Terms and Conditions

Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we sell any of the products (Products) listed on our website

Please read these terms carefully and make sure that you understand them before ordering any products from our site. By ordering products by Bouncy Blow Band® The customer agrees to these terms and other documents expressly referred to in them. The customer has an obligation to read all information provided before ticking the box stating “I have read and accept the Terms & Conditions of Sale” Failure to read and acknowledge any information before accepting the terms at the checkout and before applying the tape is not the companies responsibility.

Accepting these terms and conditions at the checkout holds the customer liable to read all of the information provided to you including hoe to use the product. Bouncy Blow Band® is not legally obliged to offer compensation where the user has accepted the terms and conditions which include all possible risks outlined in this document. Neglecting any information provided online or as a hardcopy is at the customer’s indiscretion. By accepting this document the customer accepts that sometimes products applied to the hair can sometime cause tangles and hair tangles can occur if the user has rushed application or if the hair is not wrapped carefully and sectioned neatly when wrapping.

CONSUMER RIGHTS

Bouncy Blow Band® is a UK registered trademark and complies with UK consumer law including the Consumer Contract Regulations (valid from 13 May 2021). Our Terms and Conditions do not affect your statutory rights. Consumer Contract Regulations give you the right to cancel an order and under consumer law, customers have a legal obligation to send back any goods that may already have been dispatched, up to 14 days from receipt. A refund or partial will be given when the items have been delivered back to Bouncy Blow Band®. The goods should be returned in the original, unworn condition to Bouncy Blow Band® within 14 days of receiving the goods. Please see our returns page and returns policy to view your options. Bouncy Blow Band products are for use during sleep and to be worn in the hair therefor we cannot accept returns after it has been used. If the user is not satisfied with their results, we can offer more help and tips in how to use but ultimately everyone’s hair quality and hair type is different and results will differ and we unfortunately  cannot offer refunds if the customer wants to return after using the hairband.

Please note our International service is not a tracked service for international orders. This service usually arrives within 7-14 working days (not including weekends). We can only process refunds for a lost parcel if your parcel has not arrived within 10 days after the timescale above. This is to allow for delays and for us to contact the appropriate shipping agent for a resolution.

We are not responsible for any additional postage costs that may occur internationally. We only charge what it costs to post out from the UK to the selected country.

All despatch and operation times are stated clearly on our delivery information page.

PRIVACY NOTICE

BACKGROUND:

Bouncy Blow Band® understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

1. Information About Us

Bouncy Blow Band® is a registered trademark as held on the United Kingdoms intellectual property register

Bouncy Blow Band® is a trading name and brand under the company SCM Brands Ltd, a Limited company registered in England under company number 13500497

Trading Address: Bouncy Blow Band®  67 Europa Business Park, Stockport, SK3 0XA Cheshire United Kingdom

2. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

3. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

4. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

11. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
12. The right to access the personal data we hold about you. Part 10 will tell you how to do this.
13. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
14. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we Please contact us using the details in Part 11 to find out more.
15. The right to restrict (i.e. prevent) the processing of your personal data.
16. The right to object to us using your personal data for a particular purpose or purposes.
17. The right to data portability. This means that, if you have provided personal data to us directly, we am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
18. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
19. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

5. What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

• Name;
• Address;
• Email address;
• Telephone number;
• Business name;
• Payment information:
• Any Information that is necessary and relevant to providing our service to you.

6. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

• Supplying our services to you. Your personal details are required in order for us to enter into a contract with you.
• Personalising and tailoring our services for you.
• Communicating with you. This may include responding to emails or calls from you.
• Supplying you with information regarding your service by email or post or telephone, that is relevant to you or your service.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email or by post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

7. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will, therefore, be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

• Your information will be stored securely throughout the term of your service.
• And for a reasonable amount of time, for the sole purpose of our own record keeping, after ending your service.

 

8. How and Where Do You Store or Transfer My Personal Data?

We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.

9. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to one important exception.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

10. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will aim to respond to your subject access request within and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

Cookies

This site uses cookies – Small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping baskets, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers

Social Media – We have social media channels in which our customers can engage with. All our social media posts allow the general public to make a comment. Their name is then visible on our social media channels and the information on their profile can be viewed by anyone clicking onto their social profile unless the individual has made their profile private. We are not responsible or have control over how these social media platforms use your data.

Google Analytics-Our website links to social media channels such as Facebook and Instagram. We use your data to sometimes send promotions via Facebook that are related to orders placed previously on our website. When an order has been placed on our website the customer has confirmed that their data is OK to be used in this way.

11. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Bouncy Blow Band by SCM Brands Ltd):

Please email help@bouncyblowband.com

12. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Updated 22nd May 2021

VAT

SCM Brands LTD is not yet VAT registered

Card Payments, Security and Privacy

We accept most major credit cards. We can assure you that all of your information is kept safe and secure, from your online shopping basket to the goods arriving at your front door. A secure SSL encryption protects all your details during the shopping process and we do not pass on or use them with any third parties, companies and marketing organisations. All the details required are needed for no other reason than to fully process your order.

For remote addresses and international orders, your telephone number may be forwarded on to our couriers, to ensure receipt of your goods.

