TERMS & CONDITIONS
Welcome to our website under the domain name www.windlelondon.com (the “Website”). Comptons Limited trading as Windlehair, (“Windle”, “we”, “us” or “our”) provides the services available on the Website to you subject to the following terms and conditions (the “Terms and Conditions”).
2. PURCHASE RELATED POLICIES
When you place an order on the Website, you will be asked to provide your particular payment details on a secure booking online booking form via the Website. Payment will be taken immediately upon you completing the online booking form.
3. CANCELLATION AND REFUNDS
You have the right to cancel your order and receive a full refund on your order at any time up to 14 days from the date of your receipt of the items purchased. To receive a refund (excluding shipping costs), the goods must be unused and still sealed and in their original packaging where appropriate. If a discount was applied to your original order, the amount refunded to you will be adjusted to allow for the revised order value and the appropriate discount level.
You also have the right to request an exchange of product at any time up to 14 days from the date of receipt of the items purchased. To qualify for an exchange, the goods must be unused and still sealed and in their original packaging where appropriate.
5. RETURNS – WAM PRODUCTS
Electrical WAM products are guaranteed for a period of one year from the date of purchase against defects due to faulty workmanship or materials.
Each WAM product is sold with a product protection guarantee card which covers both parts and labour. This service is provided only upon presentation of receipt of purchase, completed product protection guarantee card with the date of purchase within the guarantee period, and the faulty product itself.
This guarantee is not valid if the defect is due to accidental damage, misuse or neglect, or in any case where alterations or repair are carried out by unauthorised persons. Replacement is by next day recorded delivery. You will need to return goods back to us at: Windle Unit 1, Ullswater Road, Business Park, Penrith, Cumbria, CA11 7EH.
6. APPOINTMENTS FOR SALON SERVICES
When you book an appointment via the Website for one of our services in salon you will be contacted by one of Windle’s representatives who will confirm your appointment booking. Unfortunately the date and time you select may not be available but you will be offered an alternative date and/or time to suit by your account representative. Your booking is not secured until you have been contacted to confirm the booking. When making your booking you will also be asked to provide your credit or debit card details.
7. CANCELLATION OF SALON SERVICES
Cancellations should be made no later than 48 hours prior to the confirmed appointment. To cancel your booking please notify Windle by email ([email protected]) or telephone (0207 497 2393).
8. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products and services on the Website; however, to the extent permitted by applicable law, we do not warrant and make no representations whatsoever that the product descriptions, prices for products and services, hours of operation or other content available on the Website is accurate, complete, reliable, current, or error-free. Any views expressed in messages on the Website are not necessarily that of Windle or anyone connected with it.
9. INTELLECTUAL PROPERTY
All content available on the Website, including, but not limited to, text, graphics, photographs, logos, button icons, images, audio clips, data compilations, software and the compilation thereof (the “Content”) is the intellectual property of Windle, our affiliates, our partners or our licensors, and is protected by the relevant U.K. and international intellectual property laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered trade marks of Windlehair Ltd., our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and United Kingdom trade mark laws. All other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 10 below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
10. LIMITED LICENSE
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth in this Section 10 does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trade Marks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trade Mark without express written permission; (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this Section 10 without prejudice to any other remedy provided by applicable law.
Subject to the permission and restrictions expressed in this Section 9, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.
11. THIRD PARTY LINKS
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are solely for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
12. YOUR OBLIGATIONS AND RESPONSIBILITIES
13. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
(A) INTERRUPTION OF BUSINESS; OR
(B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; OR
(C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR
(D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; OR
(E) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR
(F) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOWEVER, NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT WINDLE’S LIABILITY FOR:
(A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR
(B) FRAUD; OR
(C) MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR
ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of England and Wales, as if the Terms and Conditions were a contract wholly entered into and wholly performed within that legal jurisdiction. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in accordance with and under the exclusive jurisdiction of the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in accordance with the laws of England and Wales and under the exclusive jurisdiction of the courts of England and Wales. Any dispute arising under this agreement shall be conducted under the rules then prevailing of the High Court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
16. SERVICE ACCESS
1. While Windle endeavors to ensure that the Website is normally available 24 hours a day, Windle shall not be liable if for any reason the Website is unavailable at any time or for any period.
2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons by the Windle control.