Terms & Conditions

 

These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website EYELASH WONDERLAND ('the Website') and your relationship with YOEMKIN LIMITED (trading as EYELASH WONDERLAND) whose registered office is at 26A Belgrave Court, 36 Westferry Circus, London, England, E14 8RL and whose company registration number is 11438830.

 

  1. AGREEMENT

By using the Website you agree to be bound by these Terms.

 

  1. AMENDMENTS

We reserve the right to update these Terms from time to time and any changes will be notified to you by a suitable announcement on the website. It is your responsibility to check for such changes and the changes will apply to the use of the Website immediately upon such announcement. Your continued use of the website after the date on which the change comes into effect indicates your agreement to be bound by the new Terms.

We reserve the right to modify or withdraw this Website and the material contained within or any part thereof without notice to you. By your use of the Website you agree that we shall not be liable to you for any modification or withdrawal of the Website or any of its contents.

 

  1. PRIVACY POLICY

All your personal information will be treated as confidential information and will only be used in accordance with our Privacy Policy.

 

  1. USE OF THE WEBSITE

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.

 

  1. THIRD PARTY LINKS

The Website may contain links to other websites or materials which is beyond our control. We do not review or endorse such websites or materials and therefore we are not responsible for such websites or materials. We will not be liable for any damage, loss or offence caused in connection with the use of or reliance on any content including advertising, products, materials, services or information available on such external websites or resources. We will not be liable for the privacy practices or content of such websites or materials, whether directly or indirectly.

 

  1. INDEMNITY

You agree to fully indemnify us, our officers, directors, employees and suppliers from and against all claims, losses, costs and expenses caused by 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.

The Website or documents sent with a product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.

 

  1. ELIGIBILITY TO PURCHASE

To be eligible to purchase goods or services on this Website you must be 16 years of age or older; and provide your real name, address, phone number, e-mail address and any other information required for identifying you and fulfilling the purchase orders made by you.

By offering to purchase goods and services you represent to us that you are 16 years of age or older.

In order to purchase goods or services, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card, or valid payment information. You warrant that the payment information you submit is yours. All payments are subject to validation checks and authorisation by the relevant card issuer or payment provider. We are not responsible in the event that your card or payment provider refuses to authorise payments.

 

  1. ORDERS

All orders are subject to acceptance and availability. If the goods or services are not available, you will be notified by e-mail or any other means if no e-mail address is provided; and you will have the option either to wait until the item is available or to cancel your order.

Any orders placed by you will be deemed as an offer to purchase the goods or services and we have the right to reject such offers at any time. Any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The acceptance of your offer to purchase goods or services will take place when we (i) debit your credit/debit card or take any payment from the payment providers information of which you supply us on your offer; or (ii) dispatch the goods or commence the services, whichever should come last.

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 provided by you when accessing or ordering from the Website.

The products will be deemed to be under your possession once they have been delivered to the delivery address provided by you on making the order. This means that we accept no liability and it is at your risk if (i) you provide an incorrect delivery address; or (ii) you fail to collect the products from the delivery address you provided.

 

  1. PRICING

All information displayed on the Website relating to price and availability is subject to change by us. We reserve the right to change prices and information on availability at any time without notice to you.

If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

In the unlikely event that the price displayed on any part of the Website is wrong, and we discover this before accepting your order in accordance with clause 8, we reserve the right not to accept your offer to purchase the goods or services at the price shown. We always try to ensure that the prices shown on our Website are accurate and up to date, but occasionally genuine errors may occur. If we discover an error in the price of the goods or services that you have ordered, we will inform you as soon as possible and give you the option to either reconfirm your order or to cancel it. If you cancel your order and you have already made the payment, then you will receive a full refund.

 

  1. DISCOUNT CODES AND PROMOTIONS

You may use only one discount code for each order. In the event that you use more than one discount code for an order, we reserve the right to reject or cancel the order.

The discount codes must be used strictly in accordance with the terms and conditions upon which they were issued, which may include but not limited to terms relating to your eligibility to use them and a maximum or minimum order value.

Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these Terms, the discount code terms and conditions shall prevail. A copy of the discount code terms and conditions can be obtained by contacting the customer service via the Website.

 

  1. CANCELLATIONS

Where you have purchased goods or services as a consumer for private use as opposed to business use, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days from the day on which you acquire physical possession of the goods. 

If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.

You will not have any right to cancel a Contract for the for the purchase of goods in the following circumstances:

    • where by reason of their nature and the manner in which you have taken care of them the goods cannot be returned. For example, without limitation, when the goods have been rendered no longer marketable to other customers due to health & safety or hygiene reasons by action of the consumer including but not limited to the act of unpackaging and using the goods; and/or
    • where the goods have been customised to your chosen specifications.

 

  1. INTELLECTUAL PROPERTY

The content of the Website is protected by copyright, trade marks, database 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.

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.

 

  1. LIMITATION OF LIABILITY

13.1. Notwithstanding any other provision in the Terms, nothing in these Terms affect or limit your rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence.

The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website. 


13.2. We do not accept liability for any consequential loss of profit or indirect losses. You should therefore not book application of the goods until you have received them and inspected them.

Some products we stock, if not used correctly, could lead to injury. We are not liable for ensuring that the product is used in line with the manufacturers recommendations and instructions, and any injury arising from the use of the products we provide is not our responsibility. You must therefore always read and follow the application and care instructions provided by the manufacturers carefully prior to using your product(s). If the product(s) do not come with application and/or care instructions, please contact us immediately and do not use the product.

You must carry out a patch test behind your ear or on the inside of your elbow at least 48 hours (subject to vary according to manufacturer recommendations) in advance of using any glue or liquid like product (such as brow tints) that you purchase from us.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
    • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
    • for fraud or fraudulent misrepresentation;
    • for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
    • for breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
    • and for defective products under the Consumer Protection Act 1987.

We are not liable for business losses. We supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. REVIEWS
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant YOEMKIN LIMITED and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to YOEMKIN LIMITED, including the execution of deeds and documents, at the request of YOEMKIN LIMITED.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to the Website:

The content and material is accurate;

Use of the content and material you supply does not breach any applicable guidelines of the Website and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify YOEMKIN LIMITED for all claims brought by a third party against the Website arising out of or in connection with a breach of any of these warranties.

 

  1. Website Addons
To make your user experience as rich and smooth as possible, we may at times have add-on features. This includes but is not limited to add-ons that help provide discount coupons, referral discounts, google analytics, etc.
We do not accept any liability arising from your interaction with these add-ons and any disputes should be addressed directly to the functionality providers.


    1. MULTIBUY OFFERS

    This offer applies only to qualifying items that are offered as a package including but not limited to buy 1 get 1 free, buy 1 get 10% off the second item, buy certain items together for a % discount. 

    Where any goods are returned (except for an exchange where products are faulty or defective), we reserve the right to request the return of all goods delivered as part of that Multibuy offer at your cost or charge you for the goods retained by you at the full price of the goods quoted on the Website.

     

    1. SEVERANCE

    If any term or condition contained in these Terms is held to be invalid, void or otherwise unenforceable by a final judgment of any court under the jurisdiction of England and Wales, the invalid provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of the Terms.

     

    1. WAIVER

    No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision contained within these Terms.

     

    1. ENTIRE AGREEMENT

    These Terms form the entire basis of any agreement reached between you and us.

     

    1. LAW AND JURISDICTION

    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 courts of England and Wales.