1. TERMS AND CONDITIONS OF SALE
All orders accepted by us (beautygroupenterprise.com/) and all quotations accepted by you (the Purchaser) are subject to the following terms and conditions which shall prevail over any other terms or conditions which you may seek to introduce, unless otherwise expressly agreed in writing by one of our directors. We (beautygroupenterprise.com/) reserve the right to alter these terms and conditions of sale at any time.
Opening of a credit account is subject to satisfactory trade references and a credit check, and is at the discretion of beautygroupenterprise.com.
2. Claims
a) We will at our own cost and expense repair and/or replace at our discretion the whole or any part of the goods forming the subject of the Contract which are defective in quality, under delivered or fail to comply with any specification laid down in the Contract subject however to the following conditions:
(i) In the event of any matter giving rise to complaint; you must give notice thereof to us within three days of the date of the delivery of the goods to the destination agreed in the Contract.
(ii) Following notice of complaint we must be given a reasonable opportunity of examining the relevant goods.
(iii) In the event of damage occurring to the goods during transit you must give written notice to us within three days of the date of delivery to the destination named in the Contract and further where such goods are consigned by an outside carrier you must in addition comply in all respects to that carriers conditions of carriage for notification of claims or loss or damage in transit.
b) Save as mentioned in sub-paragraph (a) above we shall be under no liability whatsoever whether contractual tortious or statutory for any defect of quality shortfall of quantity breach of specification or any other matter in relation to goods supplied or for any consequential damage however caused thereby incurred by you or any other person firm or corporation and whether arising directly or indirectly from any matter complained of in relation to the goods.
c) Any condition warranty or statement as to the quality of the goods or of their fitness for any purpose whether expressed or implied by any statute trade custom or otherwise is deemed excluded unless expressly accepted in writing by us.
3. Risk
Risk of damage to or loss of goods supplied will pass to you:
a) in the case of goods collected from our premises, at the time of collection or
b) in the case of goods to be delivered otherwise than at our premises at the time when we so deliver the goods.
4. Insolvency
If:
a) you make any voluntary arrangement with your creditors; or
b) (being an individual or firm) become bankrupt; or
c) (being a company) you become subject to an administration order or go into liquidation (otherwise than for the purposes of a solvent amalgamation or reconstruction); or
d) a receiver or administrative receiver is appointed of any of your property or assets; or
e) you cease or threaten to cease to carry on business; or
f) we reasonably apprehend that any of the above events is about to occur and we notify you accordingly; then
as well as having any other remedies we shall be entitled to cancel all existing orders for goods placed by you or suspend any further deliveries of goods placed by you or suspend any further been delivered to you and not paid for the price shall become immediately due and payable.
5. Third Party Rights
Nothing in this contract confers or purports to confer on any third party any benefit or any right to enforce any term of this contract pursuant to the Contract (Rights of Third Parties) Act 1999.
6. Force Majeure
a) In no event shall we be liable for any failure to perform which is due to force majeure. As used here the term ”force majeure” means any event beyond the reasonable control of us including but not limited to fire, flood, earthquake, explosion, inclement weather or unforeseeable natural occurrence or accident; strikes, lock-outs, work-to-rule, or other labour disputes; war, civil unrest, acts of vandalism, or other violence; any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency, civil or military authority; delay, cancellation or disruption of travel arrangements; illness or injury to personnel; any pre-emption, failure, degradation or severance of any facility or equipment that we have procured for the provision of business.
b) If our performance of any of our obligations hereunder is prevented, restricted or interfered with by reason of force majeure as defined above, then we, upon giving as prompt notice to you as is reasonably possible, shall be excused from such performance to the extent of such prevention, restriction, or interference and shall, if possible, continue performance hereunder whenever such causes are removed.
7. General
a) Any notice under these conditions must be in writing addressed to the other party at its registered or principal place of business.
b) No waiver by us of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
c) Should any of these Conditions be found by a court or other competent authority to be void or unenforceable, in whole or in part, such provision shall be deemed to be deleted from these Conditions and the remaining Conditions shall continue in full force and effect.
d) These Conditions and the Contract shall be construed according to English Law and the parties hereto submit to the non-exclusive jurisdiction of the Courts of England and Wales.
By placing an order, the purchaser acknowledges to have received and understood the contents of these Terms and Conditions and also acknowledges that they govern all contracts between the purchaser and beautygroupenterprise.com/.
