| IZABELLE HAMMON LIMITED WEBSITE TERMS AND CONDITIONS ("Website Conditions")About Us |
TERMS AND CONDITIONS OF SALE OF
IZABELLE HAMMON LIMITED
DEFINITIONS: In these Terms and Conditions ('Conditions') references to 'we' 'us' and 'our' shall be deemed to mean Izabelle Hammon Limited a company registered in England under number 3520824 and whose registered office is at 70 President Way, Airport Executive Park, Luton, Bedfordshire, LU2 9NL, United Kingdom, and reference to 'you' and 'your' shall be deemed to be references to you the person, firm, company or other organisation who is buying or who wishes to buy 'Calgel' and other products from us. References to 'the Products' shall mean the various nail enhancement and other cosmetic products sold by us from time to time.
APPLICATION OF THESE TERMS: All Products sold by us will be sold subject to these Conditions. We shall be entitled to amend these conditions at any time. Any provisions which you apply or purport to apply shall not be the terms and conditions concerning the sale of the Products by us to you, however such provisions are introduced (including but not limited to provisions included on purchase order(s), confirmations of order or similar documents) ('Customer Provisions'). For the avoidance of doubt you acknowledge and agree that we shall not be bound by any of the Customer Provisions. Acceptance of delivery of the Products shall be deemed conclusive evidence of your acceptance of the terms set out in these Conditions.
ORDERS: All orders for Products (including those sent in response to a quotation or other price indication of whatever description received from us) shall be deemed to be an offer to enter into a contract to purchase the Products referred to in that order from us, and we will be entitled in its discretion either to accept or decline such order. We shall not be contractually bound to deliver any Products until we have accepted the order. Notwithstanding that we may have accepted an order we shall not be obliged to make delivery until we have received full payment from you. Notwithstanding that we have accepted your order, we reserve the right to cancel the contract between us if:
(i) we have insufficient stock to deliver the Product you have ordered; or
(ii) if one or more of the items of Product you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 5 working days of cancelling your order. We will not be obliged to offer any additional compensation for disappointment suffered.
PAYMENT: We will accept payment for any Products ordered from us using the following Credit/Debit cards: Visa, Mastercard, Visa Delta, Switch/Maestro and Solo. Bank transfers are also accepted. Cheques are NOT accepted, unless with the prior agreement of one of our managers. In the event that we need to take any legal or other recovery action to recover any outstanding monies due to us, all legal expenses shall be for the account of the defaulter.
PRICES: All prices quoted are excluding VAT, postage and packaging and prices are subject to change without prior notice.
RISK AND TITLE: The risks associated with any Products ordered by you from us being destroyed or damaged in any way, or lost or stolen, shall pass to you upon the Products being delivered to you by our courier of by postal service. Notwithstanding that such risks may have passed to you at that time, ownership of the Products shall not pass to you until we have received full payment of the price due in respect of those Products.
INSPECTION OF PRODUCTS ON RECEIPT: Products must be inspected on delivery for shortages and obvious damage; any claims for shortages or in respect of obvious damage must be reported to us within 3 days of receipt of the Products in question or, in the case of alleged shortages, within 3 days of receipt of the remainder of the Products ordered. We shall have no liability to compensate you or to replace or make a refund in respect of any shortages or obvious defects that are not notified to us within such time period. Please quote your invoice number and retain damaged Products and packaging as these shall be required as proof by our courier company for any claims. You agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that the Products ordered by you have been received.
RETURN POLICY: Products are not sold on a 'sale and return' basis. If Products have been ordered in error or are not as expected then a return authorisation number must be obtained from our Customer Service Team on 0845 230 1087 prior to such Products being returned to us. Again please ensure that you quote your order number when contacting us. The relevant return authorisation number that we provide you must be quoted on the front of the packaging, otherwise it shall be rejected and returned to you. Products which we accept can be returned to us must be returned within 7 days of receipt, unused, unopened and in perfect condition. We take no responsibility for lost parcels. We are unable to provide refunds for any unwanted chemical products purchased due to risk of contamination after leaving our premises. Products returned in a damaged condition due to poor packaging shall not entitle you to a full credit/refund.
