Terms and Conditions

GENERAL TERMS & CONDITIONS

This section (together with the documents referred to on it) tells you the Terms of Use on which you may make use of our website www.mantahair.com (our site). Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please do not use our site.

INFORMATION ABOUT US

www.mantahair.com is a site operated by Manta Hair Limited (we, us and our). We are registered in England and Wales under company number 9377968 and have our registered office Manta Hair Limited, 364 High Street, Harlington, Hayes UB3 5LF, UK. Our VAT number is 215561132.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend our site or any part of it including the goods and services we provide on our site without notice. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. When using our site, you must comply with the provisions of our acceptable use policy (see below).

ACCEPTABLE USE POLICY

You may use our site only for lawful purposes. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use, and that they comply with them. You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site.
Not to access without authority, interfere with, damage or disrupt:

o any part of our site

o any equipment or network on which our site is stored.

o any software used in the provision of our site.

o any equipment or network or software owned or used by any third party.

not to gain or 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.
not to attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this acceptable use policy, you could commit a criminal offence under the Computer Misuse Act 1990. Failure to comply with this acceptable use policy constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.
Issue of a warning to you.
Take legal proceedings against you for reimbursement of all costs on a pound for pound basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you. and/or
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

INTELLECTUAL PROPERTY RIGHTS

“Manta”, “Flexguard” are registered trademarks of or are licensed to Manta Hair Limited. Using our trade mark(s) is strictly prohibited. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.

Those works are protected by laws and treaties around the world. All such rights are reserved. You may not copy any images on our site. You may print off one copy of any page(s) from our site for your personal reference only. You must not modify the paper copies of any materials you have printed off in any way, and you must not use any illustrations, photographs or any graphics separately from any accompanying text. Our status as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without first obtaining a written licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy all copies of the materials you have made.

RELIANCE ON OUR SITE AND INFORMATION DISPLAYED

We aim to update our site regularly, and may change the content at any time, however, you should note that any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the goods and services (including prices) we provide on our site without notice. From time to time, we may restrict access to some parts of our site, or our entire site. If the need arises, we may suspend access to our site, or close it indefinitely.

Commentary and other materials displayed on our site are not intended to amount to advice on which reliance should be placed so you should not rely on the content of our site. Specific professional or specialist advice should be sought before doing anything on the basis of the commentary and other materials displayed on our site.

OUR LIABILITY

We are responsible for death and personal injury arising from our negligence. We are responsible for other damage caused to you by our fraud or fraudulent misrepresentation and we are responsible to you for any other liability that cannot be excluded or limited by English law. Different terms apply when you buy goods through our site, the applicable terms are set out here websale terms, as such, in relation to your use of our site, as far as the law allows us to, we exclude all conditions, warranties, representations or other terms which may apply to our site or any commentary or materials displayed on it.

For the reasons set out in these Terms of Use, we will not be responsible in any way (including for our negligence) arising under or in connection with your:

inability to use our site; or
use of or reliance on any commentary or materials displayed on our site.

Our site is for consumers so we are not responsible in any way (including negligence) for:

business losses;
loss of profits, sales, business, or revenue.
business interruption.
loss of anticipated savings.
loss of business opportunity, goodwill or reputation.
any indirect or consequential loss or damage.

Because, as set out below, it is your responsibility to protect your computer from viruses, we will not be responsible in any way for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it unless and to the extent we have been negligent. Because we have no control over the content of websites linked on our site, we are not responsible in any way (including negligence) for the content of websites linked on our site or any loss or damage that may arise from your use of them.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Different terms apply when you buy goods through our site, the applicable terms are set out here websale terms.

LINKING TO OUR SITE

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our acceptable use policy.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

GENERAL

Neither we nor you will be responsible if we are unable to perform our obligations due to events which are genuinely beyond your or our reasonable control (as applicable). You may not transfer any of your rights or obligations arising under these Terms of Use, without having our written consent beforehand. We may transfer our rights or obligations arising under these Terms of Use, at any time if we have a good reason to (for example if we sell our business).

If you or we fail to request performance of the other’s obligations under these Terms of Use or if you or we fail to exercise any of the rights under these Terms of Use, this will not constitute a waiver and will not relieve the other party from compliance with its obligations. A waiver will not be a waiver of any subsequent default. No waiver of any of these terms and conditions will be effective unless it is stated to be a waiver and is communicated to the other in writing. If any of the terms in these Terms of Use are determined by any competent authority to be inapplicable, such term, condition or provision will be deleted and the remaining terms will continue to be valid. We intend to rely upon these Terms of Use and any document expressly referred to in them in relation to their subject matter.

While we accept responsibility for statements and representations made by our staff, please make sure you ask for any variations from these Terms of Use to be confirmed in writing.
Third parties shall not have rights under these Terms of Use, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. These Terms of Use are governed by English law. Any dispute or claim arising out of or in connection with these Terms of Use is subject to the non-exclusive jurisdiction of the courts of England and Wales. In some circumstances the laws where you are resident may apply and the Courts where you are resident may have jurisdiction.

