Terms of service
HAIR BEAUTY NETWORK LTD
GENERAL TERMS AND CONDITIONS OF SALE (T&C’s)
UNDERSTANDING THESE T&C’s
When certain words and phrases are used in these T&C’s, they have specific meanings (these are
known as 'defined terms'). You can identify these defined terms because they start with capital
letters (even if they are not at the start of a sentence). Where a defined term is used, it has the
meaning given to it in the section of the T&C’s where it was defined (you can find these meanings by
looking at the sentence where the defined term is included in brackets and speech marks).
Where we refer to "you" or "your" we mean you, the person ordering the Products (also referred to
as the Customer in these T&C’s). We have used headings to help you understand these T&C’s and to
easily locate information.
GENERAL
These T&C’s set out the terms that will govern the sale and distribution of products (the Products)
by HAIR BEAUTY NETWORK LTD (H&B). Please read these T&C’s carefully as they apply to all
customers (the Customers) purchasing any Products sold, marketed or distributed by H&B.
Accordingly, placing an order implies the full and unreserved acceptance and adherence by you to
these T&C’s to the exclusion of all other documents such as catalogues or flyers issued by H&B, the
content of which is only indicative. The photographs illustrating the products in the commercial
documentation do not constitute a contractual document and are meant for illustration purposes
only. No special conditions or any stipulation to the contrary, except with the express prior written
consent of H&B, prevail over these T&C’s. The fact that H&B has not at any time enforced any
stipulation of these T&C’s shall not be construed as a waiver of H&B's right to enforce any of these
T&C’s in the future.
ORDER
Orders placed through our website
(a) By placing an order for Products through our website, you are confirming that you intend to
enter into a contract with us for the purchase of those Products. You place the order for your
Products on the website by clicking the ‘Confirm Order’ button at the end of the checkout
process. During the checkout process, you will be asked to complete your payment details. All
fields indicated as compulsory must be completed (which includes providing us with a valid
phone number, email address and a physical address). We will then send you an email
confirming receipt, the details of your Order Form and the delivery costs which will be added to
the purchase price (if applicable).
(b) Orders shall become final upon receipt of the full payment from you (the Payment) specified in
the quotation, and/or the order form from H&B (the Order Form). Upon receiving the Payment,
H&B will issue a full tax invoice (the Invoice) in respect of the Order Form. For the purposes of
clarity, if H&B receives a purchase order from any Customer, such order shall not be considered
confirmed unless the Payment has been processed in accordance with these T&C’s.
(c) If we cannot supply you with the Products you ordered for whatever reason, we will not process
your order and will inform you of this. If you have already paid for the Products, we will provide
you with a full refund as soon as reasonably possible.
Orders placed through our outlets
(d) Orders placed by our Customers through our outlets, shall become final upon receipt of the
Payment (specified in the Order Form), whether by way of (i) cash payment at the outlet; (ii)
using a Visa or MasterCard credit or debit card; or (iii) by way of a bank transfer to H&B’s
nominated bank account – details of which the Customer shall be informed of upon request.
Upon receiving the Payment, H&B will issue an Invoice in respect of the Order Form. For the
purposes of clarity, if H&B receives a purchase order from any Customer, such order shall not be
considered confirmed unless the Payment has been processed in accordance with these T&C’s.
Orders placed through telephone communication
(e) For orders placed through one of our representatives assisting the Customer via telephone, the
order shall become final upon receipt of the Payment (specified in the Order Form), whether by
way of (i) a Visa or MasterCard credit or debit card; or (ii) a bank transfer to H&B’s nominated
bank account – details of which the Customer shall be informed of upon request. Upon receiving
the Payment, H&B will issue an Invoice in respect of the Order Form. For the purposes of clarity,
if H&B receives a purchase order from any Customer, such order shall not be considered
confirmed unless the Payment has been processed in accordance with these T&C’s.
General terms applicable for orders
(f) H&B accepts payments at out outlets, online through our website or through telephone
communication, using a valid credit or debit card (either MasterCard or Visa) in UAE Dirhams (or
any other agreed currency). Any personal information that you provide to us will be managed by
us in accordance with our Privacy Policy. Where you use a credit or debit card to pay for your
order, you confirm that the credit/debit card that is being used is yours or that you have been
specifically authorised by the owner of the credit/debit card to use it. All credit/debit card
holders are subject to validation checks and authorization by the card issuer. If the issuer of your
payment card refuses to authorise payment to us, we will not be liable for any delay or non-
delivery.
(g) If a Customer’s credit card or debit card payment is declined, H&B reserves the right to cancel
the order or require an alternative payment method before proceeding with delivery.
