Our Terms & Conditions contain important information about your rights and obligations. These terms and conditions apply to your use of our website at fishsoho.com (‘Website’) and the sale of products to you from this Website.
1.1 fishsoho.com is a site owned and operated by KMI Brands Ltd (“Fish”, “Our”, “We”, or “Us”). We are registered in England and Wales under company number 4276412 and have our registered office is KMI Brands, Harlequin House, First Floor, 7 High Street, Teddington, TW11 8EE.
1.2 Our head office for the purpose of contacting us is – Fish, First Floor, Harlequin House, Teddington TW11 8EE.
1.3 By using our Website, you indicate that you accept these Terms and Conditions which may be modified and posted on our Website from time to time. If you do not wish to be bound by these Terms and Conditions then you may not use our Website.
1.4 Our Website is a place for you to select and order hairsyling products (the “Products”) for your personal use. Our Website describes the Products in more detail.
2. Buying Products from our Website
2.1 You must be over 18 years old, legally capable of entering into binding contracts and the holder of a valid debit / credit card / PayPal to purchase our Products. We reserve the right to obtain validation of your credit, debit card or PayPal details before providing you with any Products.
2.2 To order any Products, you may wish to register an account with us. Fish does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
2.3 You can order Products by following the ordering procedures set out on our order and checkout pages. You must pay by credit or debit card at the time of order.
2.4 All Product prices listed on our Website are inclusive of VAT at the current rates and are exclusive of delivery charges.
2.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a shipping confirmation.
2.6 Fish is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have given us on placing your order. The order will then be dispatched to you within 5 working days.
2.7 You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us on our website will be correct.
3. Cancellation and Refunds Policy
3.1 You may cancel your contract with us for the Products (excluding any custom-made Products) you order at any time up to the end of the seventh working day from the date you receive the ordered Products. This is known as the cooling off period. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 We reserve the right to cancel the contract between us if we have insufficient stock to deliver the Products you have ordered, we do not deliver to your area or one or more of the Products was listed at an incorrect price due to a typographical error or any other error in the pricing information. If we do cancel your contract we will notify you by e-mail and re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
3.3 To cancel your contract you must notify us by email or post. Please see contact address details at clause 12.
3.4 When you return a Product to us because you have cancelled the contract within the cooling-off period, any sum debited to us from your payment card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Products in question are returned by you and received by us in the condition they were in when delivered to you.
3.5 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
3.6 When you return a Product to us for any other reason, we will examine the returned Product and will notify you of either a replacement or refund via e-mail within a reasonable period of time.
3.7 We will usually process replacement products and refunds due to you as soon as possible and, in any case, within 30 days of our decision notified to you by email.
4. Other Policies
5. Applicability of Online Materials
5.1 Unless otherwise specified all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
5.2 You warrant and undertake that you will not use our Website for any illegal or prohibited purpose including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material.
5.3 You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
5.4 We have used our best endeavours to ensure that our Website complies with UK law. However, we make no representations that the materials on our Website are appropriate or available for use in locations outside of the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable law. If use of our Website or Products offered through our Website is contrary to or infringes any applicable law in your jurisdiction, you are not authorised to view or use our Website and you must exit immediately.
5.5 Fish makes no representation and gives no warranties, express or implied, that making the Products available in any particular jurisdiction outside of the UK is permitted under any non-UK laws or regulations.
6. Links to and from other websites
6.1 Where our site contains links to other sites and resources provided by third parties (including but not limited to our stockists), these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. Availability and Modifications of our Website
7.1 We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
7.2 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Website or the contents or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale
8.1 Please note that although we try to ensure that the content of our Website is accurate, our Website may contain typographical errors and other inaccuracies.
8.2 Where content published on our Website is supplied by third parties (including but not limited to our stockists), you understand that we do not control or endorse such content in any way. We do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on- or off-line) and the use of such content, except for content which relates directly to Products you purchase.
9. Our Intellectual Property Rights
9.1 The contents of our Website and our Products are protected by International Copyright Laws and other Intellectual Property Rights. The owner of these rights is Fish, its affiliates or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our Website for the sole purpose of placing an order with us or using our Website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent except where expressly invited to do so, for example in order to complete any competition or questionnaire.
