TERMS AND CONDITIONS OF SUPPLY
1.1 The following terms as used herein shall have the meaning as stated:
“Company” means Deo Beauty Products
“Conditions” means these Terms and Conditions of Supply;
“Customer” means any person, firm, company, or other organization who is the addressee of the Company’s quotation or acceptance of order issued by the Company;
“Goods” means the goods which are the subject of any written acceptance of order.
- APPLICATION OF CONDITIONS
2.1 All quotations are made and all orders are accepted by the Company subject only to these Conditions, which shall prevail notwithstanding any other terms and conditions which the Customer shall bring to the Company’s notice.
- CONTRACT FORMATION
3.1 The placing of an order following any quotation or other indication of price and delivery shall not be binding on the Company unless and until accepted by the Company in writing.
4.1 Prices for the Goods, howsoever given, are based on conditions ruling on the date of their giving and are subject to change. The effective price for any Goods supplied under a contract between the Company and Customer arising from the acceptance by the Company of the Customer’s order in writing shall be that price confirmed by the Company in its notification of acceptance of such order. The provisions of any quotation shall remain firm for thirty (30) days, from the date hereof, unless otherwise stated, and thereafter shall be subject to confirmation.
4.2 All prices are exclusive of value-added tax which shall be payable by the Customer to the Company at the rate ruling at the applicable tax point.
5.1 Whilst the Company will endeavor to deliver the Goods in accordance with the Customer’s requirements, the Company will not be liable for any consequences of late delivery howsoever caused.
5.2 The Company may make partial delivery of any order or deliver any order by installments and these Conditions shall apply to each. Each delivery shall be deemed to be a separate contract.
5.3 Delivery of the Goods shall be made by the Customer collecting the Goods at the Company’s premises at any time after the Company has notified the Customer that the Goods are ready for collection or, if some other place for delivery is agreed by the Company, by the Company delivering the Goods to that place. Where the Company agrees to deliver the Goods otherwise than at the Company’s premises, the Customer shall be liable to pay the Company’s charges for transport, packaging, and insurance.
6.1 Acceptance of the Goods by the Customer shall be deemed to have occurred conclusively 48 hours after receipt of the Goods by the Customer unless the Customer shall give written notice of rejection prior to the expiry of the said period.
7.1 The price for the Goods shall be paid in the amount(s) or percentages stipulated by the Company at the time(s) or intervals stipulated by the Company.
7.2 Failure by the Customer to pay any invoice by its due date shall entitle the Company to (a) charge interest at the rate of six percent (6%) per annum above Lloyds Bank plc’s base lending rate from time to time calculated on a daily basis, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); (b) charge the Customer with any costs incurred by the Company in the course of collecting outstanding monies due to the Company from the Customer; (c) suspend any warranty for the Goods or any other goods supplied by the Company to the Customer, whether or not they have been paid for; and (d) set off any amount owed by the Company to the Customer against any amount owed by the Customer to the Company on any account whatsoever. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
- FORCE MAJEURE
8.1 The Company reserves the right to defer the date of delivery, or to cancel the contract between the Company and the Customer or reduce the volume of the Goods ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, Acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, the Customer shall be entitled to give notice in writing to the Company to terminate the contract between the Company and the Customer.
9.1 The Company warrants that the Goods shall, upon delivery, be undamaged, complete, and free from material defects.
9.2 The Company’s liability under the said warranty shall be limited to the replacement of any Goods found to be damaged, incomplete or defective and notified to the Company in writing within 48 hours of receipt of the Goods by the Customer. Subject to the Company confirming any damage, shortage or
defect as aforesaid, the Company shall effect any necessary replacement at no charge to the Customer.
- EXCLUSION OF LIABILITY
10.1 The Customer is relying on its own skill and judgment in relation to the suitability and fitness of the Goods for its purposes and the Company accepts no liability whatsoever for any knowledge it may possess as to the purpose for which the Goods are supplied.
