The Contract between us.

To make a purchase from our website, you must complete the on-line registration form.

A binding contract for the sale and purchase of goods between you and us will only come    into effect when we issue to you confirmation of order and an order reference number to the e-mail address provided by you on the registration form. We are not obliged to accept any order(s) you submit.

Prices

All prices are correct and monthly supervised, but are subject to alteration without prior notice. All product prices are inclusive of VAT, at ruling rates and delivery costs may apply.

Payment

Payment is due to the Company in full, prior to despatch of goods if a credit arrangement is not agreed beforehand. Payment is due in full 30 days from date of invoice where a credit agreement exists. Further orders will not be dispatched whilst a balance is outstanding. Time for payment is of the essence.

Access

You are provided with access to the Website in accordance with these Conditions and any orders placed by you are placed strictly in accordance with these Conditions.

Registration

You warrant that the Personal Information which you provide when you register as a customer is true, accurate, and current and complete in all respects and in particular you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

You agree to notify us immediately of any changes to Your Personal Information by contacting Our web customer services team by e-mail at info@fluttereyes.co.uk or by calling 01372386312 between 11.00am-4.00pm Monday – Friday.

Indemnity

You agree to fully indemnify, defend and hold Us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your shopping account and/or Your Personal Information.

OUR RIGHTS

We reserve the right to:

Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Privacy

What we collect

We may collect the following information:

  • Name
  • Email
  • Address
  • Contact number
  • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • To process orders
  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@fluttereyes.co.uk

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to info@fluttereyes.co.uk.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

ONLINE ORDERS

Order Acceptance

We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide.

All Products shown on the Website are subject to availability.

The technical steps required creating the contract between you and us are as follows:

You place the order for Your Product(s) on the Website by clicking the Place Order button on the Payment page of the checkout process;

You will be guided through the process of placing an order by a series of simple instructions on the Website;

Payment will be taken by Adyen or Optimal, then the goods will be dispatched from Our distribution centre;

Your goods will be dispatched according to the delivery option You have selected during the checkout process on the Website;

We will send you an order acknowledgement e-mail detailing the Products You have ordered. This is not an order confirmation or order acceptance from us. If You are placing an order through Our web customer services team by telephone, fax or post because You do not have an e-mail address we will send a written order acknowledgement letter to Your billing address through the post;

Our acceptance of your order will only take place upon despatch of the Product(s) ordered.

International Orders

International tax and duty: International shipments (Outside European Zone) are subject to import fees, duties and taxes, which are levied once a shipment reaches their country, in addition to the brokerage fees/custom clearance charges which may be imposed by the carrier. These charges must be borne by the recipient. We have no control over these charges and cannot predict what they might be.

Due to high International shipping costs and taxes and duty fees, we cannot ship any order that includes backordered items. We will hold the order until all items are in stock and available to ship. Please contact us if you wish to cancel or change these items.

If an international shipment is refused and/or returned, any taxes, duties, custom fees, brokerage fees or shipping charges incurred from this return, will be the responsibility of the customer.

Replacement Goods / Refund.

Recipients of any delivery are entitled to a replacement if goods arrive damaged. If a refund is required and the order has been shipped the order will have to be returned to us. Once we have received the goods the Purchaser will be refunded. If an order has not been shipped the order can be cancelled prior to your card being charged.

We only refund goods that have not been used, or damaged on delivery, or defective items. We cannot accept used or opened goods to be refunded, no exceptions.

If you wish to amend, exchange or cancel your order/products, you must contact us as soon as possible after your order has been placed. Orders are normally processed swiftly so we may have already packaged your order and made arrangements for it to be sent to you. In these circumstances it will not be possible to amend or cancel your order. Additionally, we cannot always stop your order from being dispatched.

Please note that you have 7 days for UK or 14 days International after the goods arrived to return defected or damaged Items. If you think you bought some goods by mistake, therefore is your responsibility, nothing to do with us.

If you wish to amend or cancel an order please contact our customer services team on 01372386312 between 11.00am-4.00pm Monday – Friday. Or e-mail to info@fluttereyes.co.uk.

It would be helpful if you could have the following details to hand:

• Customer name

• Order number

• Date of the order

• Value of order

• Payment method

Payment

With regard to any contract for the purchase of Products from Our Website all prices and delivery charges are inclusive of VAT at the current rates and are correct at the time of entering your order onto our system. The total cost of your order is the price of the Products ordered are inclusive of VAT and delivery charges (where applicable).