10.1 We promise that for any Products you purchase from our Website:
10.1.1 we have the right to sell the Products to you;
10.1.2 the Products will correspond to the description we have given to you;
10.1.3 the Products will be of satisfactory quality;
10.1.4 the Products will be fit for the purpose notified to you by Fish.
10.2 Subject to this, however, Products are not sold as being for any particular application or for use under specific conditions, unless expressly agreed in writing.
10.3 We exclude all other express or implied terms and conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our Website or any information or service provided through our Website.
10.4 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct of indirect) in each case, however caused, even if foreseeable.
10.5 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Products concerned. This does not apply to any liability we have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation.
10.6 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
10.8 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
11.1 We may assign, transfer, novate or sub-contract any or all of our rights and obligations under these Terms and Conditions at any time.
11.2 We may alter these Terms and Conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the Terms and Conditions on our Website regularly.
11.4 We retain the right to deny Website access to any person who fails to comply with these Terms and Conditions
11.5 If any part of these Terms and Conditions is unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
11.6 Except for our affiliates, employees or representatives, a person who is not a party to this contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11.7 These Terms and Conditions and your use of our Website are governed by English Law and you submit to the non-exclusive of the English Courts.
12.1 All notices shall be given
12.1.1 to us via email at firstname.lastname@example.org or by post at: - Fish First Floor, Harlequin House, Teddington, TW 11 8EE
12.1.2 to you at either the email or postal address you provide during any ordering process. Notice will be deemed received when an email is received in full (or else from the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.
13. Promotions and Competitions Policy
13.1. Promotional codes entitle you, at the time of ordering, to a saving on a new order placed with fishsoho.com.
13.2. Promotion codes are only valid for orders placed online.
13.3. Fish reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
13.4. Promotion codes are only valid for a limited period of time. The expiry date will be publicised with the relevant promotion code.
13.5. Only one promotion code can be used per customer and per order.
13.6. Promotion codes are not valid in conjunction with any other promotion, including Free Gift offers and Free samples. Offer is not valid on sale items, sets or other discounted items.
13.7. When a gift with purchase offer is active, this applies to one gift per customer. Fish reserves the right to cancel orders where multiple ordering by one customer has taken place.
13.8. In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied, less any shipping costs charged on the original order.
13.9. In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, less any shipping costs charged on the original order, will be returned to the customer. The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return - you should place a new order using the original promotional code.
13.10. In the event of any returns meaning that the order no longer qualifies for the promotion advertised, Fish reserves the right to deduct the value of the offer from the refund.
13.11. Fish reserves the right to change these Terms and Conditions at any time
13.12. Fish reserves the right to terminate the validity of any promotional code at any time.
14. Personal information
14.1 Personal information is any information that may be used to identify you, such as your name, phone number, email address, postal address or credit/debit card details.
14.2 You can browse our website without giving us any personal information. You may, however, choose to make use of services on our website which require some personal information, for example, when placing an order or asking us to stay in contact with you via email.
14.3 We may also use personal information you have shared with us to suggest products and services you may be interested in, and to contact you regarding orders you have placed.
14.4 Personal data sent to and from our servers is secured using the same encryption as banks (2048 bit). We have an SSL Certificate provided by Amazon Certificate Authority, which verifies that when you submit your data, it is received by us and cannot be accessed by a third party without our express permission. We also store personal data is in an encrypted state using the industry standard algorithm (AES-256 bit).
14.5 We work with selected partners with whom we must share personal data to fulfil orders. These include credit and debit card payment providers and related services, our fulfilment warehouse and fraud protection.
14.6 The information that we collect from you may be securely transferred to and securely stored outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or one of our partners. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details or customer support.
14.7 We reserve the right to share personal information with the police and regulatory authorities as required should we be requested to assist in the investigation of suspected illegal activity.
14.8 HMRC state that order records must be held on file for 6 years from the end of the last company financial year they relate to. However if you would like us to withdraw your details from our marketing database, please do contact us at email@example.com or call +44 (0)20 8614 4700 to opt out of receiving marketing materials.