INSIDE TRADING (BEAUTY) LIMITED TRADING AS EXPERT BEAUTY
TERMS AND CONDITIONS
"The Seller" means Inside Trading (Beauty) limited Trading as Expert Beauty.
"The Buyer" means the person, firm or company who places an order, or to whom any quotation is given, or with whom any contract is made.
“The Goods" means any products or any part thereof agreed to be sold or which appear on the current price list.
“The Price” means the standard price of the Seller at date of despatch and is subject to alteration as may be necessary or the amount stipulated in a quotation or on an invoice. Unless otherwise stated prices are exclusive of VAT and delivery costs. VAT will be charged at the rate in force at the Invoice Date.
“Contract” means the contract for the sale and purchase of the Goods;
"Terms" means the terms and conditions of sale set out in this document and any Special Condition agreed in writing by the Seller.
“Salon” means business premises where beauty and hair care services such as hair cutting and hair colouring are performed and which derive a substantial percentage of its revenue from the provision of such services.
2 BASIS OF SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Buyer’s order (if accepted by the Seller), subject to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such order is made or purported to be made by the Buyer.
2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.4 The Buyer shall advertise or sell the Goods only to genuine retail customers for their own personal or family use. The Buyer acknowledges that resale of Goods to anyone other than genuine retail customers for personal or family use amounts to diversion and that diversion seriously damages the reputation of the Goods and interferes with the business relationships between the Seller and the Buyer, between the Seller and other Salons, and between other distributors of the Goods and other buyers of the Goods. The Buyer agrees that in the case of diversion the Seller is entitled, in addition to the Seller’s other remedies, to an immediate injunction to prevent such diversion. The Buyer may not advertise or sell the Goods to any other Salon or any business or commercial organisation including any retail or wholesale outlet, pharmacy/chemist, convenience goods store or otherwise. The Buyer may not advertise or sell the Goods by auction, telephone, post, mail order catalogue, any media channel or outlet, fax, email or other electronic means of communication or on any third party website including but not limited to eBay and Amazon. The Buyer may not advertise or sell the Goods from any location other than the Salon and in particular may not advertise or sell the Goods from any location which is temporary in nature.
2.5 The Buyer will not remove, obliterate or tamper with any batch or tracking code, serial number or other codes applied to the Goods and the Buyer will not agree or conspire with others to do so.
2.6 The Seller is not the manufacturer of the Goods and, where applicable, shall pass on to the Buyer, to the extent possible, the benefit of the manufacturer's guarantee in respect of the Goods. Glass items are specifically excluded from such guarantees.
Registering as a customer, placing an order for goods, or accepting a delivery you confirm your agreement to these Terms. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Our products are designed and intended only for the use of the Salon Professional Hairdresser and Salon Professional Beauty Therapist and their genuine clients and are not intended for any other use or resale. Nothing in these terms shall affect the statutory rights of any consumer.
3.1 The Seller operates a ‘sell to trade' only policy. Goods are sold only on the understanding that they are to be used for the purpose intended by a qualified person. The Seller will accept no responsibility if the goods are incorrectly used and consequently cause any kind of harm or damage. The Seller reserves the right to refuse a customer if they are not considered to be a professional salon business.
4. WARNING AND ACKNOWLEDGEMENT
Goods supplied by The Seller are intended for professional use only. By ordering any such product you acknowledge this warning and confirm and warrant that you and any other person who may use the product have the necessary training and experience to use/store the product safely.
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. Unless otherwise agreed, the Seller may deliver by instalments and in such case each instalment shall be treated as a separate Contract.
6. CANCELLATION / ALTERATION OF ORDERS
Cancellation or alteration of an order cannot be accepted after the goods have been despatched. There may be a cancellation charge or restocking charge for some goods such as special orders, furniture etc. Such charges will be applied at the Seller’s discretion.
