Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you if you are a consumer and order products from us via our website or by telephone.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 How to place an order. You can place an order via our website or by calling +44 (0)20 7491 2613.
2. Information about us and how to contact us
2.1 Who we are. We are Mason Pearson Bros. Limited trading as Mason Pearson. We are a company registered in England and Wales with company registration number 01090477. Our registered office is at 7 Easter Park, Ferry Lane South, Rainham, Essex, RM13 9BP and our trading address is 37 Old Bond Street, London, W1S 4AB. Our registered VAT number is 245056964.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0)20 7491 2613 or by emailing us at email@example.com or by writing to us at 37 Old Bond Street, London, W1S 4AB.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Where we email you to acknowledge receipt of your order, such acknowledgement shall not constitute acceptance of your order. Our acceptance of your order will take place when we despatch your order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and we will not charge you for the product. Where payment for the product has already been taken, we will refund such payment. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is once you have submitted your order to us. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
5.1 If you wish to make a change to the product you have ordered prior to the despatch of your order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see condition 8 – Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements which will not affect your use of the product.
7. Providing the products
7.1 Delivery costs. The costs of delivery and any delivery options will be as displayed to you on our website during the order process or, for telephone orders, as advised to you before you place your order.
7.2 When we will provide the products. We will deliver them to you as soon as reasonably possible and in accordance with the delivery options selected by you during the order process, and in any event within 30 days after the day on which we accept your order, unless we agree a later delivery date with you.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and condition 10.2 will apply.
7.6 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.
7.7 When you own the products. You own a product once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, a valid postal address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and condition 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see condition 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see condition 8.2;
(c) If you have just changed your mind about the product, see condition 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see condition 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided in addition to any other right you may have. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You must pay the costs of return. This does not affect your legal rights in relation to faulty or misdescribed products (see condition 11.2).
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products that are custom-made;
(b) hairbrushes, once they have been used, due to reasons of health and hygiene; and
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.5 How long do I have to change my mind? Where you have bought products online, you have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see condition 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind in accordance with condition 8.3, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
8.7 Our warranty. We provide a 12-month warranty from date of purchase in relation to our hairbrushes. This warranty is in addition to and does not affect your statutory rights. It does not cover normal wear and tear or accidental damage to the hairbrush. In order to benefit from this warranty, you must have followed the care and cleaning instructions provided with our products.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on +44 (0)20 7491 2613 or email us at firstname.lastname@example.org. Please provide your name, home address, order number, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in their original packaging. Please call customer services on +44 (0)20 7491 2613 or email us at email@example.com for instructions regarding how to return products.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We will inspect any returned products and may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop, or if you have used them. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way or have used them, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, provided the product has not been used, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in condition 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
10.3 Repair service. We offer a repair service for products that are no longer within their warranty period. Please contact us for further details.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on +44 (0)20 7491 2613 or email us at firstname.lastname@example.org or write to us at 37 Old Bond Street, London, W1S 4AB.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are not faulty or misdescribed and which are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us. We will pay the costs of postage or collection. Please call customer services on +44 (0)20 7491 2613 or email us at email@example.com for instructions regarding how to return products.
11.4 We are aware that some companies personalise our hairbrushes by painting names and other designs on the hairbrushes. We are not affiliated with these companies, have no control over them and are not responsible for their work. Painting or otherwise decorating the hairbrush will void any warranty we may provide.
11.5 Where you purchased products via a third party retailer, please contact the retailer in relation to returns and/or other complaints.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or as informed to you by our customer services team if you placed your order by telephone. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see condition 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we have displayed the incorrect price. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment by PayPal or by most major credit or debit cards. You must pay for the products before we despatch them.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is incorrect. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 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 your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987
13.2 We are not liable for business losses. We only supply the products 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 financial loss whatsoever, whether direct or indirect and including loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our warranty at condition 8.7 to a person who has acquired the product. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant product, and to abide by the terms of condition 8.7.
15.3 Nobody else has any rights under this contract (except someone you pass your warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in condition 15.2 in respect of our warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.