Terms and Conditions

This website is operated by By Kenzi. Throughout the site, terms such as 'we', 'us', and 'our' refer to By Kenzi, Northamptonshire, UK. 

By visiting our site, you engage in our service, goods, and products, and agree to be bound by our terms and conditions. Our terms and conditions apply to all users of our site, not just our customers. Please read through all T&C's thoroughly before using our site as they may affect your rights and liabilities under law. Any new features will also be subject to the T&Cs, which will always be up to date, on this page. We reserve the right to update, change or replace any part of these via our website. It is your responsibility to check this page for any changes. Your continued use of our website will presume the acceptance of any changes to the terms and conditions. If you feel unclear on any of our T&Cs, please contact Kenzi on kenzi@bykenzi.co.uk before placing an order or booking a training course. Our store is hosted on Go Daddy, whom provide us with the online e-commerce platform allowing us to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these T&Cs you are declaring that you are at least the age of majority in your state or province of residence.

You may not use our products for any illegal or unauthorised purpose nor may you violate any laws in your jurisdiction (including but not limited to CR laws).

You may not transmit any viruses or destructive software.

A breach or violation of any terms will result in immediate termination of your access to our site.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason, at any time.

Please see our privacy policy, which outlines all the ways in which we process information about you.

You agree to not reproduce, duplicate, copy, sell resell or exploit any of our services, products, or website content, without permission by us.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our goods and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the service or product without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - PRODUCTS OR SERVICES

Our products/services may have limited quantities and are subject to return only according to our return policy.

We have made every effort to accurately display the colours and images of our products as they appear in person. We do not take any responsibility of your computer monitors display of our images.

We reserve the right to limit the sales of any individual, geographic region or jurisdiction.

All descriptions of products/services are subject to change at any time without notice.

We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

- ORDERING PRODUCTS

1. You must only place an order with us if you are a qualified eyelash technician who has obtained an accredited professional certification. We reserve the right not to process and order at any time if we are not satisfied that you are entitled to purchase products from us. If you want more information about attending a training course with us, you can contact us at kenzi@bykenzi.co.uk

2. Orders/bookings are subject to the availability of our products and services.

3. Orders are subject to tax and delivery fees.

4. We aim to dispatch your order the same day if orders are placed before 1pm Monday-Friday, and before 10am Saturday. In the event that we are unable to dispatch on the same day, your order shall be dispatched the following day (with the exception of Sundays and Bank Holidays).

5. Once an order has been dispatched, you will be notified with your tracking information.

6. Once your order has left us, it is subject to the couriers T&Cs.  Any claims or lost items will be processed according to the postage/courier agent's procedures and claim processes. We will not be responsible for any delays or errors out of our control and made by the postal service.

YOUR STATUS

By placing an order for Products, you declare that:

a) You are a trained eyelash extension technician with an accredited qualification;

b) You are legally capable of entering into binding contracts;

c) You are at least the age of majority in your state or province of residence.

d) You are resident in the United Kingdom or one of the Destination Countries.

e) You are fully insured.

ADHESIVE PRODUCTS

Adhesive products carry risk of injury if they are not used correctly. For this reason, when purchasing our glue you are confirming that you hold an accredited eyelash extensions certificate, are knowledgeable in the use of adhesive, and are fully insured to use such products.

We may require anyone ordering adhesive to provide proof, to show that they are qualified.

If you fail to provide proof, we may not supply you with adhesive products.

If we suspect that you are not qualified or compliant, we reserve the right to not supply you with any adhesive, at any point.

When using our adhesive you must:

a). perform a careful and detailed client consultation, and check for any potential contraindications.

b). if contraindications are found you will obtain a GP signature before proceeding with the treatment.

c). you will perform a patch test 48 hours prior to the treatment and online perform treatment if this is clear.

d). you will ensure that clients eyes are totally closed during treatment.

e). you will never use our adhesive on clients who: have had any eye condition; laser eye correction, open wounds on the face, eczema, dermatitis, psoriasis, recent semi-permanent make up or facial surgery, or any condition which would otherwise make them unsuitable for the use of adhesive.

Adhesive product use will be at your own risk from the time you receive the product. Ownership will then be passed to you.

SECTION 6 - IMPORT DUTY/BANKING CHARGES

If an order is accepted outside the UK, they may be subjected to import tax which are forwarded to you when the delivery reaches the specified destination. This is your responsibility. We have no control over these charges and cannot predict the amount. Contact your local customs office for further information.

You will still be able to return your items, however you should note the extra time for posting your goods back to ensure they reach us within the refund period. We will only refund the amounts we received and not any additional charges.

SECTION 7 - INTELLECTUAL PROPERTY

We own all intellectual property relating to By Kenzi. This includes content, trademarks and name, designs, website domains, copyright or any other intellectual property rights.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. These restrictions may include orders placed by the same customer account, credit card, and/or orders using the same billing or shipping address. You will be contacted if we make any changes or cancellations to your orders. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You declare to use current and accurate account information for all purchases.

SECTION 8 - OPTIONAL TOOLS & THIRD PARTY LINKS

We may provide access to third party tools, services and materials, which we do not monitor, control or have any input. You are subject to the T&Cs of these third party tools, we are not liable for any harm related to such websites.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We are under no obligation to pay compensation for any comments or respond to any comments.

We may monitor, edit, or remove any content we deem to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, hateful, malicious or otherwise objectionable or violates any party’s intellectual property or these Terms of Conditions.

You agree that your comments will not violate any right of any third-party, or rights.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

There may be typographical errors, inaccuracies, or omissions within our site. We reserve the right to correct any errors, and consequently change or update information or cancel orders if any related content is inaccurate without any notice.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 – OUR LIABILTY

14.1 We are under a legal duty to provide Products which comply with the terms of the Contract. You should also be aware that consumer sales in the UK are subject to governance by organisations such as the OFT, the Department of Enterprise, Trade and Investment in Northern Ireland and the Trading Standards Institute, and subject to codes of conduct, further details of which can be found at http://www.tradingstandards.gov.uk/advice/  

14.2 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, officers, agents, suppliers or contractors) to you in respect of (a) any breach of these terms of sale or the terms of any Contract, (b) any use made or resale by you of any Products, or of any product incorporating any of the Products, and/or (c) any representation, statement or tortuous act or omission including negligence arising under or in connection with any Contract.

14.3 Nothing in these terms seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) under section 2(3) of the Consumer Protection Act 1987, (c) for fraud or fraudulent misrepresentation, or (d) for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

14.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. For the avoidance of doubt, no attempt is made to exclude (i) the terms implied by section 12 of the Sale of Goods Act 1979, or (ii) any terms implied for the protection of Consumers which may not be excluded under law.

14.5 Subject to clauses 13.3 and 13.4, we are not responsible for (i) indirect losses which happen as a side effect or indirect consequence of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or waste of management or office time; in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, or (ii) for any liability which arises from your misuse of the Products or your failure to comply with any Product guidelines or requirements provided by us, including (without limitation) any recommended pre-tests or patch tests before using the Products.

14.6 Subject to clauses 13.2-13.5 above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price (inclusive of any delivery charges).

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless By Kenzi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.

SECTION 18 – EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control (Force Majeure Event). 

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; problems with use of railways, shipping, aircraft, motor transport or other means of public or private transport; problems with the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

SECTION 19 - COMPETITION

All entries for competitions or promotions held by By Kenzi should only be entered by qualified professionals that must hold a professional certificate and you maybe asked to show this at any given time. Entries to competitions must be 1 per person/ organisation unless stated otherwise.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at kenzi@bykenzi.co.uk