UPDATES

We revise our Terms of Use from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the Terms of Use in force at the time that you visit our site.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact [email protected] – please link to email

Thank you for visiting our site.

TERMS AND CONDITIONS OF SALE OF GOODS ONLINE AND BY TELEPHONE TO CONSUMERS

This section sets out the terms and conditions on which we supply any of the goods (Goods) listed on our website www.mantahair.com (our site) to you, online or over the telephone. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.

INFORMATION ABOUT US

1.1 We operate the website www.mantahai.com. We are Manta Hair Limited (we, us and our). We are registered in England and Wales under company number 9377968 and have our registered office Manta Hair Limited, 364 High Street, Harlington, Hayes UB3 5LF, UK. Our VAT number is 215561132

1.2 If you have any issues or complaints please email [email protected] or write to us at the above address. We endeavour to deal with all complaints in a timely and efficient manner.

YOUR STATUS

2.1 By placing an order through our site or over the telephone, you are confirming to us that:

(a) you are an individual consumer who is legally capable of entering into binding contracts;

(b) you are at least 18 years old;

(d) you are accessing our site from the UK or an International Delivery Destination.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 Your order constitutes an offer by you to us to buy the Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). The contract between you and us will only be formed when we send you the Dispatch Confirmation (Contract). Once we receive an order from you, the price of the Goods comprising that order will be valid for a period of 30 days. If we are unable to dispatch the Goods to you within 30 days of receipt of your order, or if the price of the Goods changes before the end of the period of 30 days from the date on which we receive your order, we will contact you to let you know the new price. You will then have the option to either cancel your order in accordance with clause 4 or inform us that you wish to continue with the purchase at the new price.

3.2 If, when we receive your order, we are unable to fulfil it (for reasons such as lack of stock), we will contact you to let you know and we will offer you a choice of a refund or a substitute item. If we are able to offer a substitute and you inform us that you are happy to proceed with your purchase of the substitute but you subsequently cancel the Contract under clause 4, we will meet the cost of returning the Goods by the same method by which it was delivered.

3.3 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We do not have to supply any other Goods which may have been part of your order unless and until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

3.4 We are under a legal duty to supply goods that are in conformity with the Contract. We aim to ensure that the product images on our site are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.

YOUR CANCELLATION RIGHTS

4.1 You have a legal right to cancel a Contract (subject to certain exceptions set out below and in clause 11.5) without giving any reason within 14 days of the day after you receive the Goods. This is the “Cancellation Period”.

4.2 You can cancel a Contract by sending us an email or by letting us know in any other way by post to Manta Hair Limited, 364 High Street, Harlington, Hayes UB3 5LF, UK; by email to [email protected]. You should keep evidence of having given notice of cancellation, such as an e-mail receipt or confirmation report.

4.3 You must return the Goods to us (at your own risk and cost if outside of the UK) within 14 days of emailing us [email protected] that you wish to cancel your purchase.

4.4 Goods must be returned unused, and in their original packaging. You must also take reasonable care of Goods before you return them to us (which includes keeping them away from direct sunlight and heat whilst in your possession). We will ordinarily refund the full purchase price of the Goods together with the standard delivery charge paid within 14 days of receiving the returned Goods or proof of postage. We may reduce the amount we refund to you if you use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.

AVAILABILITY AND DELIVERY

5.1 We aim to deliver the Goods within the timescales shown on our site and the delivery date set out in the Dispatch Confirmation. For UK, EU and ROW deliveries, we aim to ensure delivery is made no later than 30 days after the date of the Dispatch Confirmation. However, time is not of the essence for delivery or performance and all delivery or dispatch dates specified on our site and in any correspondence are estimates only. This means that we will not be responsible if Goods are delivered outside of those times and we will not be liable for the consequences of any delay caused by an event outside of our control, provided we contact you as soon as possible to let you know and we take reasonable steps to minimise the effect of the delay.

5.2 Ownership of the Goods and all risks (including risk of loss and/or damage to the Goods) will pass to you when they are delivered to the delivery address specified in your order.

FOR DELIVERIES OUTSIDE UK, US, EU

6.1 If you order Goods from our site for delivery to a country other than UK, US or outside the EU, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

6.3 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

PRICE AND PAYMENT

7.1 Payment for the goods is taken at the point of purchase.

7.2 The price of the Goods and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error and except as set out in clauses 6.2 and 7.5.

7.3 Goods prices are shown on our site inclusive of VAT. VAT may be charged depending on where the Goods are being delivered to.

7.5 Goods’ prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

7.6 Our site contains a large number of Goods and it is always possible that, despite our efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Goods correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If a Goods correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you to see what you want to do before dispatching the Goods, or reject your order and notify you of such rejection.

