SKINTASTIC AESTHETIC: WEBSITE SALES TERMS
your attention is particularly drawn to the “Our Liability” section at clause 12.
1. About us
1.1 Company details. Skintastic Aesthetic Supplies Ltd (company number 11028743) (we and us) is a company registered in England and Wales and our registered office and main trading address is at 48 Lambourne Road, West End, Southampton, Hampshire, United Kingdom, SO18 3LS. Our VAT number is 368859917. We operate the website www.skintasticaesthetics.com (Website).
1.2 Contacting us. To contact us, please email firstname.lastname@example.org. How to give us formal notice of any matter under the Contract is set out in clause 15.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (the Contract). No other terms are implied or incorporated by law, trade, custom, practice or course of dealing.
2.2 Language. These Terms and the Contract are made only in the English language.
2.3 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Correcting input errors. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Quotations. Any quotations for the Goods given by us shall not constitute an offer. A quotation shall only be valid for a period of 30 working days from its date of issue.
3.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.5.
3.5 Accepting your order. Our acceptance of your order takes place when we send an email to you confirming dispatch of the Goods or when we fulfil the order in whole or in part, at which point the Contract between you and us will come into existence.
3.6 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4. Our goods
4.1 Any images, samples, drawings, descriptive matter or advertising of the Goods on our Website are for illustrative purposes only. They shall not form part of these Terms nor have any contractual force.
4.2 Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.3 The packaging of your Goods may vary from that shown in images on our Website.
4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5. Cancelling the contract
5.1 If you make a mistake during the ordering process or you change your mind about the order, we are happy to cancel the Contract and refund any monies taken provided that:
(a) you let us know as soon as possible by emailing email@example.com; and
(b) the Goods have not yet been dispatched to you.
5.2 Please note that we are unable to cancel the Contract or offer a refund once the Goods have been dispatched to you, unless the Goods are faulty in accordance with clause 11 below.
6. Delivery, transfer of risk and title
6.1 The delivery options available to you will be displayed during the ordering / checkout process (for example, next day delivery or standard delivery). Please note that any delivery estimates given are approximate and time for delivery is not of the essence.
6.2 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 (Events outside our control) for our responsibilities when this happens. We shall not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.3 We will pack, label and ship the Goods in such a manner as to prevent damage during transport and shall ensure that each delivery is accompanied by a delivery note. All packaging costs shall be included in the price, but delivery charges may be charged in addition (please see clause 8.4).
6.4 Delivery is complete once the Goods have been delivered to the address set out in your order or such other delivery location as the parties agree and the Goods will be at your risk from completion of the delivery. Legal title to the Goods shall not pass to you until we receive payment in full (in cash or cleared funds) for the Goods in respect of which payment has become due, in which case legal title to the Goods shall pass at the time of payment, free from all liens or encumbrances.
6.5 We will not be liable for any failure to deliver the Goods to the extent that any such failure was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.6 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate agreement. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
7. international delivery
7.1 The Goods are intended for use only in the UK. If you order the Goods for delivery outside the UK there may be additional delivery and/or customs charges applicable.
7.2 You are responsible for any additional charges which may be payable following dispatch of the Goods. If such charges are not paid within the specified timeframe required, the Goods will be returned to us
8. Price of goods and delivery charges
8.1 The prices of the Goods are as quoted on our Website at the time you submit your order. We will take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.
8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed at the time of the price change.
8.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
8.4 The price of the Goods may not include delivery charges which may be charged in addition. Our delivery charges are as advised to you during the check-out process before you confirm your order.
8.5 It is always possible that, despite our reasonable efforts, some of the Goods on our Website may be priced incorrectly. If we discover an error in the price of the Goods ordered by you, we will contact you to inform you of this error and will give you the option of continuing to purchase the Goods at the correct price or cancelling the order. We will not process the order until we have your instructions. If we are unable to contact you using the contact details provided during the order process, we will treat the order as cancelled and notify you. If we mistakenly accept and process an order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may cancel the order and refund any sums paid.
8.6 We may, by giving notice to you at any time up to 5 working days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by you to change the delivery date(s), quantities or types of Goods ordered; or
(c) any delay caused by any of your instructions or failure by you to give us adequate or accurate information or instructions.
9. How to pay
9.1 You can only pay for Goods using a debit card or credit card, or via PayPal. We accept all major debit cards and credit cards for payment of Goods made via our Website.
9.2 Payment for the Goods and any and all applicable delivery charges is in advance. We will charge your debit card or credit card at the point the order is placed for the Goods.
10. Manufacturer’s guarantee
Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
11. Our warranty for the goods
11.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
11.2 We provide a limited warranty to you that, on delivery, the Goods shall:
(a) subject to clause 4, conform with their description;
(b) be free from material defects in design, material and workmanship under normal and proper usage in accordance with any instructions for use; and
(c) be fit for any purpose held out by us.
11.3 Subject to clause 11.4, if:
(a) you give us notice in writing within 24 hours of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
11.4 We will not be liable for breach of the warranty set out in clause 11.2 if:
(a) you make any further use of the Goods after giving notice to us under clause 11.3;
(b) you alter or repair the Goods without our written consent;
(c) the defect arises as a result of fair wear and tear, accidental or wilful damage, negligence, misuse or abnormal storage or working conditions; or
(d) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.5 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.
11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
11.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. Our liability: your attention is particularly drawn to this clause
12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
12.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
12.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
12.4 Subject to clause 12.3, we will under no circumstances be liable to you for:
(a) any loss of profits, anticipated profit, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity, agreements or contracts;
(d) loss of anticipated savings;
(e) loss of goodwill or reputation; or
(f) any indirect or consequential loss.
12.5 Subject to clause 12.3 and 12.4, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the total price paid for the Goods.
12.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment; or
(c) any step, application, order, proceeding or appointment is taken or made by or in respect of you for a distress, execution, composition or arrangement with creditors, winding up, dissolution, administration, receivership (administrative or otherwise) or bankruptcy, or if you are unable to pay your debts or if any event occurs which, under the applicable law of any jurisdiction to which you are subject, has an effect similar to that of any of the events referred to in this clause 13.1(c).
13.2 Termination of the Contract, however caused, shall not affect your or our rights and remedies that have accrued as at termination.
13.3 If the Contract is terminated for cause by you, such termination shall be at no loss or cost to us.
13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). In such cases, we shall inform you in writing as soon as practicable. We shall not be liable to you for any costs, expenses, loss or damage you may incur as a result of such suspension or cancellation by us under this clause 14.
14.2 Our obligations under the Contract will be suspended and the time of performance of our obligations will be extended for the duration of Event Outside Our Control.
15. Communications between us
15.1 When we refer to “in writing” in these Terms, this includes email.
15.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
15.3 A notice or other communication is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.5 The provisions of this clause 15 shall not apply to the service of any proceedings or other documents in any legal action.
16. DATA PROTECTION
17.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on our webpage (www.skintasticaesthetic.com) if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17.2 Entire Agreement. The Contract is the entire agreement between us in relation to its subject matter.
17.3 Non reliance. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
17.4 Severance. If any provision of the Contract is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the Contract shall continue to be valid as to its other provisions and the remainder of the affected provision.
17.5 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
17.6 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
17.7 Third party rights. The Contract is between you and us. No provision of the Contract shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
17.8 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract (including non-contractual disputes and claims) to the exclusive jurisdiction of the English courts.