We update our stock frequently and if an item is out of stock it will be displayed as such on the site. If there is a problem with availability we will contact you within 24 hours of the order being made, in which case you have a choice of waiting until it is in stock. In any case, orders are not processed unless we have the item in stock and you may be refunded if the item is no longer available. Sometimes an order may be on Pre Order and this will also be displayed on the website at the time of purchase.

Discount codes

All of our discount codes can not be used in conjunction with other codes and can not be used on sale items and items which have been reduced in price. If we are running price reductions, further discount codes can’t be applied. Your sign up offer will not expire and can be used in future after we have stopped running sales and price reductions.

DISCLAIMER:

Bouncy Blow Band® disclaims all representations and warranties, expressed or implied, as to the operation of the website and the information, services, products, and materials on this website, to the maximum extent permitted by applicable law. Under no circumstance will

Bouncy Blow Band® be liable for damages of any kind arising from the use of this website or any goods or services obtained on this website, including direct, indirect, consequential, incidental, special or punitive damages (even if Bouncy Blow Band® has been advised of the possibility of such damages), to the fullest extent permitted by law.

3b. The material sourced and used by Bouncy Blow Band® is man made fibre and vegan/ animal cruelty free. Our hair bands include clips and elastic hair ties therefor instructions and cautions need to be thoroughly followed like any other product you apply to your body.

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5. Bouncy Blow Band cannot be held responsible for any injury caused from hair tangles or subsequent damages. It is the customers responsibility to read all terms and conditions and watch all how to apply and remove videos and take care when wrapping the hair around the band to avoid knots. By purchasing the products the customer accepts all possible damages and injuries that may occur and has agreed fully to the terms and conditions stated.

All information contained on this web site, including information relating to products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Any links on this web site to web sites operated by third parties are provided for your convenience only. We are not responsible for the content and performances of these web sites or for your transactions with them and our inclusion of links to such web sites does not imply any endorsement of the material on such web sites.

The full terms and conditions apply to orders placed on the website. All safety disclaimers apply to our products sold on our own website and any of our stockists’ website and stores.

DAMAGES AND SHORTAGES

Problems must be notified to the retailer

Bouncy Blow Band® within 30 days of receipt of goods for a replacement or refund if eligible. In the event of damaged goods or shortages, customers have an obligation to follow the returns procedure.

Products must be returned to Bouncy Blow Band® and The Company will issue a replacement once all items have been inspected.

Bouncy Blow Band® will only refund the customers cost off returning an item if a shortage is found and a replacement is issued as the resolution.

If The Company does not hear from The Customer within 30 days of receipt of goods with any problems outlined below, The Company may not be able to offer a refund or replacement item and it will be assumed your items were correct with no damages present. It is The Customers discretion to review their items within 30 days of receiving their items and notify The Company if there are any issues for the opportunity for The Company to rectify and replace all items.

WHAT IS CONSIDERED UNDER DAMAGES AND SHORTAGES?

Snags to the material, visible marks, missing items, damage to the parcel upon delivery or if the wrong item has been sent in error. The company reserves the right to inspect all items before replacements can be issued. We will ask our customers to return the package to investigate the damages. A refund will be issued if damages are found.

 Shortages and damages do not apply where customers have opened the packaging and used the products. If the customer states the product is not for purpose if they are not happy with their results, this also does not fall under damages. Bouncy Blow Band products are for use during sleep and to be worn in the hair therefor we cannot accept returns after it has been used. If the user is not satisfied with their results, we can offer more help and tips in how to use but ultimately everyone’s hair quality and hair type is different and results will differ and we unfortunately cannot offer refunds if the customer wants to return after using the hairband.

Non-Returnable Items

Please note, we cannot accept returns or offer refunds on our hair products if the products have been used.

Due to hygiene reasons, if the product is used it is non-refundable once it has been used. We cannot offer a refund or accept returns on packages which have been opened, used or if items are missing. Non-returnable items are clearly stated under the Returns heading on each product page. Our returns policy is stated clearly before purchase.

6. Bouncy Blow Band® is a UK Trade Mark

Bouncy Blow Band® logo and wordmark is legally protected and all designs including the shape and design of Bouncy Blow Band® hair bands are owned by Samantha Ryder creator of Bouncy Blow Band®. If any attempt is made to infringe upon the design and shape of Bouncy Blow Band® legal action will be taken.

The fleece material sourced by

Bouncy Blow Band® is vegan and cruelty free. Contains no animal products

Bouncy Blow Band® sources the material from a certified approved manufacturer and does not own the material used for our trademarked design.

The Company SCM Brands Ltd trading as Bouncy Blow Band reserves the right to withhold services to a Customer at any time and refund items before despatch with prior notification of order cancellation.

By accepting all terms and conditions the customer accepts all information provided and all documents expressed within the terms.

We recommend to print a copy of these terms or save them to your computer or handheld device for future reference and for your information.

The terms and conditions expressed in this document extend to all verified stockists selling Bouncy Blow Band® products.

