General contract for products

The General Contract for Products (this “Contract”) is effective as of February 24, 2023.

  • 1. Items purchased

    Seller agrees to sell, and Buyer agrees to buy products (the “Goods”) in accordance with the terms and conditions of this Contract.

  • 2. Title/risk of loss

    Title to and risk of loss of goods shall pass to the buyer upon delivery.

  • 3. Payment

    Payment shall be settled on the site before the Goods can be dispatched for delivery.

  • 4. Delivery

    Time is of the essence in the performance of this Contract. Seller will arrange for delivery by courier chosen by Seller. 

  • 5. Taxes

    Buyer agrees to pay all taxes that arise as a result of this sale.

  • 6. Warranties

    Gee Hair warrants that the Goods shall be free of substantive defects in material and workmanship.

    GEE HAIR SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF THE BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • 7. Inspection

    The Buyer upon receiving possession of the Goods shall have a reasonable opportunity to inspect the Goods (7 days from delivery) to determine if the Goods conform to the requirements of this Contract.

    If the Buyer, in good faith, determines that all or a portion of the Goods are non-conforming, the Buyer may return the Goods to the Seller at the Seller’s expense. (Subject to approval.)

    The Buyer must provide written notice to the Seller of the reason for rejecting the Goods.

    The Seller will have 14 days from the return of the Goods to ready such defects under the terms of this Contract.

  • 8. Default

    The occurrence of any of the following shall constitute a material default under this Contract:

    A. The failure to make available or deliver the Goods in the time and manner of the selected delivery.

  • 9. Force Majeure

    If performance of this Contract or any obligation under this Contract is prevented, restricted or interfered with by causes beyond Gee Hair’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.

    The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots or wars.

    The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.

    An act of omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents or affiliates.

  • 10. Arbitration

    Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the UK (England and Wales) Arbitration Association.

    The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter.

    The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

    All documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.

    The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgement may be entered in conformity with the decision in any court having jurisdiction.

    The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law.

    During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

  • 11. Confidentiality

    Gee Hair agrees to treat all such information as confidential and to take all reasonable precautions against disclosure of such information to unauthorised third parties during and after the term of this Contract.

    Upon request by the buyer, all confidential information will be discarded. 

  • 12. Notices

    Any notice or communication required or permitted under this Agreement shall be sufficiently given by email or by certified mail, return receipt requested, to the address listed or to such other address as one party may have furnished to the other in writing.

    The notice shall be deemed received when emailed or if the letter is delivered or signed for, or on the third day after mailing if not signed for.

  • 13. Entire contract

    This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contact supersedes any prior written or oral agreements between the parties.

  • 14. Severability

    If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

    If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 

  • 15. Waiver or contractual right

    The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

  • 16. Applicable law

    This Contract shall be governed by the law of England and Wales.

  • Any questions?

    If you have questions about the General Contract For Products, please contact Customer Service.