You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, We will not be liable for any delay or non-delivery.

Refusal of transaction

With regard to any contract for the purchase of Products from Our Website We reserve the right to withdraw any Products from the Website at any time and/or remove or edit any materials, prices or content on the Website without prior notice. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole and unfettered discretion. We will notify you if we do not accept your order. We will not be liable to you or any third party by reason of:

Our withdrawing any Product from the Website whether or not that Product has been ordered

Removing or editing any materials or content on the Website

Refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Eligibility to order

To be eligible to purchase Products on this Website and lawfully enter into and form a contract with us under English law you must:

When creating an order provide your real name, phone number, e-mail address, payment details and other requested information;

Stipulate a delivery address in the United Kingdom. Please note that PO Box numbers are not acceptable;

Possess a valid credit or debit card issued by a bank acceptable to us;

By making an offer to buy a Product, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.

Company details

Flutter Eyes Franchising Ltd & Flutter Eyes Ltd

Registered Address(This is not a salon location, we are a mobile business)

16 Kingston

Leatherhead

Surrey

KT227HY

Company numbers

Flutter Eyes Ltd: 07294905

Flutter Eyes Franchising Ltd: 07294906

VAT registration numbers

Flutter Eyes Ltd: 128169992

Flutter Eyes Franchising Ltd: 135312447

All lash services are carried out by individual franchisees and not by Flutter Eyes Ltd or Flutter eyes Franchising Ltd.

Disclaimers and limitation of liability

The materials on this Website are directed solely at those who access the Website from within the United Kingdom. We make no representation that any Product displayed for information only on the Website is appropriate for use, or available, in other locations.

Given the unpredictability of technology and the online environment, We do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a condition to become a visitor to and a user of the Website, You agree to these Conditions and that access is undertaken at your own risk. We shall not be liable for damages of any kind related to your use of or inability to access this site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

We have made every effort to display the Products featured on Our Website as accurately as possible. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor, will greatly affect the colours you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that your monitor’s display of any colour, texture, or detail of actual merchandise will be accurate.

We endeavour to present the most recent, most accurate, and most reliable information on Our Website at all times. However, we make no claims to its accuracy, either expressed or implied. There may be occasions when some of the information featured on Our Website may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and we apologise for any inconvenience that this might cause. We reserve the right to amend errors, make changes to Our Website or to update Product information at any time without prior notice and without any liability on our part. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied.

Certain (hypertext) links in this site may lead to other websites which are not under our control. When you activate any of these, you will leave the Website and we have no control over and will accept no responsibility or liability for the content, accuracy or any other aspects of any website that is not under our control. The provision of a link is for your information and convenience only and does not imply an endorsement of any kind by us.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until Your order is accepted in accordance with Our Order Acceptance Policy.

The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.

This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights as set out in these Conditions.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract and/or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

any loss of goodwill or reputation; or

Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

We shall not be under any liability to you in the event of our failure, delay or default in carrying out all or any of our obligations under these Conditions due in whole or in part to an event of Force Majeure.

Unauthorised use of Domain Name

From time to time, certain cyber squatters or other unauthorised persons may register in bad faith a confusingly similar domain name with the intention of taking unfair advantage of Flutter Group reputation and goodwill. The Flutter Website addresses on the Internet are www.fluttereyes.co.uk, www.fluttereyesfranchise.co.uk, www.katestonecosmetics.com.  Any other domain name that appears to represent itself as being a Flutter Group Website may not be related to Us and may represent an unlawful infringement of Our rights, reputation and goodwill. We are not responsible and cannot be held liable to any person for the contents or anything related to these other unlawful purportedly ‘ Perfect Eyelashes Group’ websites.

Intellectual Property

The content of the Website is the property of the Flutter Group(Flutter Eyes Ltd & Flutter Eyes Franchising Ltd), Our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.

The Trade Marks used on the Website are the registered and unregistered marks of the Flutter Group, Our affiliates, our licensors or our partners, and are protected by UK and international 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.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Office working hours are 11.00am-4.00pm Monday – Friday. We will aim to respond promptly to all calls, faxes and e-mails received outside of these working hours on the following working day.