Terms & Conditions

 

Welcome to www.the-salon.com . By accessing or using our Site, you agree to the following Terms and Conditions. Please ensure you read them carefully ahead of making any purchases or registering for an account. To create an account, you must provide accurate and complete information as prompted by the registration form. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.

 

These Terms and Conditions cover:

· Your legal rights and responsibilities

· Our legal rights and responsibilities: and

· Certain information required by law.

Who we are;

‘we’, ‘us’ or ‘our’ means Vivonne LTD trading as SALON on www.the-salon.com .

Registered address 27 Old Gloucester Street, Holborn, London WC1N 3AX

 

We operate as a disclosed sales agent of the Suppliers listed on the Site.

 

‘Supplier’ means each of the individual providers of products, brands or supplies listed on the Site.

 

‘you’ or ‘your’ means the persons using the Site to purchase the goods or products from Suppliers.

 

Accessibility

If you would like theseTerms and Conditionsin another format, please contact us on clientservices@the-salon.com .

1. General Information

1.1 These Terms and conditions apply to all products sold via www.the-salon.com ‘ Site’. We are an online agent for interior décor items.

1.2 Any amendment, modification or variation of these Terms and Conditions shall be effected in accordance with clause 1.3 .

1.3 By using this Site, you confirm that you are 18 years old or have the legal capacity to form a binding contract in your jurisdiction.

1.4 We reserve the right to update or modify these Terms and Conditions at any time by posting the amended terms on the Site. Your continued use of the Site following such modifications constitutes your acceptance of the amended terms. While we may notify registered users of material changes via email, it is your responsibility to regularly review theseTerms and Conditionsfor any updates or modifications. [GJ1] [GJ2]

1.5 No order shall be deemed accepted by the Supplier until we (acting as agent of the Supplier), send you an email acknowledgement of the order ‘Contract’. The Contract will only relate to those good and/or services contained within the acknowledgement of order and its terms shall consist of the email confirmation of your order, any additional terms contained on the relevant product page, the specific terms of each Supplier which may be linked on the product page and these Terms and Conditions.

1.6 You acknowledge that at no time do we have legal title to or physical possession of any items offered for sale by Suppliers through the Site.

1.7 We may refuse to process a transaction or unwind or suspend a transaction after processing has begun for any reason and at any time at our sole discretion without liability to you or any third party.

1.8 No one other than a party to these Terms and Conditions has any right to enforce any part of these terms.

2. Use of the Site

2.1 When you purchase products using the Site, you are purchasing them from the Suppliers named on the Site. The Contract for the purchase of the products is between you and the relevant Supplier, with Salon acting solely as the Supplier's authorised agent to facilitate the transaction. Salon is authorised by the relevant Supplier to conclude the Contract on their behalf but is not a party to that Contract and bears no liability for the products or their delivery. [GJ3]

2.2 By completing the check-out process and placing an order by clicking the "Place Order" button on the checkout page, you are requesting to purchase the products from the relevant Supplier (and not directly from us). Your order for the products is subject to the Contract and these Terms and Conditions which are incorporated into the contract between you and the relevant Supplier. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price which is determined by the relevant Supplier.

2.3 The Site allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).

2.4 We make no promise that the Site is appropriate or available for use in locations outside of the UK or the US. If you choose to access the Site from locations outside the UK or the US, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

2.5 We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at clientservices@the-salon.com .

2.6 You agree not to, or permit or authorise any third party to:

2.6.1 use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms and Conditions including but not limited to committing any act of fraud ;

2.6.2 use the Site in any manner that disrupts the operation of our Site or business or the Site or business of any other entity ;

2.6.3 use the Site to promote any unlawful activity, simulate communications from us or another service or entity to collect identity information, authentication credentials, or other information ('phishing' );

2.6.4 represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing ;

2.6.5 attempt to circumvent password or user authentication methods ;

2.6.6 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); or

2.6.7 attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

2.7 We will use reasonable efforts to delete accounts which are being used in an inappropriate manner or in breach of these terms and identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach these Terms and Conditions. We can act when we are notified, but we cannot be responsible if you have failed to provide us with adequate information which, in our reasonable opinion, is required to enable us to identify the relevant account(s) or content concerned. If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately.

 

2.8 We may modify, suspend or terminate access or operation of the Site at any time as we see fit.

2.9 Any Content is provided for your general information purposes only and to inform you about us, certain products and news, features, services and other Sites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.

2.10 While we try to make sure that the Site is available for your use, we do not promise that the Site will always be available or that your use of the Site will be uninterrupted. We shall not be liable if the Site is unavailable for any period of time.

