B2B Terms and Conditions
TERMS AND
CONDITIONS FOR TRADE ACCOUNT CUSTOMERS
BACKGROUND: This agreement applies as between you, the User of this Website or Purchaser and Hair and Beauty Corp Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a
contractual offer capable of acceptance.
The Purchaser’s order constitutes a contractual offer and our acceptance
of that offer is deemed to occur upon our sending a dispatch email to the
Purchaser indicating that the order has been fulfilled and has been dispatched.
1.
Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
2.
Business Customers
These Terms and Conditions
apply to business customers only. Non business customers go here:
http://www.hairaisersshop.com/Terms.asp .
3.
International Customers
If Goods are being ordered from outside
Hair and Beauty Corp Limited
’s country of residence, import duties and taxes may be incurred
once the Goods reach their destination.
Hair and Beauty Corp Limited
is not responsible for these charges and we undertake to make
no calculations or estimates in this regard.
If a Purchaser buying internationally, they are advised to contact their
local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the
importer of record and as such should ensure that the purchase is in full
compliance with the laws of the country into which the Goods are being
imported. Please be aware that Goods may
be inspected on arrival at port for customs purposes and
Hair and Beauty Corp Limited
gives no guarantee that the packaging of the Goods will be free
of signs of tampering.
4.
Intellectual Property
4.1
Subject to the exceptions in Clause 5 of these
Terms and Conditions, all Content included on the Website, unless uploaded by
Users, including, but not limited to, text, graphics, logos, icons, images,
sound clips, video clips, data compilations, page layout, underlying code and
software is the property of
Hair and Beauty Corp Limited
, our affiliates or other relevant third parties. By continuing to use the Website you
acknowledge that such material is protected by applicable
4.2
Subject to Clause 6 you may not reproduce, copy,
distribute, store or in any other fashion re-use material from the Website
unless otherwise indicated on the Website or unless given express written
permission to do so by
Hair and Beauty Corp Limited
.
5.
Third Party Intellectual
Property
5.1
Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to, Copyright and
Trademarks, in product images and descriptions belong to the manufacturers or
distributors of such products as may be applicable.
5.2
Subject to Clause 6 you may not reproduce, copy,
distribute, store or in any other fashion re-use such material unless otherwise
indicated on the Website or unless given express written permission to do so by
the relevant manufacturer or supplier.
6.
Fair Use of Intellectual Property
Material from the Website may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
7.
Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not
under the control of
Hair and Beauty Corp Limited
or that of our affiliates.
We assume no responsibility for the content of such websites and
disclaim liability for any and all forms of loss or damage arising out of the
use of them. The inclusion of a link to
another site on this Website does not imply any endorsement of the sites
themselves or of those in control of them.
8.
Links to this Website
Those wishing to place a link to this Website or other sites
may do so only to the home page of the site
without prior permission. Deep linking
(i.e. links to specific pages within the site) requires the express permission
of
Hair and Beauty Corp Limited
. To find out more please contact us by via our Contact us Page.
9.
Use of Communications Facilities
9.1
When using the enquiry form or any other System
on the Website you should do so in accordance with the following rules:
9.1.1
obscene
or vulgar language must not be used;
9.1.2
Content
that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content
that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3
Content
that is intended to promote or incite violence must not be submitted;
9.1.4
it
is advised that submissions are made using the English language as we may be
unable to respond to enquiries submitted in any other languages;
9.1.5
the
means by which Users identify themselves must not violate these Terms and
Conditions or any applicable laws;
9.1.6
Users
must not impersonate other people, particularly employees and representatives
of
Hair and Beauty Corp Limited
or our affiliates; and
9.1.7
our
System must not be used for unauthorised mass-communication such as “spam” or
“junk mail”.
9.2
You acknowledge that
Hair and Beauty Corp Limited
reserves the right to monitor any and all communications made
to us or using our System.
9.3
You acknowledge that
Hair and Beauty Corp Limited
may retain copies of any and all communications made to us or using our System.
