Fabian Bines’- Terms and Conditions

The following terms and conditions apply to all purchases and payments for goods and services, whether in the Salon or through distance selling. In making your purchase you accept these terms and conditions in full.

Application

  1. Headings shall not be construed as changing the terms and conditions and are provided to map information for ease of use.

  2. These terms and conditions will apply to the purchase of Goods and/or Services by you (the Customer).

  3. You are purchasing the goods and/or services from Fabian Bine . (the Supplier).

  4. These terms and conditions are the basis of all Goods we sell to you.

  5. These terms and conditions are the basis of all Services we provide to you.

  6. Goods may only be purchased from the Website if you are legally able to do so.

  7. By ordering Goods (whether in person at the Salon or by distance selling on the Website) or booking an appointment for Services you agree to be bound by these terms and conditions.

Definitions

  1. Words and phrases which are capitalised and italicised are assigned specific meaning in these terms and conditions.

  2. The use of singular or plural and masculine or feminine are inferred and shall not change the underlying definition herein.

  3. The use of the following words/phrases have been used as defined here in these terms and conditions:

  • Appointment

  • Consumer

  • Fabian Bine

  • Customer

  • Goods

  • Manufacturer

  • Order

  • Order Confirmation

  • Privacy Policy Salon

  • Services

  • Supplier

  • Terms and Conditions for Services

  • Website

Goods

  1. All Goods will be provided subject to availability.

  2. All Goods are provided without alteration as received from the Manufacturer, occasionally Manufacturers alter the material and or substances in their product. Where we are informed of such changes, we will endeavour to inform you of the changes at the time of sale.

  3. The description of Goods is as set out on our Website, in Salon promotional material catalogues, brochures or other forms of advertisement we provide. Any description is for illustrative purposes only.

  4. There may be small discrepancies between the description of size and colour of Goods supplied.

Services

  1. All Services will be provided by appointment only.

  2. All Services are provided on the basis of the Terms and Conditions for Services.

  3. The description of Services is as set out on our Website, in Salon promotional material catalogues, brochures or other forms of advertisement we provide. Any description is for illustrative purposes only.

  4. There may be detailed differences between the description of Services supplied as the result of mutual agreements in the course of the appointment.

Personal Information

  1. We retain and use all information under the  Privacy Policy.

  2. We may contact you by email or other electronic communication method, by pre-paid post, etc and you expressly agree to this.

Basis of Sale

General

  1. These terms and conditions are based upon a Consumer based relationship. If you are purchasing as a business, we may be able to agree terms and conditions on a trade basis.

  2. These terms and conditions apply to all Goods and Services provided by Fabian Bine and can only be varied by written agreement between the Customer and Fabian Bine. This applies to all descriptions, scope, cost, etc. and these terms and conditions.


Goods – Website

  1. The details of Goods on our Website do not constitute an offer to sell Goods.

  2. Orders submitted through our Website may be rejected for any reason. Where possible we will endeavour to inform you of the issue causing rejection.

  3. The Order process on our Website allows you to check and amend your Order at each step prior to submitting it.

  4. Discrepancies between your requirement and your Order are your responsibility, we cannot accept any liability for errors.

  5. Your Order will be a Contract for the sale of the Goods when you receive our Order Confirmation by email.

  6. The Order Confirmation should be reviewed against your requirements and you should confirm that your Order is correct.

  7. In the event of discrepancies between your Order/Order Confirmation you should advise us immediately and we will endeavour to adjust your Order before dispatch.

  8. Once dispatched no alteration can be made to the Order.


Goods – Salon

  1. The details of Goods in our Salon do not constitute an offer to sell Goods.

  2. Occasionally we are unable to provide Goods as the result of low or no stock being available for resale.

  3. When you Order goods in Salon, we will confirm availability and collect the requested goods for your review. The value of the Goods will be confirmed, and your Order confirmed upon agreement accordingly.

