These terms and conditions (“the Terms”) govern the users (“you” or “your”) use of this website (“the Website”, “our Website”) and your business relationship with Agatha K. Micropigmentation, 156C High Road, Beeston, Nottingham, NG9 2LN, United Kingdom (“we”, “our” or “us”). By using the Website in any way, or by buying from us, you agree to be bound by them. Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access or use the Website.
These terms and conditions apply:
1.1 so far as the context allows, to you as a visitor to our Website; and in any event to you as a buyer or prospective buyer of our items (“items”).
1.2 Items we advertise may not be available.
1.3 We will send you an email confirmation once your order is accepted. Our on-screen message will also confirm details of your purchase. This is when our contract is made.
1.4 We keep the right to change these terms at any point. You are bound by the terms on our Website at the time you order items.
1.5 We sell third-party products so all descriptions, weights, and sizes of items are from the original manufacturers and you may not rely on their accuracy. And any such description shall not form part of this contract.
1.6 If your item is out of stock, we will offer you alternative products. If this happens you can:
1.6.1 accept alternative products;
1.6.2 cancel your order;
1.7 If we owe you money, we will credit your bank card within 7 working days from the date of your order.
1.8 Items are at your risk from the moment they are with the delivery company (“the Carrier”).
2.1 We must receive the full payment for your order before we post it.
2.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds sterling will be borne by you.
2.3 Any details given by us in relation to exchange rates are approximate only and may change at any time.
2.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
3 Information about you
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Items.
4.1 Deliveries will be made by the Carrier to the address you provide with your order. You must ensure that someone is present to sign for the delivery. Should you not be present at the delivery address, we will attempt redelivery later.
4.2 If we are not able to deliver your items, we shall notify you by e-mail or phone to arrange another date for delivery.
4.3 Unless specified otherwise, products are shipped by First Class mail.
4.4 We may deliver the items in instalments if the items are not available at the same time for delivery.
5 Taxes, duties and import restrictions
5.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
5.2 You are responsible for purchasing items which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
6 Items returned
If you want to return items to us, these are the terms which apply
6.1 The items must be returned to us within 14 days of your telling us you want a refund:
6.1.1 with items and all packaging in their original condition;
6.1.2 in the secure package;
6.1.3 including our returns form;
6.1.4 at your cost.
6.2 After we have received the items, we will credit your bank card with the full purchase price of the items returned within 7 working days from the day we receive it;
6.3 If you do not return the items to us, you are still liable to us for the cost.
6.4 If any of the returned items are in an unsuitable condition, we will post it back to you and no refund will be issued.
6.5 We are under no obligation to recover items from you, but if we do, you will cover our costs.
7 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
8.1 We may make improvements or changes to our Website at any time and without any notice.
8.2 The content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the items for your purpose.
8.3.2 the truth of any information given on our Website;
8.3.3 any implied warranty or condition as to merchantability or fitness of the items and services for a particular purpose;
8.3.4 compatibility of our Website with your equipment software or telecommunications connection.
8.4 Our Website may contain links to other internet websites. We have neither power nor control over any such Website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked Website, nor for any loss or damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the purchase of items.
8.6 In any claim against us our liability is limited to the value of the items you have purchased in the contract which is the subject of the dispute.
9 Intellectual Property Rights
9.1 The content of the Website is protected by copyright and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
9.2 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
10 System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the installation;
10.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our Website, or any software used on our Website, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
10.4.1 any violation of system security;
10.4.2 your use of our Website;
10.4.3 any other breach or violation of this agreement by you;
10.4.4 the infringement by you, or by any other user of your computer, of any intellectual property or other rights of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
You agree to fully indemnify us for all claims, losses, costs, and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
12 Social media competitions
12.1 The Promoter of this promotion is Agatha K. Micropigmentation, 156C High Road, Beeston, Nottingham, NG9 2LN (the “Promoter”).
12.2 The promotion is open to entrants worldwide, aged 18 years or over, excluding employees of Agatha K. Micropigmentation.
12.3 There is no entry fee and no purchase necessary to enter the promotion.
12.4 By entering the promotion, entrants are indicating their agreement to be bound by these terms and conditions.
12.5 The promotion will run on Facebook and Instagram. By entering, entrants confirm that they agree to be bound by the terms of service of the social media site they use to enter the promotion (Facebook or Instagram).
12.6 Late entries will not be accepted.
12.7 No responsibility can be accepted by the Promoter for entries not received for whatever reason.
12.8 The prizes, entry instructions and promotional period can be found on the relevant social media promotion posts.
12.9 The Promoter reserves the right to cancel or amend the promotion and these terms and conditions without notice in the event of any circumstances occurring that are outside of the Promoter’s control. Any changes to the promotion will be notified to entrants as soon as possible by the Promoter.
12.10 The Promoter reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
12.11 The winner(s) will be randomly selected within 1 week from the end of the promotion and contacted via social media or telephone. If the winner(s) fail to respond within 5 working days, they forfeit any right to the prize(s) and a redraw will take place from the remaining valid entries to select a new winner(s).
12.12 Please allow 28 days for delivery of the prize(s) from the date of claiming the prize(s).
12.13 The Promoter reserves the right to verify winners and ask for proof of identity, age, address, and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
12.14 By entering the promotion and accepting these terms and conditions, entrants agree that the Promoter reserves the right to use and feature their name(s) and social media accounts for publicity purposes.
12.15 Any personal data relating to the winner or any other entrants will be used solely in accordance with current data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
12.17 The Promoter does not accept responsibility for network, computer or software failures of any kind, and has no responsibility for lost, delayed or misdirected entries.