9.4
You acknowledge that any information you send to
us through our System or post on the Social Media may be modified by us in any
way and you hereby waive your moral right to be identified as the author of
such information. Any restrictions you
may wish to place upon our use of such information must be communicated to us
in advance and we reserve the right to reject such terms and associated
information.
10.
Accounts
10.1
In order to purchase Goods on this Website and
to use the enquiry facilities Users are required to create an Account which
will contain certain personal details and Payment Information which may vary
based upon a User’s use of the Website as we may not require payment
information until a purchase is to be made.
By continuing to use this Website you
represent and warrant that:
10.1.1
all
information you submit is accurate and truthful;
10.1.2
if you
are buying on behalf of your employers, you have the authority to submit
Payment Information where any such authority is required; and
10.1.3
you will
keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
10.2
It is recommended that you do not share your
Account details, particularly your username and password.
Hair and Beauty Corp Limited
accepts no liability for any losses or damages incurred as a
result of your Account details being shared by you. If you use a shared computer, it is
recommended that you do not save your Account details in your internet browser.
10.3
If you have reason to believe that your Account
details have been obtained by another without consent, you should contact
Hair and Beauty Corp Limited
immediately to suspend your Account and cancel any unauthorised
purchases that may be pending. Please be
aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is
dispatched prior to your notifying us of the unauthorised nature of the
purchase,
Hair and Beauty Corp Limited
accepts no liability or responsibility and you should make
contact with the Carrier detailed in the Purchase Information.
10.4
When choosing a username Users are required to
adhere to the terms set out above in Clause 9.
Any failure to do so could result in the suspension and/or deletion of
your Account.
11.
Termination and Cancellation
11.1
Either
Hair and Beauty Corp Limited
or a User may terminate an Account. If
Hair and Beauty Corp Limited
terminates your Account, you will be notified by email and an
explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the
right to terminate without giving reasons.
11.2
If
Hair and Beauty Corp Limited
terminates an Account, any current or pending
purchases on your Account may be cancelled and may not be dispatched.
11.3
Hair and Beauty Corp Limited
reserves the right to cancel purchases
without stating reasons, for any reason prior to processing payment and
dispatch.
11.4
If purchases are cancelled for any reason prior to
dispatch Purchasers will be refunded any monies paid in relation to those
purchases.
11.5
If a User terminates their Account any
non-dispatched purchases will be cancelled and a full refund of any monies paid
in relation to those purchases will be paid through the payment method used
when the Goods were purchased.
12.
Payment 12.1 Any orders via this website are made at Point of Sale - no credit facilities are available, unless alternative arrangements have been agreed between the Purchaser and Hair and Beauty Corp Limited .
13.
Goods, Pricing and Availability
13.1
Whilst every effort has been made to ensure that
all graphical representations and descriptions of Goods available from
Hair and Beauty Corp Limited
correspond to the actual Goods,
Hair and Beauty Corp Limited
is not responsible for any variations from these descriptions. This does not exclude our liability for
mistakes due to negligence on our part and refers only to variations of the
correct Goods, not different Goods altogether.
Please refer to Clause 16.1 for incorrect Goods.
13.2
Where appropriate, you will be required to select
the required size. model. colour, or other features of the Goods
that you are purchasing.
13.3
Hair and Beauty Corp Limited
does not represent or warrant that such Goods will be available. Stock
indications are provided on the Website
however these may
not take into account sales that have taken place during your visit to the web
site
.
13.4
All pricing information on the Website is
correct at the time of going online.
Hair and Beauty Corp Limited
reserves the right to change prices and alter or remove any special offers from
time to time and as necessary. All
pricing information is reviewed and updated every daily.
13.5
In the event that prices are changed during the
period between an order being placed for Goods and
Hair and Beauty Corp Limited
processing that order and taking payment, you will be contacted prior to your
order being processed with details of the new price;
13.6
All prices on the Website include VAT.
Hair and Beauty Corp Limited
’s
VAT number is GB 331318633.
14.