7. Intellectual Property Rights

Bouncy Blow Band® www.bouncyblowband.com contents, including but not limited to, works, Products, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on Bouncy Blow Band® www.bouncyblowband.com including menus, web pages, graphics, colours, schemes, tools, the website’s fonts and design, diagrams, layouts, methods, processes, functions and software which are part of Bouncy Blow Band® www.bouncyblowband.com, and are protected by copyright and by all other intellectual property rights of Bouncy Blow Band® www.bouncyblowband.com and the relevant rights holders. The reproduction, wholly or in part, and in any form whatsoever of Bouncy Blow Band® www.bouncyblowband.com and of its products and contents is forbidden without Bouncy Blow Band® www.bouncyblowband.com written consent.

Bouncy Blow Band® www.bouncyblowband.com  has the exclusive right to authorise or prohibit any reproduction, be it direct or indirect, temporary or permanent, or in any other manner or form, and in whole or in part, of Bouncy Blow Band® www.bouncyblowband.com and its contents. Anyone who is found to have purchased products from Bouncy Blow Band® www.bouncyblowband.com  with the intention of resale or to replicate our products and violate our copyright and design rights will be prosecuted. Invoices may be used to prove intent where applicable and any infringers proof of purchase of our protected products where resale and replication has occurred. As far as the use of Bouncy Blow Band® www.bouncyblowband.com  is concerned, you are only authorised to view the website and its contents. You are only authorised to carry out temporary acts of reproduction (other than for commercial or business purposes), which are transient or incidental and an integral and essential part of viewing Bouncy Blow Band® www.bouncyblowband.com  and its contents such as application video download links. You are also authorised to browse the website for the lawful use of Bouncy Blow Band® www.bouncyblowband.com  and its contents. You are not authorised to reproduce Bouncy Blow Band® www.bouncyblowband.com and its contents by any means or in any form, neither in whole nor in part. Any reproduction must be authorised each time by Bouncy Blow Band® www.bouncyblowband.com in writing or, if necessary, by the authors of the work posted on the website. Such reproductions must be carried out for lawful purposes in compliance with the copyright and other intellectual property rights of Bouncy Blow Band® www.bouncyblowband.com  and of the customers of the images posted on the website. The individual authors of products and images published on

Bouncy Blow Band® www.bouncyblowband.com are entitled at any time to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honour or reputation. You undertake to comply with the copyright of the customers who permit their images on Bouncy Blow Band® www.bouncyblowband.com or who have cooperated with

Bouncy Blow Band® www.bouncyblowband.com  in the creation of new forms of expression or new artistic forms which are intended for exclusive or non-exclusive publication on the website or that are an integral part of it. On no account are you authorised to use, in any manner or form whatsoever, the contents of the website or any single products protected by copyright or any other intellectual property right. By way of example, you may not alter or modify content or any protected work without Bouncy Blow Band® www.bouncyblowband.com consent and, where necessary, the consent of each person who appears in the images and or the rights owner.

8. Trademarks

Since 2020 Samantha Ryder of Bouncy Blow Band® www.bouncyblowband.com has been and continues to be the exclusive owner of the logos and registered trademarks Bouncy Blow Band® www.bouncyblowband.com and of any other sign which includes the word mark “Bouncy Blow Band” and the domain name “www.bouncyblowband.com”. Samantha Ryder of 

Bouncy Blow Band® www.bouncyblowband.com is the exclusive rights owner of all product designs and variations of the design as named

Bouncy Blow Band®  “Heatless Hair Curling Band” and others owned by Bouncy Blow Band® www.bouncyblowband.com or Samantha Ryder. Anyone found to be in violation of this copyright will be prosecuted. Common Law Copyright protection protects our designs internationally and or in countries we ship to and trade with worldwide. Anyone found to be replicating our products and design template for commercial or business gain will be contacted by our legal team with a cease and desist notice as a first contact basis. If ignored we will begin legal proceedings.

You are not authorised, without the consent of Bouncy Blow Band® www.bouncyblowband.com and of any other owner of the registered trademarks posted on the website, to use such trademarks or protected designs for distinguishing products or services. Most of the trademarks posted on the website and concerning the products for sale on Bouncy Blow Band® www.bouncyblowband.com are well known to the general public and to each user of Bouncy Blow Band® www.bouncyblowband.com. Any unlawful or unauthorised use of such trademarks is prohibited and entails serious legal consequences. Such trademarks and any other distinctive mark posted on

Bouncy Blow Band® www.bouncyblowband.com must in no way be used for obtaining an unfair advantage from their distinctive character or reputation or in such a way as to damage them and their owners.

 

 

9. WHOLESALE CUSTOMERS

When purchasing Bouncy Blow Band® products you are not given any permission to re sell any of our product range under any other brand name other than Bouncy Blow Band®.

When purchasing Bouncy Blow Band® products for the purpose of re sale Bouncy Blow Band® products must be re sold as they come. You cannot re package Bouncy Blow Band® products under any circumstance. When purchasing Bouncy Blow Band® products for the purpose of re sale all copyright remains in place and in the ownership of Samantha Ryder of SCM Brands Ltd trading as Bouncy Blow Band® 

You are bound to these terms when purchasing any Bouncy Blow Band® branded Products.