(h) All orders placed with H&M are final and non-cancellable upon receipt of Payment. You
acknowledge that once Payment is received, H&B immediately processes the order, and as such,
cancellation requests will not be accepted under any circumstances. If payment is made by
credit or debit card, the transaction is deemed final, and no reversals or refunds will be issued.
Customers are encouraged to review their order carefully before making any payments.
(i) The Customer is responsible for verifying the accuracy of the Invoice upon receipt. Any
discrepancies or disputes regarding the Invoice must be communicated to H&B in writing within
seven (7) days from the date of the Invoice. Failure to raise any objections within this period
shall be deemed acceptance of the Invoice by the Customer.
(j) In the event of any dispute regarding the Invoice, the Customer is obligated to pay the
undisputed portion of the Invoice by the respective due date while any pending dispute is
resolved. Any dispute shall not entitle the Customer to withhold payment of any other amounts
due to H&B.
(k) H&B reserves the right to decline orders without liability to you where we believe payments are
not authorized, the payment method is not valid or where we do not think you are authorized to
use to utilize the relevant tender type.
(l) For all orders, H&B reserves the right to request additional documents, including but not limited
to trade license, VAT certificate, and photo identification, to verify the identity of the Customer
and ensure compliance with applicable regulations. H&B further reserves the right to suspend or
terminate the processing of any orders if the required documents are not provided or if there
are concerns about the authenticity or validity of the information provided.
(m) H&B reserves the right to make modifications to the products at any time, as it deems necessary
or useful, without any obligation to modify products previously delivered or on order. H&B may
also modify the models described in its prospectuses, catalogues, or other marketing materials
without prior notice, provided that such modifications do not materially affect the quality or
functionality of the products.
(n) If H&B ceases to work with a brand, it shall not be responsible for any after-sales service related
to that brand’s products. The Customer acknowledges that changes may occur in product
availability.
PRICES
(a) The price of the Products shall be the price set out in the Order Form.
(b) Prices for Products are based on H&B’s current pricing list or specific pricing agreements (which
may include certain discounts) reached with the Customer, excluding any applicable taxes. Bulk
orders or long-term distribution agreements may qualify for discounted pricing, rebates, or
promotional offers, as may be agreed in writing between H&B and the Customer.
(c) For the purposes of clarity, for export deliveries (meaning deliveries outside of the United Arab
Emirates), any customs duties, taxes, or other fees imposed by the authorities of the importing
country or any country of transit shall be the sole responsibility of Customer.
DELIVERIES
(a) For Products delivered within the United Arab Emirates, H&B will arrange for door-to-door
delivery from its warehouse to the Customer’s designated delivery location (the Delivery Point).
H&B will not be liable for a refund or replacement in the event that the address you specified is
incorrect. Delivery within the United Arab Emirates shall be free of charge for orders exceeding
AED 1,000 (One Hundred Thousand Dirhams). For orders below AED 1,000 (One Hundred
Thousand Dirhams), delivery charges of AED 30 (Thirty Dirhams) will be applicable, which shall
be charged to the Customer and reflected in the Invoice. Notwithstanding the door-to-door
delivery arrangement offered by H&B, the risk of loss or damage to the Products shall transfer to
the Customer immediately upon the Products being loaded onto the delivery vehicle. The
Customer must inspect the quantity and quality of the Products upon arrival of the delivery in
each case. In the event of any damage or discrepancies, the Customer is required to document
the findings and confirm their reservations in writing (specifying the details of the damage) to
H&B within forty-eight (48) hours of receipt of the Products, failing which the Product is deemed
accepted without any damage or discrepancy.
(b) For Products delivered outside the United Arab Emirates, but within the GCC (Kingdom of Saudi
Arabia, Kingdom of Bahrain, State of Kuwait, State of Qatar and Sultanate of Oman – the
Relevant Countries), H&B will (at your sole cost, expense and risk) arrange for transportation
through a relevant carrier on a door-to-door basis to the Customer’s Delivery Point (in this case
being outside the United Arab Emirates). Delivery to the Relevant Countries shall be free of
charge for orders exceeding AED 2,000 (Two Thousand Dirhams) or equivalent. For orders below
AED 2,000 (Two Thousand Dirhams), delivery charges of AED 120 (One Hundred and Twenty
Dirhams) will be applicable, which shall be charged to the Customer and reflected in the Invoice.