Property,
Risk and Account of Profits
14.1
Title in Goods will not pass to the Purchaser
until the full purchase price for those Goods has been received by
Hair and Beauty Corp Limited
. Title remains with
Hair and Beauty Corp Limited
until payment is complete.
14.2
If the Purchaser sells the Goods on to its own
customers in any form, either as purchased from
Hair and Beauty Corp Limited
or forming a component part of a larger Good, and any amount of
the purchase price payable to
Hair and Beauty Corp Limited
remains outstanding, the Purchaser must account to
Hair and Beauty Corp Limited
for the proceeds of such a sale. The Purchaser is then required to hold such
proceeds on trust for
Hair and Beauty Corp Limited
until payment has been received in full by
Hair and Beauty Corp Limited
.
14.3 Hair and Beauty Corp Limited
reserves the right to trace all proceeds under the principles
of Hair and Beauty Corp Limited. Once the payment date has passed, if any sums
remain outstanding,
Hair and Beauty Corp Limited
has the right to enter the Purchaser’s premises and remove any
Goods which, by virtue of sub-Clause 14.1, remain the property of
Hair and Beauty Corp Limited
.
15.
Delivery
15.1
Hair and Beauty Corp Limited
will notify you by way of email when your goods are to be dispatched to
you. The message will contain details of
estimated delivery times in addition to any reasons for a delay in the delivery
of the Goods purchased by you.
15.2
If
Hair and Beauty Corp Limited
receives no communication from you, within 7 days of delivery, regarding any
problems with the Goods, you are deemed to have received the Goods in full
working order and with no problems.
16.
Returns Policy
Hair and Beauty Corp Limited
aims to always provide high quality Goods that are fault free
and undamaged. On occasion however,
goods may need to be returned. Returns
are governed by these Terms and Conditions.
16.1
If the Purchaser receives Goods which do not
match those ordered, unless accompanied by an explanatory note detailing the
changes, stating reasons for the changes and setting out your options, the
Purchaser should contact us within 10 working days to arrange collection and
return.
Hair and Beauty Corp Limited
is not responsible for paying shipment costs. The Purchaser will be given the option to
have the Goods replaced with those ordered (if available) or to be refunded
through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon
our receipt of the returned Goods.
16.2
If any Goods purchased have faults when they are
delivered, the Purchaser should contact
Hair and Beauty Corp Limited
within 7 working days to arrange collection and return.
Hair and Beauty Corp Limited
is not responsible for paying shipment costs. Goods must be returned in their original
condition with all packaging and documentation.
Upon receipt of the returned Goods, the price of the Goods, as paid,
will be refunded through the payment method used when the Goods were purchased.
16.3
If any Goods develop faults within their
warranty period, the Purchaser is entitled to a repair or replacement under the
terms of that warranty.
16.4
If Goods are damaged in transit and the damage
is apparent on delivery, the Purchaser should sign the delivery note to the
effect that the goods have been damaged.
In any event, such damage should be reported to
Hair and Beauty Corp Limited
within 10 working days and arrange collection and return.
Hair and Beauty Corp Limited
is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price
of the Goods, as paid, will be refunded through the payment method used when
the Goods were purchased.
16.5
If the Goods have been dispatched or have
reached you, but the Purchaser decides that they are no longer required, the
Goods cannot be returned to
Hair and Beauty Corp Limited
. At our discretion we may agree that the Purchaser may return
the good with a 20% restocking charge to cover the cost of labour and
administration. Goods can only be returned for this reason if their packaging
remains unopened and the Goods can be re-sold, as new, without any additional
work on the part of
Hair and Beauty Corp Limited. The Purchaser is responsible
for paying shipment costs if Goods are returned for this reason.
16.6
If the Purchaser wishes to return Goods to
Hair and Beauty Corp Limited
for any of the above reasons, please contact us using the
details on the
Contact us Page to make the appropriate arrangements.
