The websites at www.jbfstyler.com, www.jbfhair.co, www.jbfhair.in, www.justbeenfunkedhair.com (each individually a "JBF Site" and together "the JBF Sites") are owned and operated by JBF International.See our Customer Service area for our contact details.
These Terms and Conditions govern your use of the JBF Sites and your relationship with JBF ("JBF", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the JBF Sites. By using the JBF Sites you agree to be bound by these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights.
These Terms and Conditions were last changed on 28th September 2010.
1 Registration
1.1 When you shop with a JBF Site you will be registered with you on registration or at any time are correct and complete. You must inform us promptly of any changes to the information that you provided by updating your personal details in the account holders area.
1.2 When you register to use a JBF Site we will ask you for a password. You must keep this password confidential and must not let anyone else use it. You are responsible for all activities and orders that are submitted using your password. If you think anyone else has your password, please let us know so that we can cancel it.
1.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by emailing contact@justbeenfunkedhair.com. If you cancel, you must stop using the JBF Sites.
1.4 The suspension or cancellation of your registration and your right to use the JBF Sites shall not affect you or JBF's rights or liabilities.
2 Proprietary Rights
2.1 The content of the JBF Sites is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the JBF Sites 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 JBF Sites without written permission from us.
2.2 No licence is granted to you in these Terms and Conditions to use any trademark or service marks of JBF or its licensors including, without limitation, the trade marks, or service marks JBF, JBF hair, JBF G5, JBF Styler, JBF Mini me pro and JBF Mighty Mini.
3 Prices and VAT (Sales Tax or GST)
3.1 Depending upon your choice of currency, our prices are stated in Pounds Sterling (£), Euros (€) , AUD Dollars ($) or US Dollars ($) and include Sales Tax (VAT) at the rate of 17.5%. If your order qualifies with us for UK Tax Free Shopping the Sales Tax (VAT) will be automatically deducted during checkout and a service charge of $10.00 will be made.
3.2 Our GST Number: 11 129 827 2652.
3.3 We clearly show you the price you have to pay for our products. If, by mistake, we have under-priced a product, we will not have to deliver that product to you at the stated price, provided that we tell you before we post the product. You can then decide if you still want the product.
3.4 You can only purchase Gift Card at full value (including paying VAT or GST) and cannot pay for them using any other promotional offers or codes. Once you purchase a Gift Card we will send it by email to the recipient and you cannot cancel it.
3.5 If you have received a Gift Card, you cannot transfer it to anyone else and you cannot use it to purchase other Gift Cards. You can only use it to make purchases up to the value of the Gift Card (if your purchase is over the value of the Gift Card, you will need to pay the additional amount). You cannot use a Gift Card anywhere except online at a JBF Site. When you do use your Gift Card, you will be able to use the value in whole or part, and in conjunction with any promotional offers or codes applicable to the goods which you are buying.
3.6 When a Gift Card is used on a JBF Site we only check the Gift Card code and assume the recipient is using the Gift Card. Once you have received a Gift Card, please be careful with it to ensure it is not used to make any unauthorised purchases.
4 Acceptance of your order
4.1 Our products are sold for personal use only. There will be no contract of any kind between you and us unless we actually dispatch the products to you. Your order (including payment) is an offer to buy from us, so nothing we do or say will amount to any acceptance of that offer until we actually send the product to you. At any point up until then, we may decide not to send the products to you and to give you a full refund. If an item is out of stock, we will let you know and unless you then request your payment be returned we will hold your payment until the product is next in stock. At the moment the goods are dispatched (and not before), a contract will be made between you and us.
5 Delivery and charges
5.1 The cost of shipping and delivery is clearly displayed at 'checkout' for your approval prior to confirming your order. For detailed shipping and delivery information see our current Delivery Times & Charges.
5.2 Our delivery within the USA and Australia is usually 48-72 hours. Our delivery overseas is usually within 7-10 days. Reasonable allowance should be made for orders made over the weekend and at National Holidays. We do our best to deliver within 30 days of the date of your order but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
5.3 We are not responsible for Gift Cards not received due to your failure to provide us with accurate delivery information, such as an incorrect or non-existent email address.