7.7 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

7.8 Payment for all Goods must be by credit card, debit card or via PayPal. We accept payment by major credit and debit cards.

7.9 Your card provider may charge you for using your card. Please check the terms and conditions with your card provider carefully and in advance of submitting your payment details.

OUR REPLACEMENT AND REFUNDS POLICY

8.1 You may return Goods to us in accordance with clause 4 or, where you consider that the Goods are defective or not in accordance with the quality promise we give at clause 9, this clause 8.

8.2 If you return the Goods to us because you consider that the Goods are defective or not in accordance with the quality promise we give at clause 9, we will examine the returned Goods and will act reasonably in deciding whether they are defective or not in accordance with the quality promise we give at clause 9.

8.3 If we agree that the Goods are defective or not in accordance with the quality promise we give at clause 9 and we can replace the Goods , we will notify you of this within a reasonable period of time following receipt of the returned Goods and we . You will then have the option to receive replacement Goods or a refund. We will usually replace the Goods as soon as possible and, in any case, within 30 days of the day we confirmed to you that we are able to replace the Goods.

8.4 If we agree that the Goods are defective or not in accordance with the quality promise we give at clause 9, and either we cannot replace the Goods or you opt for a refund, we will refund the price of the Goods and we will notify you of any refund due within a reasonable period of time and if a refund is due we will usually process the refund due to you as soon as possible and, in any case, within [30 days] of the day we confirmed to you that you were entitled to a refund.

8.5 Where you are entitled to a replacement under clause 8.3 we will not charge you for the costs of delivering the replacement Goods to you and we will deliver to the address where the original order was delivered to. Where you are entitled to a refund under clause 8.4, we will refund the price of Goods in full, any applicable delivery charges and any reasonable costs you incur in returning the Goods to us. We will refund any money received from you using the same method originally used by you to pay for your purchase.

8.6 You will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these terms and conditions. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

8.7 If you have any complaint about your online order, please contact [email protected].

OUR QUALITY PROMISE

9.1 Our Goods purchased from us through our site will:

(a) conform with their description given at the shopping bag page where you checkout;

(b) be of satisfactory quality;

(d) correspond with any samples we have sent you.

9.2 We cannot guarantee that the Goods will work as desired on all hair types.

OUR LIABILITY

10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Goods and, subject to clause 10.2, other losses that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure.

10.2 Subject to clause 10.3, we will not be liable for business losses.

10.3 Nothing in these terms and conditions excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) defective Goods under the Consumer Protection Act 1987; or

(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

TRANSFERRING THE CONTRACT

11.1 You may not transfer the Contract, or any of your rights or obligations arising under it, without having our written consent beforehand.

11.2 We may transfer the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract if we have a good reason to do so (for example if we sell our business) as long as such transfer does not disadvantage you or affect your rights under the Contract.

COMMUNICATION

12.1 All notices given by you to us must be given to Manta Hair Limited, 364 High Street, Harlington, Hayes UB3 5LF, UK. We may give notice to you at the postal address you provide to us when placing an order, or on our site, if appropriate, which you should check from time to time. Notice will be deemed received and properly served 24 hours after posted on our website or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post.

EVENTS OUTSIDE OF OUR CONTROL

13.1 we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our control (force majeure event).

13.2 Our performance of the Contract will be suspended while the Force Majeure Event continues, and we will have an extension of time to perform our obligations under the Contract for that period. If the Force Majeure Event continues for more than a month we or you may end the Contract by giving you 7 days’ notice in writing.

WAIVER

15.1 If you or we fail to request performance of the other’s obligations under the Contract or if you or we fail to exercise any of the rights under the Contract, this will not constitute a waiver and will not relieve the other party from compliance with its obligations. A waiver of a right under the Contract will not be a waiver of any subsequent default. A waiver of a right under the Contract will not be effective unless it is stated to be a waiver and is communicated to the other party in writing in accordance with clause 11 above.

SEPARATE CLAUSES

16.1 If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be inapplicable, such term, condition or provision will be deleted and the remaining terms, conditions and provisions will continue to be valid.

THE CONTRACT AND OUR STAFF

17.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our staff, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

17.1 We revise our terms and conditions from time to time to reflect changes to the way we do business, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. You will be subject to the terms and conditions in force at the time that you order Goods from us, unless we notify you of the change to these terms and conditions before we send you the Dispatch Confirmation (in which case we will assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods). We will update the version number of these terms and conditions when we have revised it.

LAW AND JURISDICTION

18.1 The Contract is governed by English law. Any dispute or claim arising out of or in connection with the Contract is subject to the non-exclusive jurisdiction of the courts of England and Wales. In some circumstances , the laws where you are resident may apply and the Courts where you are resident may have jurisdiction.