  4. Your Order will be a Contract for the sale of the Goods when payment is made.


Services

  1. Services are additionally subject to the Terms and Conditions for Services.

  2. Services are provided by Appointment

  3. Appointments are only available through fabianbine.com. We do not take telephone or verbal bookings. You may book a future Appointment with us (online) while in the Salon.

  4. The Service provided will be limited to the Service booked within your Appointment.


Price and Payment

  1. For Goods purchased on the Website the price of the Goods and associated delivery charges will be confirmed in the ordering process.

  2. For Goods purchased in Salon the price of the Goods will be confirmed at the point of sale.

  3. For Services booked on the Website the price (including deposits) for the Services will be confirmed in the booking process.

  4. All prices will be inclusive of VAT at the rate applicable (currently 20%). In the event of HM Government changing the VAT rate between your Order and payment being received we reserve the right to make adjustments to the VAT rate charged as required by HM Government.

  5. You must pay by either submitting your credit or debit card details on the Website and Salon or by cash in the Salon at the time of an Appointment.

  • Payment will be drawn against your Order as Goods are dispatched or collected.

    1. Payment will be drawn in two stages for Services, a deposit as set out in the Terms and Conditions for Services. and a final payment of the balance at completion of the Service Appointment.


Delivery

  1. Our Website indicates the availability and anticipate delivery times. Delivery times are quoted in terms of a duration from Order Confirmation to dispatch, we do not have any control of Goods once dispatched.

  2. Goods ordered on our Website will be dispatched by Royal Mail second class signed for delivery. Premium delivery can be arranged by separate agreement.

  3. The cost of delivery is the responsibility of the Customer, in the event of return we do not refund shipping costs to or from the Customer.

  4. Goods will be dispatched to the postal address you indicate in your Order, any discrepancies with respect to address and the location you require the Goods at is your responsibility.

  5. International deliveries, i.e. those outside the UK, Isle of Mann and the Channel Islands, will be subject to special agreement and you should contact us to agree shipping rates before placing an Order.

  6. We only ship complete Orders, where we are unable to fulfil your complete an Order we will contact you to agree whether you wish to take partial delivery, cancel those items unavailable or place the unavailable items on back order.

  7. Orders are dispatched uninsured and at the Customers We can arrange insured shipment at additional cost to the Customer by agreement.

  8. Delivery by Royal Mail or our delivery agent will constitute completion of the Order.

  9. From delivery you have two days to advise of any shortages or damage to Goods. Photographs of goods and packaging will be required to confirm damage.

Withdrawals, Returns and Cancellation

General

  1. We do not make refunds or accept any form of return for Services. For more information in this respect see Terms and Conditions for Services.

  2. Any Order may be cancelled up to the time of dispatch for online purchases and prior to payment in Salon with no liability.

  3. Purchase made online are subject to the Consumer Contracts Regulations which provide certain rights of cancellation which are respected below.

  4. Some of the Goods provided are in sealed containers, in the event of the seal being broken the right to cancellation is terminated.


Right to Cancel

  1. Subject to these terms and conditions you may cancel a Contract within 14 days.

  2. Goods are normally dispatched within three working days and once dispatched may not be cancelled. If requested explicitly by the Customer, we can delay despatch until 14 days have lapsed but Goods will continue to be used to fulfil other Orders and the delay may mean that stock is not available when your Order comes due for dispatch.

  3. Cancellation will only be accepted by email or a written letter sent to us.

  4. We will acknowledge all cancellations by email.

  5. You will meet the 14-day cancellation requirement as long as you send your cancellation to us by written means or email within the 14 days.


Cancellation

  1. In the event of cancellation, we will refund the cost of the Goods.


Faulty Goods

  1. Where Goods are faulty—e.g. the pump mechanism fails—goods may be returned for replacement. You should return faulty goods within 5 days of taking delivery to the location where purchased, i.e. whether the Salon or the dispatch address for Website

  2. Refunds will be made where the Goods are returned, and we are able to substantiate the fault.

  3. Refunds will be made for the value of the faulty Goods; all other costs are the Customers liability including delivery and return costs.


