.

2.6 If you are aged under 18, you must get your parent’s / guardian’s consent and ask them to read these Terms of Sale before ordering.

2.7 If you discover you have made a mistake with your order after you have submitted it to us, please contact us immediately so we can correct the mistake before the products are despatched.

2.8 We do our best to ensure that all products shown on this Website are available to order. However, if any products that you have ordered are out of stock or no longer available we will attempt to contact you. If the products that you have ordered are no longer available, we may offer you substitute products of a similar nature and quality. Again, in this case, we will contact you first and ask if you wish to proceed.

2.9 If you have any problems with your order, please contact us at info@thelashinc.com or 07974763956.

3. Your commitments to us

3.1 As a condition of ordering from us, you promise to us that:

3.1.1 either (a) you are at least 18 years of age and legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms of Sale, or (b) you have the permission of your parent or guardian to make the order and they have read these Terms of Sale;

3.1.2 the information you provide in your order is accurate and complete;

3.1.3 you will be able to accept delivery of the products at an address in England, Scotland, Wales or Northern Ireland

3.1.4 you are ordering the products in your personal capacity and not for re-sale or any other business purpose.

We may withhold products and/or cancel the contract between us if you do not meet any of the above conditions.

4. Prices and payment

4.1 Prices for products are quoted on our Website. We regularly check prices but the Website contains a large number of products and despite our best efforts it is always possible that some of the prices on the Website may be incorrect. We will verify prices as part of the order process so that a product’s correct price will be stated at the point when you are asked to make payment.

4.2 Delivery costs for products will be confirmed prior to you submitting your order. These may vary depending on which delivery method you select.

4.3 The prices on the Website include all taxes, including VAT (where applicable).

4.4 Payment for all products must be made using the payment facilities available through our Website.

4.5 Payment must be made in British pounds (sterling) upon the submission of your order. We may withhold the products and/or cancel the contract between us if payment is not received from you in full in cleared funds.

4.6 We reserve the right to change prices for products at any time, but changes will not affect your orders which we have already accepted.

5. Delivery

5.1 We aim to despatch and deliver products as soon as possible but we cannot give an exact delivery date. We do however guarantee that, unless there are exceptional circumstances outside our control, all products will be delivered within 30 days of the date of your order.

5.2 We will arrange for delivery of the products either by Royal Mail first class post or by courier depending on the delivery option you choose. Please refer to the Website for further delivery information and our current delivery charges.

5.3 The products will be delivered to the delivery address specified by you when making your order. If you order more than one product in a single order then they may be despatched separately and arrive with you at different times.

5.4 If you haven’t received the products you ordered within 30 days please let us know. You may cancel the order and we will refund any money paid by you if we have not delivered your products within 30 days.

6. Cancellation and returns

Your right to cancel

6.1 If you are a consumer (i.e. you are not purchasing either wholly or partly for your business and you are not a business) you have the right to cancel an order if you change your mind and receive a refund from us. This right to cancel is in addition to your legal rights to return defective or damaged products. However, it does not apply to orders for all types of products, for example personalised or perishable items.

6.2 You may choose to exercise your right to cancel within 7 working days, starting on the day after the date when the products are delivered to you. If you wish to cancel your order in this way, please contact us via the Contact Us page on the website.

6.3 If you choose to exercise this right to cancel, you will be responsible for returning the products to us and the cost of doing so.

6.4 If you have not returned the products within 14 days of telling us you wish to cancel or when requested by us to do so, whichever occurs first, we may collect the products from you at your cost.

6.5 Details of this right to cancel will also be provided to you in writing after you place your order.

Faulty products

6.6 You should inspect the products when you receive them for defects or damage. If you find that they are already defective or damaged you should tell us as soon as possible and we will arrange for their return to us at no cost to you.

6.7 We will (at our option) replace the defective or damaged products or refund the full price paid by you for the products.

General information about returns of products

6.8 Please send all returns to us at Kumon Centre, Well Lane, Wednesfield, WV11 1XT with a covering letter stating your returns number and accompanied by a copy of the original delivery note.

6.9 Whenever you return products to us, please try to ensure as far as possible that they are unused, unopened and in their original packaging with any seals and shrink-wrap intact.

6.10 If you wish to return any products, you are responsible for taking care of them until they are received by us. We recommend that you return products by recorded delivery.

6.11 All refunds will be paid within 30 days and by the payment method which you originally used for the purchase. If a discount was applied to the price you paid for the product, we will only refund the actual amount you paid.

6.12 Nothing in these Terms of Sale affects any other legal rights you may have to reject or return products.

7. Our liability to you

7.1 For further information about your legal rights and how they may be affected by these Terms of Sale, including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau.

7.2 In this clause 7 “losses” means (without limitation) any losses, costs, damages, injuries, accidents or claims suffered by you or any third party.

7.3 We do not exclude or limit our liability (if any) to you in respect of:

7.3.1 personal injury or death resulting from our negligence (i.e. our failure to take proper care);

7.3.2 fraud; or

7.3.3 any matter in relation to which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.

7.4 We are only liable to you for losses which you suffer as a result of a breach by us of these Terms of Sale or arising out of your consumer rights granted by law.

7.5 We are not responsible to you for any losses you may incur which were not a foreseeable or obvious consequence of us breaching these Terms of Sale or your consumer rights granted by law – for example, if you and we could not have anticipated those losses before or when we accepted your order or it was not obvious that those losses would result.

7.6 We are not responsible to you for losses which you suffer due to any event beyond our reasonable control.

7.7 Our liability shall not in any circumstances include any business losses that you may incur, including but not limited to lost business data, lost profits or business interruption.

7.8 Except for the commitments we expressly make in these Terms of Sale and any additional commitments arising out of your consumer rights granted by law, we do not make any other commitments or warranties in relation to your orders or the products we supply.

8. Other important information to be aware of

8.1 Unless you are aged under 18 and are ordering with the consent of your parent or guardian, neither you nor we intend that these Terms of Sale will be enforceable by anyone except you and us (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

8.2 We will treat all your personal information that we collect in connection with your orders in accordance with our Privacy Policy.

8.3 All communications between us will be conducted in the English language. Any communications we send to you will be sent to the most recent e-mail address or postal address provided to us by you.

8.4 We may transfer any of our rights or obligations arising under these Terms of Sale at any time, providing such transfer does not adversely affect your rights under these Terms of Sale. For example, such a transfer may occur if there is a future sale of our business.

8.5 English law applies to these Terms of Sale. If any disputes arise between you and us in relation to these Terms of Sale and you want to take court proceedings, you must do so in the English courts unless you are an individual consumer and reside in Scotland, Wales or Northern Ireland, in which case you may do so in the courts of the country in which you reside.