16.7
Hair and Beauty Corp Limited
reserves the right to exercise discretion with respect to any returns under
these Terms and Conditions. Factors
which may be taken into account in the exercise of this discretion include, but
are not limited to:
16.7.1
Any
use or enjoyment that you may have already had out of the Goods;
16.7.2
Any
characteristics of the Goods which may cause them to deteriorate or expire
rapidly;
16.7.3
The
fact that the Goods consist of audio or video recordings or computer software
and that the packaging has been opened;
16.7.4
Any
discounts that may have formed part of the purchase price of the Goods to
reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of
the law.
17.
Privacy
17.1
Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on
the link above.
17.2
The Website places the following cookies onto
your computer or device.
17.3
If you wish to opt-out of our placing cookies
onto your computer or device, please see your web browser instructions for
blacking cookies. You may also wish to
delete cookies which have already been placed.
For instructions on how to do this, please consult your internet
browser’s help menu.
18.
Disclaimers
18.1
Hair and Beauty Corp Limited
makes no warranty or representation that the Website will meet
your requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will be secure
and that all information provided will be accurate. We make no guarantee of any
specific results from the use of our Services.
18.2
No part of this Website is intended to
constitute advice and the Content of this Website should not be relied upon
when making any decisions or taking any action of any kind.
18.3
No part of this Website is intended to
constitute a contractual offer capable of acceptance.
18.4
Whilst
Hair and Beauty Corp Limited
uses reasonable endeavours to ensure that the Website is secure and free of
errors, viruses and other malware, all Users are advised to take responsibility
for their own security, that of their personal details and their computers.
19.
Changes to the Service and these Terms and
Conditions
Hair and Beauty Corp Limited
reserves the right to change the Website, its Content or these
Terms and Conditions at any time. Users
and Purchasers will be bound by any changes to the Terms and Conditions from
the first time the Website is used by them following the changes. If
Hair and Beauty Corp Limited
is required to make any changes to Terms and Conditions
relating to sale of Goods by law, these changes will apply automatically to any
orders currently pending in addition to any orders placed by Purchasers in the
future.
20.
Availability of the Website
20.1
The Service is provided “as is” and on an “as
available” basis. We give no warranty
that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we
provide no warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.
20.2
Hair and Beauty Corp Limited
accepts no liability for any disruption or non-availability of
the Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and censorship.
21.
Limitation of Liability
21.1
To the maximum extent permitted by law,
Hair and Beauty Corp Limited
accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Website or any information
contained therein. Users should be aware that they use the Website and its
Content at their own risk.
21.2
Nothing in these Terms and Conditions excludes
or restricts
Hair and Beauty Corp Limited
’s liability for death or personal injury resulting from any
negligence or fraud on the part of
Hair and Beauty Corp Limited.
21.3
Nothing in these Terms and Conditions excludes
or restricts
Hair and Beauty Corp Limited
’s liability for any direct or indirect loss or damage arising
out of the incorrect delivery of Goods or out of reliance on incorrect
information included on the Website.
21.4
Whilst every effort has been made to ensure that
these Terms and Conditions adhere strictly with the relevant provisions of the
Unfair Contract Terms Act 1977, in the event that any of these terms are found
to be unlawful, invalid or otherwise unenforceable, that term is to be deemed
severed from these Terms and Conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
22.
No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
23.
Previous Terms and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
24.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights
upon any third party. The agreement
created by these Terms and Conditions is between you and
Hair and Beauty Corp Limited
.
25.
Notices
25.1
All notices / communications shall be given to
us either by post to our Premises (see address above) or via the
Contact us Page.
Such notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day and
on the next business day if the email is sent on a weekend or public holiday.
25.2
Hair and Beauty Corp Limited
may from time to time send you information about our products and/or
services. If you do not wish to receive
such information, please click on the unsubscribe link of the email.
26.
Law and Jurisdiction
These Terms and Conditions and the relationship between you
and
Hair and Beauty Corp Limited
shall be governed by and construed in accordance with the Law
of England and Wales and
Hair and Beauty Corp Limited
and you agree to submit to the exclusive jurisdiction of the
Courts of England and Wales.
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