2.11 The Site may contain hyperlinks or references to third party advertising and Sites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or Sites and accept no legal responsibility for any content, material or information contained in them or any loss or damage that may arise from your use of them. The display of any hyperlink and reference to any third-party advertising or Site does not mean that we endorse that third party's Site, products or services. Your use of a third-party Site may be governed by the Terms and Conditions of that third-party Site and is at your own risk.

3. Products and Descriptions

3.1 While Salon makes reasonable efforts to ensure product descriptions are accurate, as we act as agent for the Suppliers, all product descriptions are provided by and are the responsibility of the relevant Supplier. Salon does not warrant or guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the Site are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. [GJ4]

3.2 Small variances may occur (for example, in colour between batches of material used, or in different finishes to a product) when products are displayed on our site, and we accept no responsibility for such matters.

3.3 Bespoke products are made to measure, the measurements are given by the Supplier and may have a margin of error tolerance [GJ5] . Please take special care when measuring up your space for the larger products to ensure they will fit into your space.

3.4 Suppliers will give general indication of the suitability of the products for applications such as “suitable for curtains” or “suitable for upholstery” etc. These suitability indications should be considered as a guide only. It is your responsibility to make sure the products you order are fit for purpose. This should entail discussing with your maker / manufacturer as such. You can request and pay for samples via the Site to be sent to your maker if required.

3.5 When purchasing fabrics via our Site please be aware that most fabrics will need to be treated with fire retardant by a specialist company (if it does not come pre-treated) before it is used for upholstery. It does not need treatment if it is being used for cushions, throws, or window treatments in residential homes in the UK.

3.6 It is highly recommended that you discuss with your Supplier the quantity of product that you will need to order. You will need to pass to them the details of the product you wish to order including width repeat and composition so they can calculate the quantity you should order. Neither Salon nor Suppliers are liable for any inaccuracies in the amounts purchased.

3.7 If you are in any doubt about the item, you wish to purchase we recommend you contact us at clientservices@the-salon.com .

3.8 The products sold are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. Salon does not have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.9 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms & Conditions will affect these legal rights.

4. Pricing and Payments

4.1 All payment must be made through the Site using our payment processing provider, Shopify. By making payment through the Site you agree to be subject to Shopify’s terms and conditions of use . Shopify do not accept cash or cheques.

4.2 All prices listed on the Site in £ Sterling and include all applicable taxes as stated.

4.3 Payment must be made in full at the time of purchase using approved Shopify payment methods, including PayPal, Meta Pay, Amazon Pay, Apple Pay.

4.4 In accepting or otherwise facilitating your payments related to the purchase of goods and/or services from the Suppliers via Shopify, we act in the capacity as commercial agent of the Supplier. [GJ6] In respect of all payment methods, the Supplier acknowledges and agrees that the valid payment by you via Shopify will satisfy your obligation to pay the Supplier for the relevant item(s) and consequently, any debt obligations owed by you to the Supplier for the purchase of such items shall be extinguished at that time. The Supplier further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid via the Site.

4.5 [GJ7] As the agent of Suppliers we are not in control of their pricing which we may be instructed to update from time to time. As such, we reserve the right to change prices at any time without notice.

4.6 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps as per your banks authorisation requirements.

4.7 If your payment is not received by us and/or is declined when charged in accordance with clause 4.4, you acknowledge and agree that we may cancel your order without notice.

5. Shipping and Delivery

5.1 Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the "Delivery & Returns Information" page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).

5.2 Delivery times are estimates and not guarantees. We are not responsible for delays caused by carriers or unforeseen circumstances.

5.3 All products shall be delivered to you by the Supplier or their agents and in accordance with the estimated time for delivery as specified on the relevant product listing page.

5.4 Shipping costs are calculated at checkout and may vary depending on your location and order size.

5.5 International orders may be subject to customs duties and taxes, which are the your responsibility.

6. Cancellation, Returns and Refunds

6.1 Returns are subject to each individual Supplier's return policy and applicable law. Items must be unused, in original condition and packaging. While Salon may assist in facilitating returns as the Supplier's agent, all decisions regarding returns, refunds, and acceptance of returned items are made solely by the relevant Supplier. Salon bears no responsibility for the outcome of return requests. [GJ8] [GJ9]

6.2 Notwithstanding the terms of the Contract, it is important for consumers to be aware that the right to cancel contracts formed at a distance (e.g., online purchases) does not apply to all types of goods sold by Suppliers. In compliance with UK consumer law, specifically regulations concerning contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised (bespoke items), consumers do not have the statutory right to cancel the purchase contract once the order has been placed.