Restocking Charges

  1. In the event of Goods being returned as a result of cancellation or other reason we reserve the right to charge a restocking charge.

  2. The restocking charge will not be applied to Goods:

  • returned in resalable condition during the Right to Cancel period;

    1. Goods returned after the Rights to Cancel period where the goods are returned in a resalable condition.

  1. Where Goods are returned in damaged wrappings or require cleaning or supplementary treatment before they can be re-offered for resale, a charge proportionate to the required additional handling of the returned Goods will be deducted from any refund that may be due.


Reimbursement

  1. The Customer is responsible for any cost to return, and for ensuring delivery of Goods to the point of return is made. Reimbursement will only be made against Goods that are received. Lost or unreceived items will not be reimbursed.

  2. Reimbursement will be made following an inspection of the returned Goods. This usually will be within 5 days.

  3. Where we are of the view that a restocking charge is appropriate, we will advise you of this by email at the earliest opportunity.

  4. Reimbursement will only be made by the same means as the original payment.


Returning Goods

  1. Goods shall be returned to the point of sale. For Goods purchased in Salon they shall be returned to the Salon. For Goods purchased online they shall be returned to the dispatch address.


Conformity

  1. We will provide Goods in conformity with the Contract, as we are legally required to do, by meeting the following obligation.

  2. Upon delivery, the Goods will:

  • Conform to their description;

    1. Conform to the quality that we have indicated;

    2. Where we have provided advice before the Contract and you have made known to us all relevant information or sought such advice and it is reasonable for you to rely on our skill and judgement, they shall be fit for the purpose identified.

  1. Our Goods are influenced by a number of factors that are outside our control and it is not a failure of conformity if the failure arises from incomplete/incorrect information that you have provided.


Circumstances Beyond Control

  1. Where events lead to the Supplier or the Customer being unable to deliver or other failure, because of events beyond their reasonable control:

  • each agree to advise the other of the event as soon as is practically possible; and

    1. obligations will be suspended until events return to normal, and no liability will be attached to any failure arising from the event.

  1. The Customer retains the rights relating to delivery and rights to cancel.

Privacy

  1. Your privacy is important to us and we wish to protect and respect any information you provide us. To this end we comply with the General Data Protection Regulations as applicable to all information we are privileged to receive.

  2. Our Privacy Policy is detailed separately at Privacy Policy and this forms part of these terms and conditions.

  3. For specific complaints or issues regarding our Privacy Policy please email your query to us at itsmoi@fabianbine.com.

Excluded Liabilities

  1. The law imposes upon the Supplier a legal duty with respect to:

  • any fraudulent act or omission; or

    1. death or personal injury caused by negligence or a breach of the Suppliers legal obligations;

  1. Subject to this the Supplier is not liable for:

  • loss which was not reasonably foreseeable to both parties at the time the Contract was made;

    1. loss (e.g. loss of profit) to the Customer’s business, trade, craft, or profession which would not be suffered by a Consumer – because all Goods are provided in the belief that the Goods are being provided to a Consumer for Consumer usage and not for the purposes of business, trade, craft, or profession.

Complaints

  1. We believe that differences are best resolved by discussion and amicable resolution. Should you have any reason to complain we would ask that Customers contact us in the first instance to allow us to work with you to find a solution. You can contact us at itsmoi@fabianbine.com with any issue related to Goods and Services we have supplied to allow us to address your concerns. We aim to respond as quickly as possible and no longer than 5 working days.

We aim to follow the National Hair & Beauty Federation (NHBF) code of conduct, copies of which can be found on their website at https://www.nhbf.co.uk/about-the-nhbf/what-we-do/code-of-conduct/.

 
Registered Company/Office

  1. Fabian Bine is registered in England and wales, as a sole trader and thus does not have a company number.

  2. Fabian Bines registered office is at:
    215 Chamberlayne Road,
    Eastleigh,
    Hampshire,
    SO50 5HZ


Governing Law

  1. These terms and conditions and all related matters are governed by the laws of England and Wales.