DEFECTIVE PRODUCTS: If you suspect a fault with any Product that we have supplied to you, please call our Customer Service Team on 0845 230 1087. This initial call may prevent any unnecessary returns. We warrant that all Products supplied by us will reasonably conform to any description that we may have given in respect of the particular Product concerned on our website or in any brochures that we may supply. We also warrant that all Products supplied by us will be free from defects and suitable to be used in the manner we contemplate during the warranty period relating to such Product. Unless stated otherwise in any documentation accompanying the particular Product concerned, the warranty period applicable to our Products shall be six months from the date of dispatch to you. In the event of any valid claim under our warranty as stated above we will arrange for the item in question either to be repaired, replaced, or will refund you the price paid in respect of that particular item. We shall be entitled in our discretion to decide which of these options shall apply in any particular case. The warranty period commences from the date of invoice. This warranty excludes faults caused by misuse, neglect or accidental damage. This warranty shall also be invalid if Products are mixed with or used in conjunction with products supplied by other suppliers.
EXCLUSION OF IMPLIED TERMS etc: The warranty set out above shall (to the extent permitted by law) be to the exclusion of all terms, conditions or warranties implied by statutory or common law relating to conformity with description, the quality of the Products and/or the fitness of the Products for any purpose(s) whatsoever (whether made known to us or not). All such implied terms, conditions or warranties are hereby excluded to the fullest extent permitted by law.
LIMITATION ON LIABILITY: Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us concerning any Products which we have supplied to you other than as set out in the paragraph above entitled 'Defective Products'. Without limiting the provisions set out in the preceding paragraph or in this paragraph, our liability arising out of any claim based on a breach of any express or implied term relating to conformity with description, the quality of the Products and/or the fitness of the Products for any purpose, shall in any event be limited to the price paid by you for the Product or Products which are the subject matter of the claim in question. Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights you might have as a 'consumer' under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
COMPLIANCE WITH LOCAL REGULATIONS etc: You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from us. The importation or exportation of certain of our Products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Products you purchase.
EVENTS BEYOND OUR CONTROL: We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
DELIVERY: All orders attract carriage charges; however orders over £500 (ex. VAT) shall be entitled to free carriage. Save where a more rapid form of delivery has been expressly agreed with you, we will dispatch any Products that you order from us by the end of the working day following the day on which we notify you that we have accepted your order. Since we use independent courier services or normal postal services to make deliveries we cannot guarantee how quickly such independent courier services or postal service will thereafter deliver such Products to you.
BULK PRICES: Any discount that we may offer for bulk purchases may not be used in conjunction with any other special offers.
REFUSAL TO SUPPLY: We shall be entitled to stop supplying Products to you for any of the following reasons:
(i) If you or any of your employees, or any consultant or agent engaged by you who uses the Products, has not undergone training with a qualified Calgel Educator or does not hold a valid Calgel Certificate. Please note in this respect that as from May 2008 all persons using Calgel products need to undertake a refresher course on Calgel techniques and product knowledge every two years to maintain a valid Calgel Certificate.
(ii) If we reasonably believe that the standard of workmanship produced by you or by any of your employees, or by any consultants or agents engaged by you, when using the Products does not meet our required standards. If this is the case then we shall initially offer further training to help rectify the situation and you shall be responsible for paying the cost of providing such training.
(iii) If you refuse the offer of further training referred to in sub-paragraph (ii) above or if, despite such training, you or the employee(s), consultant(s) or agent(s) concerned still do not meet our required standard.
(iv) If you use, sell or supply, or attempt to use, sell or supply, any of the Products we have supplied to you, to anyone other than supplying the same to an end-user customer as part of a professional nail treatment service or using them in connection with the provision of an approved training course in the use of the Products. In this respect we confirm that we have the exclusive distribution rights to sell and supply Calgel and its associated products in the UK and Europe and therefore any breach of this paragraph would be an infringement of these rights and will result in immediate legal action being taken against the person infringing such rights.
(v) If you sell or supply, or attempt to sell or supply any Products that we have sold to you via any third party website (e.g. E-Bay). Any infringement of this sub-paragraph will also result in immediate legal action being taken against you.
INVALIDITY: If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
GENERAL: No person, firm, company or organisation other that us and you shall have the right to enforce any term set out in these Conditions. These Conditions shall be interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us and you.
Copyright of Izabelle Hammon Limited 2009. All rights reserved.