6.3 For clarity, bespoke products include, but are not limited to, items that have been custom-made or tailored to the consumer’s personal specifications, preferences, or measurements. Once an order for such bespoke items has been accepted and the manufacturing or customisation process has commenced, Suppliers cannot accept cancellations, given the personalised nature of these goods.

6.4 This provision does not affect the consumer’s statutory rights in relation to bespoke products that are faulty or not as described. Consumers are advised to inspect their bespoke items upon delivery and report any defects or discrepancies to the Supplier within a reasonable timeframe to facilitate the appropriate remedy, be it repair, replacement, or refund as applicable under applicable law.

7. Data Protection and Privacy

7.1 The protection of your personal data is of utmost importance to us. We are committed to safeguarding the privacy and security of your information. When you engage with our Site, we collect, use, and are responsible for certain personal information about you, as outlined in our Privacy Policy.

7.2 We comply with all applicable data protection laws in handling any personal information. Our Privacy Policy elaborates on how we collect data, the types of personal information we collect, how we use it, under what circumstances we may disclose it to others, and your rights in relation to your personal data.

7.3 By agreeing to these Terms and Conditions, you also acknowledge and agree to the terms outlined in our Privacy Policy, which is incorporated by reference into these Terms and Conditions. Please review our Privacy Policy carefully to understand our practices regarding your personal information and how we will treat it.

7.4 For more detailed information on our data practices and the choices you have regarding how your information is used, please visit our Privacy Policy page. If you have any questions or concerns about our use of your personal information, please contact us at clientservices@the-salon.com .

7.5 Your continued use of this site constitutes your acceptance of our Privacy Policy and your consent to the practices it describes.

7.6 Where you order goods or services through the Site, we may disclose your customer information related to that transaction to the relevant Supplier.

8. Intellectual Property

8.1 ‘Salon’ is a trade mark registered in the United Kingdom with and is therefore protected. No rights are granted to reproduce our marks without out our express, prior written permission. All other rights are reserved.

8.2 All content on this Site including, Name, Text, Images, Logos and Designs are the property of www.the-salon.com trading as Salon. Unauthorised use, reproduction or distribution of any content is strictly prohibited. Use by you of any trademarks on the Site or in the Content is strictly prohibited unless you have prior written permission from the registered owner.

8.3 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

8.4 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors. You shall not copy, extract or otherwise use any Content for commercial purposes without obtaining a licence from the legal owner to do so.

9. Limitation of Liability

9.1 Except for any legal responsibility that we cannot exclude by law, Salon bears no liability whatsoever for any harm resulting from your use of the Site or the products. As we act solely as agent for the Suppliers, Salon expressly disclaims all liability, whether direct, indirect, incidental, consequential, or otherwise, arising from the purchase or use of any products supplied by the Suppliers, including but not limited to product defects, delivery issues, product performance, or any other claims. All such matters are the sole responsibility of the relevant Supplier. [GJ10] [GJ11]

9.2 We shall not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, sales, business, or data, or for any other indirect or consequential loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The total liability of Salon to you in connection with these Terms and Conditions, the use of the Site, or any products purchased via the Site shall in no circumstances exceed a sum of £10.

9.3 These limitations do not affect any liability that cannot legally be excluded or limited under applicable law, including but not limited to liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

9.4 The Site is provided on an “as is” and “as available” basis and all express, implied and statutory warranties are disclaimed by us to the fullest extent legally possible in relation to both the Site and all goods and services made available through it. This does not affect your statutory rights against the relevant Supplier.

9.5 We accept no liability for injury or damage caused by the improper use of any products.

10. No Partnership or Agency

You acknowledge that these terms, the Contract and/or any transaction made by you through our Site, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Supplier.

11. Force Majeure

Our, or the Supplier’s compliance with obligations under these Terms and Conditions might be affected by events beyond our or the Supplier’s reasonable control. If so, performance of such obligations will be postponed until such time as those circumstances cease to exist. Neither we nor the Supplier are liable to you if we fail to comply with these Terms and Conditions because of circumstances beyond our reasonable control. If such circumstances continue for an extended period, we may terminate any orders you have placed with us.

12. Severability

12.1 If any provision of these Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this agreement shall not be affected.

12.2 If any provision of these Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.

13. Governing Law

13.1 These Terms and Conditions are governed by the laws of England and Wales as are any Contracts for the purchase of goods made or services through our Site.

13.2 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible.

13.3 If a dispute cannot be resolved in accordance with our complaint handling policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR).

13.4 Any disputes in relation to these Terms and Conditions or such contracts as described in clause above, will be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact information

If you have any questions or concerns, please contact us clientservices@the-salon.com .

By continuing to use our site, you confirm your agreement to these Terms and Conditions.