Terms and
Conditions of Sale
All orders for goods
and services accepted and the contract for sale arising between Treasure House
of Makeup (herein referred to as the "Seller") and the Buyer shall be governed
by the following terms and conditions and the acceptance of contract by the
Buyer shall be deemed to be an acceptance of these conditions of sale. No other
terms and conditions except those implied by law shall be of any effect unless
the same are expressly agreed to in writing by both the Seller and the
Buyer.
1.
Prices
a. The price stated is
the price of the goods inclusive of VAT at the current rate. Price lists and
quotations are for guidance only and do not constitute an offer for
sale.
b. The retail price is inclusive of value added tax. Any
other imposition whatsoever which is applicable will be paid in addition by the
Buyer.
2.
Payment
a. Online purchases
made by Trade Account customers who have in place a Trade Account Facility will
be automatically invoiced. All invoices raised for goods purchased online will
be posted against the customers trade account. All invoices raised in any
particular month will become due payable on or before but no later than the
15th day of the following calendar month (e.g. all online purchases
made during January become due for payment on or before but no later than the
15th February).
b. Online purchases
made by Non Trade Account customers are classed as retail and are therefore
payment will be taken electronically at the time of purchase.
c. Payment
in full shall be due immediately upon the commencement of any act or proceeding
in which the Buyer solvency is involved.
3. Delivery
The seller will use
its best endeavours to comply with estimated despatch or delivery dates given
but in any event they shall not be of the essence of the contract. The time
of delivery is given in good faith but we cannot accept any liability for delay
or failure due to circumstances beyond our control. If owing to non-availability
of the goods or for any other reason the Seller shall be unable to effect
delivery hereunder the Seller shall be at liberty by notice in writing to
determine the contract or part thereof without incurring any liability to the
Buyer. The Seller is at liberty to deliver the goods by instalments and
each delivery shall be deemed to be a separate contract.
4. Specifications
All specifications,
descriptions and samples are approximate only and intend to be a guide and the
Seller accepts no liability for their accuracy. The Seller may alter the
goods to introduce improvements. No such variation shall entitle the Buyer
to rescind the Contract or shall be the subject of any claim against the
Seller.
5. Title
a. The Seller and
Buyer agree that title to the goods shall remain with the Seller and the Seller
has the sole unencumbered right to dispose of the goods until payments has been
made in full to the Seller.
b. Until
Payment has been made in full the Seller may (without prejudice to any other
rights) recover or resell the goods, and the Buyer agrees that the Seller or its
servants or agents may enter upon the Buyer premises for that
purpose.
c. The Buyer agrees that so long as the goods are upon its
premises, the Buyer shall ensure that they are stored in their packaging or
boxes as supplied by the Seller undamaged and free of charge in such a way that
they are shown to be the property of the Seller and marked
accordingly.
6. Claims
a. No claim for
damages shall be accepted unless the Seller is notified in writing by the Buyer
within seven days of delivery.
b. No claim shall be accepted for
goods differing in quantity or description from the particulars on the delivery
note unless the Seller is notified in writing by the Buyer within four days of
delivery and the onus is on the Buyer to prove any
shortage.
7.
Indemnity
The buyer shall be
solely responsible for and shall keep the Seller indemnified against all
liability in relation to the use of the goods other than in strict accordance
with Sellers or manufacturers operating instructions.
8.
Returns
The Seller will not
accept returned goods for credit or rectification unless such return has been
first authorised with an allotted returns number and the goods are returned back
to the returns centre named by the Seller at the risk and expense of the Buyer
in stock conditions with correct packaging within ten days of delivery.
The Seller retains the sole discretion whether to accept return of the goods or
whether to rectify or replace the goods or whether to issue a credit note in
respect thereof. The Seller reserves the right to charge a re-stocking fee
of not exceeding 20% of the purchase price, providing the goods are in original
stock condition. N.B. We are unable to accept the return of unwanted bespoke
kits under any circumstances.
9.
Liability
The Seller liability
to the Buyer for any default or breach whatsoever and howsoever arising shall in
no case exceed the invoice value of the goods.
10. Other
a. If any of
these terms and conditions shall be found to be unlawful it shall not vary or
affect the validity or enforceability of the remainder of the
conditions.
B. this contract is and shall be deemed to have been made in
England and shall in all respects be governed by English
Law.
11. Delivery The time
of delivery is given in good faith but we cannot accept any liability for delay
or failure due to circumstances beyond our control.
12. Delivery
Charges
Please
refer to the shipping and returns section of our website
13. Prices The seller
reserves the right to modify prices to those ruling at time of despatch should
there be any significant increase in production costs which are beyond our
control.
14.
Specification Where The buyer specifies that goods shall be of a certain size or
colour, this shall be subject to reasonable commercial
variation.