10.2 Save as provided in clause 9 above and in Section 12 of the Sale of Goods Act 1979, all conditions, warranties and liabilities whatsoever whether express or implied, statutory or otherwise, are hereby expressly excluded and the Company shall be under no liability whatsoever for any loss or damage of whatsoever kind, howsoever caused or arising, including but without being limited to any direct, indirect or consequential loss or damage, lost profits, loss of use or other economic loss and any liability of the Company shall, in any event, be limited to the amount paid for the Goods by the Customer, provided that nothing herein contained shall be construed so as to exclude the liability of the Company for any liability which cannot be lawfully excluded, or for negligence or wilful default of itself, or its servants or agents, in so far as the same results in death or personal injury.
11.1 The Company reserves the right without prior approval from or notice to the Customer to make changes to the Goods which do not affect their quality or which are required for safety purposes or to meet the Goods’ specification.
- RISK AND TITLE
12.1 Risk of damage to or loss of the Goods shall pass to the Customer: (a) in the case of Goods to be delivered at the Company’s premises, at the time when the Company notifies the Customer that the Goods are available for collection; or (b) in the case of Goods to be delivered other than at the Company’s premises, at the time of delivery of the Goods to the Customer’s premises, or such other location as shall be notified by the Customer to the Company in advance of despatch of the Goods.
12.2 Title to the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of: (a) the Goods; and (b) all other sums which are or which become due to the Company from the Customer on any account.
12.3 If: (a) the Customer is late in paying for the Goods; or (b) the Customer is late in paying for any other goods supplied by the Company; or if (c) before title to the Goods passes to the Customer, the Customer becomes subject to any of the insolvency events listed in clause 14 or any analogous event in any other jurisdiction, or the Company reasonably believes that any such event is about to happen and notifies the Customer accordingly; then (d) without limiting any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, the Company may
enter upon any land, buildings or vehicles of the Customer to take possession of the Goods and any costs, charges and expenses incurred by the Company in so taking possession (including legal fees) shall be payable by the Customer upon demand.
- EXPORT TERMS
13.1 In these Conditions “Incoterms 2010” means the international rules for the interpretation of credit terms at the International Chamber of Commerce as in force at the date when the contract between the Company and the Customer arises. Unless the context otherwise requires, any term or expression which is defined here or given a particular meaning by the provisions of Incoterms 2010 shall have the same meaning in these Conditions.
13.2 Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 13 shall (subject to any special terms agreed in writing between the Company and the Customer) apply notwithstanding any other provision of these Conditions.
13.3 The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
13.4 Unless otherwise agreed in writing between the Customer and the Company, the Goods shall be delivered Ex Works the Company’s place of business and the Company shall be under no obligation to give the Customer the notice relating to insurance mentioned under Section 32(3) of the Sale of Goods Act 1979.
14.1 If at any time the Customer shall commit a breach of any obligation arising hereunder, or default in making any payment by the due date, or become insolvent, be subject to a petition in bankruptcy filed by or against it or be placed under the control of a receiver, liquidator or committee of creditors, then the Company may, if it so elects, terminate any contract then subsisting by written notice. The Customer shall have thirty (30) days to correct the default (if the default is capable of remedy), failing which termination shall take effect at the end of the thirty (30) day period.
15.1 These Conditions shall be subject to and construed under English Law and the parties hereby submit to the exclusive jurisdiction of the English courts for that purpose.
15.2 No forbearance or indulgence granted by the Company to the Customer shall in any way limit the rights of the Company under these Conditions.
15.3 If any provision of these Conditions is declared void or unenforceable by a court of competent jurisdiction, all other provisions in these Conditions shall remain in full force and effect.
General Website Terms
The term ‘Deo Beauty Products’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 6 Ritherdon Road, London, SW17 8QD . The term ‘you’ refers to the user or viewer of our website.
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- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
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