Goods are not supplied on a sale or return basis. In the event that Goods, supplied by the Seller, are proven to be faulty the Seller will exchange, substitute or refund the returned/rejected item as it deems appropriate. Returns of none faulty goods may be agreed by the Seller at its absolute discretion. For health and safety/hygiene reasons some items such as clippers, trimmers, razors, tweezers, disposable items, nail implements and scissors will not be accepted as returns if they have been used, unless they are deemed to be faulty. Faulty goods must be notified in writing to the Seller within 7 days of delivery. If no written notice is received by the Seller within 7 days of actual delivery, the Goods shall be deemed to have been accepted by the Buyer as being in good order and condition and in conformity with any sample or description and within the Contract. No claims will be accepted thereafter. If it should be agreed by the Seller in relation to any claim that the Buyer was entitled to reject the Goods then any damage recovered by the Buyer shall be limited to the purchase price under the Contract. The Seller reserves the right to deliver Goods in substitution for any Goods so rejected.
we make every effort to ensure that information and prices provided to the buyer are correct, but we reserve the right to change product specifications, prices, errors and omissions without prior notification. We take great care to ensure the accuracy of sizes, prices, images and specifications given. Whilst such details are given as a guide and in good faith, they are subject to alteration without notice. All offers are subject to stock availability and we reserve the right to restrict or refuse any order at any time.
the Seller retains title to the Goods until all amounts due from the Buyer are paid. Risk shall pass to the buyer with possession of the goods. Goods, in respect of which property has remained with The Seller, shall be kept identifiable as those of The Seller, and the buyer shall at its own expense immediately return such goods to The Seller. The Seller may, for the purpose of recovery or re-sale of any unused or unsold Goods enter upon any premises of the Buyer by its servants or agents where the Goods are stored or where they are reasonably thought to be stored and re-possess the Goods. Provided that this power shall be without prejudice to any other remedies of the Seller and shall only operate (a) if any amounts due under the Contract are unpaid in whole or in part, or (b) upon the commencement of any act or proceeding in which the Buyer's solvency is involved.
Payment for the Goods is due upon delivery or collection unless otherwise agreed in writing by the Seller. Where the Seller exercises his rights under 9. To recover and re-sell Goods, the Seller may recover and re-sell any Goods previously supplied by The Seller whether or not they are the Goods to which the overdue payment relates.
10.1 The Seller reserves the right interest at 8% above the Bank of England base rate on all amounts outstanding beyond the due date.
11. INTELLECTUAL PROPERTY
No licence is granted to you in these Terms to use any trade mark of Inside Trading (Beauty) limited Trading as Expert Beauty or its affiliated companies including, without limitation, the trade marks Expert Beauty , Slika, Extended Care, Matty, Julienne, Su-Do, Wax-it .
12. INTERNATIONAL USE
The Seller makes no promise that the goods are suitable or available for use in locations outside the United Kingdom.
you may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If you breach these Terms and the Seller ignores this, the Seller will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms .The Seller shall not be responsible for any breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. No variation or waiver of these Conditions or of the Contract shall be binding upon the Seller unless the same has been agreed in writing by a duly authorised officer of the Seller. The headings in these Terms are for convenience only and shall not affect their interpretation.
These Terms shall be governed by and construed in accordance with English law and the parties submit to the nonexclusive jurisdiction of the English Courts .These conditions supersede any other conditions issued. In the event, that any or any part of these Terms shall be determined invalid, unlawful, or unenforceable to any extent such term, condition, or provision shall be severed from the remaining Terms that shall continue to be valid and enforceable to the fullest extent permitted by law. A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
15. LIMITATIONS OF LIABILITY
Subject to the provisions of these Terms, the following provision set out the more entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of any breach of these Terms and any representation, statement or tortuous act or omission including negligence arising under or in connection with a Contract.
15.1 Nothing in these Terms excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
15.2 Subject to Condition 15.1 the Seller shall not be liable to the Buyer for any indirect or consequential, special or punitive loss, damage, costs or expenses, loss of profit, loss of business, loss of revenue or depletion of goodwill.
15.3 Subject to Condition 15.1, the Seller's total liability to the Buyer under or connected with a Contract for:
(a) any loss or damage which arises directly out of the Seller's negligence shall not exceed £100 for any one event or series of connected events and
(b) any other direct loss not covered by Condition 15.3 (a) shall not exceed the price payable for the Goods.