6 Cancellation and return
6.1 You have the right to cancel your order for goods at any time up to 2 working days after the day following the delivery of the goods by contacting our Customer Services department by telephone, fax, email or post. If your order is the purchase of a Gift Card, you cannot cancel it because we will already have sent the Gift Card to the recipient by email. Your right to cancel is on the basis that we will be able to re-sell the goods to another customer as new when you return them to us; so please do not use or open any sealed packaging. If you have any questions about the goods or need help on deciding whether or not to keep them, please contact Customer Services for more information. A 30% re stocking fees applies to all goods returned to us .
6.2 If the products have already been posted to you (or on your behalf to any other person), you (or the other person) must return the products to us at the time of cancellation and we will credit your credit or debit card with the price of the products within 30 days beginning with the day on which notice of cancellation was given. If you paid by Gift Card, we will provide you with a new Gift Card.
6.3 If you do not return the goods within 7 days of your cancellation, we will make a charge in respect of the cost of recovering the goods. If you do not return the goods or fail to make them available for collection within 10 days of your notice of cancellation, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the web site.
7 Availability of JBF Sites
7.1 We try and offer you the best service we can. But we cannot promise that all our products and services will meet your requirements and we cannot guarantee that the JBF Sites will be fault free. If you find a fault, please let us know by contacting contact@Justbeenfunkedhair.com.
7.2 There will be some times when your access to the JBF Sites is restricted to allow for repairs, maintenance or improvements.
8 Liability of JBF Sites
8.1 The JBF Sites are provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet. If we are informed of any inaccuracies in the material on the JBF Sites we will try to correct them as soon as we can.
8.2 In particular we are not liable to you for the following:
8.2.1 Incompatibility of the JBF Sites with any of your computer or telecommunications equipment or software;
8.2.2 Technical problems or errors or interruptions of the JBF Sites;
8.2.3 Inadequacy of the JBF Sites to meet your requirements.
8.3 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 (included but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss or privacy or loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the JBF Sites.
8.4 Nothing in this paragraph 8 applies to liability in respect of products sold through the JBF Sites.
8.5 Nothing in these Terms and Conditions excludes liability for death or personal injury caused by our negligence or fraud.
9 Customer Reviews
9.1 We may use a third party to manage our customer reviews. This means that if you submit a review about the JBF Sites or a particular product sold through the JBF Sites you may become subject to the terms and conditions of a third party. If you are asked to agree to the terms and conditions of the third party before submitting a review, please read the terms and conditions carefully to make sure that you do agree to them.
9.2 By submitting a review or any other comment via the JBF Sites, you are granting us a perpetual, royalty-free, non-exclusive licence to reproduce, modify, make available, distribute and sublicense the material in whole or in part on the JBF Sites or elsewhere.
9.3 We reserve the right to refuse to post reviews on the JBF Sites or to remove reviews already posted on the JBF Sites.
10 Complaints
We aim to deal with any complaints in a fair, confidential, swift and effective way. They should be directed via the secure 'e-mail us' link found at the bottom of each page and include full contact details in addition to your e-mail address together with order number where appropriate.
11 Changes
We may update these Terms and Conditions from time to time and any changes will be notified to you via the email address provided by you on registration or via a suitable announcement on the JBF Sites. The changes will apply to the use of the JBF Sites after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the JBF Sites. If you continue to use the JBF Sites after the date on which the change comes into effect, your use of the JBF Sites indicates your agreement to be bound by the new Terms and Conditions.
12 Privacy
12.1 We will only use the information that we collect about you lawfully in accordance with the Data Protection Act.
12.2 We collect information about you for two reasons: firstly, to process your order and secondly to provide you with the best possible service. We may use the information provided by you in order to conduct appropriate anti fraud checks and it may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
12.3 We will not email you in future about our products and offers if you choose to opt-out (to opt-out, email us at contact@Justbeenfunkedhair.com). We will not pass your email address to other trusted traders unless you agree.
12.4 The type of information we will collect about you includes:
_ Your name
_ Address
_ Phone number
_ Email address
_ Credit/debit card details
12.5 We will never collect sensitive information about you without your explicit consent.
12.6 The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy.
12 .7 If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
13 General
13.1 we make no promise that materials on the JBF Sites are appropriate or available for use in locations outside the United Kingdom, and accessing the JBF Sites from territories where its contents are illegal or unlawful is prohibited. If you choose to access a JBF Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
13.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and any disputes will be decided only by the Australian courts. Any contracts between you and us are concluded in English.
13.3 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
13.4 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
13.5 If you breach these Terms and Conditions and we ignores this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
13.6 We shall not be liable for any breach of these Terms and Conditions beyond our reasonable control.
13.7 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