All delivery costs and risks associated with transporting the Products (including the cost of
insurance covering the full cost of the Product) to the Delivery Point shall be charged to the
Customer and reflected in the Invoice. The Customer must arrange for any necessary export
clearance and bears all risks of loss or damage from the moment the Products depart from
H&B’s warehouse. The Customer must inspect the quantity and quality of the Products upon
arrival of the delivery in each case. In the event of any damage or discrepancies, the Customer is
required to document the findings and confirm their reservations in writing (specifying the
details of the damage) to the relevant carrier within forty-eight (48) hours of receipt of the
Products, or within such time frame as may be specified by the relevant carrier. Furthermore,
the Customer must pursue any legal claims against carriers for loss or damage incurred during
transit.
TIME LIMITS
(a) H&B will process accepted orders based on product availability. H&B reserves the right to
process and deliver orders in whole or in part. H&B will make reasonable efforts to meet the
delivery dates and times requested by the Customer for all regularly accepted orders.
(b) However, all delivery dates and times provided by H&B are estimates and are not guaranteed.
Accordingly, any delay in delivery shall not entitle the Customer to claim damages, withhold
payments, or cancel orders that are in progress.
(c) In any event, delivery of the Products within the specified time frame is contingent upon the
Customer fulfilling all of its obligations towards H&B, including but not limited to timely payment
and provision of necessary information or approvals (as may be required).
FORCE MAJEURE
(a) H&B shall not be held liable for any non-performance, misuse of the Products, or improper
performance of the contract of sale resulting from actions or omissions of the Customer, the
acts of third parties, or circumstances of force majeure.
For the purposes of this clause, force majeure shall include, but not be limited to, events such as
accidents, natural disasters, epidemics and pandemics, shortages of manpower or raw materials,
strikes, wars, or other political events that are beyond H&B's reasonable control. In the event of
a force majeure occurrence, H&B shall be entitled to suspend or terminate its obligations under
the contract, extend production or delivery timelines, and no compensation shall be owed to the
Customer.
(b) H&B shall notify the Customer promptly of any occurrence of force majeure and its potential
impact on the production or delivery of the Products.
RETURNS
(a) Any return of Products must be subject to a formal agreement with H&B. In cases where a
return has been approved by H&B, the Customer shall be responsible for transporting the
Products back to H&B at their own expense. Products returned without prior written agreement
with H&B shall remain the property of the Customer and shall not give rise to any claims for
credit, refunds, or the establishment of an asset. The costs and risks associated with the return
shall be borne solely by the Customer, following qualitative and quantitative verification of the
returned products.
(b) Customers may request a return within five (5) days from the date the Products have been
delivered to the Customer (a General Return). No refunds shall be provided to the Customer,
however, H&B may issue a credit note in favour of the Customer, which shall be valid for a
period of one (1) year from the date of its issuance. While the policy for General Return has
been offered to make your experience easier, please note that H&B monitors the number or
returns made by a customer and may refuse to accept such requests for future orders or returns
at our discretion if products are returned repeatedly. H&B may also reject a General Return and
refuse to issue a credit note in favour of the Customer if, (i) the Products are not in its original
packaging with all the labels still attached, (ii) the Products are not in its original state or has any
items missing, (iii) the Product has already been used, or (iv) the Products were part of a
promotion such as a two for one deal. The policy for General Returns contained in this clause (b)
does not apply to defective or damaged products, which shall be returned pursuant to clause (c)
below.
(c) All Products which have been delivered to the Customers are carefully inspected and packaged
before delivery. In the unlikely event that the Products which are received by the Customer are
damaged or faulty on arrival, for reasons attributable to H&B and not the carrier, the Customer
is required to file a written compliant with H&B (accompanied by the Invoice and the relevant
delivery slip) within two (2) days of receiving the Products, and may be entitled to obtain free
replacement or reimbursement of the specific Products at the option of H&B, to the exclusion of
any compensation or damages. If reports are not made within the two (2) day period prescribed
above, then the Products shall be deemed to be accepted.
MANUFACTURING WARRANTIES
The Products ordered from H&B are not manufactured by H&B. The Customer acknowledges that
H&B is not related to the manufacturer of the Products and is not responsible for the acts of such
manufacturers. As such, the Products are being supplied by H&B to the Customer based on the
warranties received from various manufacturers (from time to time, as may be the case) and all such
warranties and benefits thereof shall be passed to the Customer without any liability or obligation
on H&B. The manufacturing warranty for the Products is one (1) year from the date of purchase, as
provided by the manufacturer. To the extent legally permissible, all warranties or confirmations
whether express or implied regarding quality are expressly excluded except to the extent specifically
mentioned in these T&C’s. H&B shall not be involved in the warranty claim process and the
Customer shall deal with the manufacturer directly. In this regard, H&B will provide information with
respect to the manufacturer to the Customer.
AFTER SALES SERVICE
(a) H&B offers after-sales service for Products that are no longer under warranty, at a service
processing fee of AED 90 (Ninety Dirhams) per piece. The Customer is responsible for all costs
associated with the after-sales service.
(b) The time required for the repair of the Products may vary depending on the nature of the issue
and the availability of parts. H&B will provide an estimated time frame for the repair, but it is not
guaranteed. In certain cases, the item may not be repairable, and H&B will inform the Customer
if such a situation arises.
(c) The Customer acknowledges that the after-sales service processing fee is non-refundable,
regardless of whether the item is repairable or not.
LIMITATION OF LIABILITY
(a) To the fullest extent permissible under applicable law, H&B disclaims any and all warranties of
any kind, whether express or implied, in relation to the Products. H&B will not be liable, in
contract, tort (including, without limitation, negligence), pre-contract or other representations
(other than fraudulent or negligent misrepresentations) or otherwise out of or in connection
with these T&C’s for:
(i) any economic losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings); or
(ii) any loss of goodwill or reputation; or
(iii) any special or indirect losses; or
(iv) suffered or incurred by that party arising out of or in connection with the provisions of any
matter under these T&C’s.
Nothing in these T&C’s shall exclude or limit our liability for death or personal injury resulting
from our negligence or that of our agents or employees, or breach of the terms implied by
section 12 of the Sale of Goods Act, 1979.
LEGAL GUARANTEES
(a) All Products sold by H&B come with a one (1) year compliance guarantee against manufacturing
defects. This warranty begins on the date of the delivery of the Products to the Customer. As
described above, the warranty being provided is the warranty that is passed on from the
manufacturer and as such H&B has no liability in this regard (including in case the manufacturer
fails to honour its warranty obligations).
(b) This warranty will, at the discretion of H&B and based on the feedback received from the
manufacturer, either permit the Customer to be able to obtain a free replacement or repair of
any part of the Product, or the entire Product itself, which is deemed defective by H&B.
Replacement or repair will be provided by the manufacturer in each case, and H&B will liaise
with the manufacturer and the Customer in each case.
(c) Any warranty provided by the manufacturer or H&B, does not cover defects or deterioration
caused by:
(i) normal use or natural wear and tear;
(ii) accidental damage or external incidents, including improper installation, poor maintenance,
or abnormal use;
(iii) use of the Product by the Customer after notification to H&B that such Product is defective;
or
(iv) modifications to the Product, carried out by the Customer.
(d) For any such warranty claims to be processed, H&B requires the Customer to present the
original Invoice or guarantee certificate (if applicable to the Product).
DATA PROTECTION
(a) We are commited to protecting the personal information of our Customers in accordance with
the applicable data protection laws in Abu Dhabi Global Market. Any personal data collected
during the course of our business will be used solely for legitimate business purposes, including
order processing, customer service, and marketing communications, with the Customer’s
consent where required.
(b) We implement appropriate technical and organizational measures to ensure the security and
confidentiality of personal data. We do not share or disclose your personal data to third parties
without your explicit consent unless required by applicable law.
(c) You acknowledge that for the purposes of H&B’s administraton and management of its busness
and the performance of these T&C’s, H&B may use, store or otherwise process any Personal
Data (as defined under the ADGM Data Protection Regulations 2021) concerning you, which has
been provided to H&B under these T&C’s or otherwise acquired by H&B to process your order
and/or issue an Invoice. Such Personal Data will be processed by H&B, and may be shared, with
H&B’s associates, service providers (if any, in any country) and H&B’s subsidiaries and affiliated
entities, to the extent permitted by ADGM Data Protection Regulations 2021.
(d) H&B may also wish to use the Personal Data for its own legitimate marketing purposes. If you do
not want your Personal Data to be used for these marketing purposes, you may notify H&B of
this. By agreeing to these T&C’s, you freely consent to the processing and disclosure of your
Personal Data for marketing purposes and for H&B to be able to process your order.
GOVERNING LAW AND JURISDICTION
(a) These T&C’s, each Order Form and Invoice are governed by the laws of Abu Dhabi Global Market
(ADGM) and all disputes arising under or in connection with these T&C’s shall be subject to the
exclusive jurisdiction of the courts of the Abu Dhabi Global Market, United Arab Emirates.
(b) In the event H&B is required to take any legal action or proceeding to recover or enforce
payment, arising out of or in connection with these T&C’s, subject to applicable laws, the
Customer agrees to pay all attorney fees, court costs, and any other legal expenses incurred by
H&B.