Use of the website
1. Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
2. Registration
2.1 You warrant that:
2.1.1 The Personal Information which you are required to provide when you register as a member of BeautyBerry is true, accurate, current and complete in all respects; and
2.1.2 You will notify us immediately of any changes to the Personal Information by contacting us by e-mail and updating your My Accounts records.
2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3. Indemnity
3.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
4. Our rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
5. Basis of Sale
5.1 These Terms and Conditions and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Member may purport to apply under any purchase order, confirmation of order or other document and that by placing any order the Member acknowledges that any business conducted there under will be subject to these Terms and Conditions of Business.
5.2 Any variation of these Terms and Conditions and the Special Conditions will only bind the Seller if agreed in writing between authorised representatives of the Seller and the Member.
5.3 The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any contract and in accepting delivery, the Member acknowledges that it does not rely on any representations concerning the Goods which are not confirmed in this way.
5.4 Nothing in these Terms and Conditions shall operate to deny or limit any rights of or the Seller’s liability to any Member who is a consumer, which rights such Member has at law. In the event of conflict between the Terms of the Contract and any such rights, the latter shall prevail in favour of the Member being a buyer who does not purchase goods in the course of any kind of business.
6. Orders and Specifications
6.1 Goods offered for sale can be held either by us or by our suppliers at the time they are offered for sale. If an item is currently held by our suppliers we will place an order for all items purchased at the point the sale ends in such circumstance goods may take up to 14 days to be delivered.
6.2 BeautyBerry complies in full with Distant Selling regulations. All orders will be delivered within 7 days of the original order date. If this time period is exceeded for any reason you will be notified by email of this delay and given the option of cancelling your order. Please note this guarantee does not apply for orders where delivery has been attempted and our courier has been unable to make the delivery as there was no one available to sign for the goods.
6.3 All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
6.4 No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in writing who reserves the right in its ultimate discretion whether to accept an order from time to time from any Member.
6.5 Any literature published or submitted by the Seller to the Member which contains any descriptions, specifications, drawings or prices of the Goods is published or submitted for guidance only. The Seller reserves the right to make minor modifications in the design and specification of the Goods without notice to the Member, but agrees to notify the Member of any major or material modifications which the Member shall be deemed to have accepted unless notification to the contrary is received in writing by the seller within 7 days of delivery.
6.6 In the event that the Seller accepts an Order from a Member and that for reasons beyond the control of the Seller that it is unable to supply the goods ordered to the Member then the Member agrees to accept the repayment of the amount paid to the Seller in full and final settlement of all and any claims it may have as against the Seller for non-delivery.
7. Price and Payment
7.1 The Member will pay the Price together with an amount equal to VAT chargeable on the sale of the Goods in accordance with the procedures set out in the Seller’s website.
7.2 The retail price (if any) indicated on the website is that which has been provided to the Seller by its supplier.
8. Delivery
8.1 The place for delivery of the Goods will be agreed between the Seller and the Member and shown on the Order Confirmation.
8.2 Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Member arising from any delay in the delivery of the Goods howsoever caused.
8.3 The Member must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Member of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Member may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If goods have any damage or defect immediately apparent on receipt then it is advised that the delivery be rejected and left with the courier service for return.
8.4 The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Member may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Member has a claim in respect of any one or more of the instalments.
8.5 If the Member fails to take delivery of the Goods then, in addition to any other right or remedy available to the Seller, the Seller may do either or both of the following;
8.5.1 Store the Goods until actual delivery and charge the member for the cost (including insurance) of storage, together with any other reasonable incidental costs;
8.5.2 Sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Member for any shortfall below the Price. The Member must advise the Seller in writing of any alteration, cancellation or deferral of delivery and the Seller reserves the right to make a charge (which will not normally be less than 20% of the cost of the item altered, deferred or cancelled), whether the goods have been taken into stock or not.
8.6 Goods must not be returned to the Seller except as provided in Condition 4.4 hereof.
9.Risk and Property
9.1 Risk of damage to or loss of the Goods will pass to the Member on delivery at the agreed address.
9.2 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received in cleared funds full payment of the Price and all other sums which are due, owing or payable by the Member to the Seller in respect of the Contract or any other Contract between the Seller and the Member.
10. Liability
10.1 The Seller will not be liable for short delivery or defective Goods unless notice is given to the Seller in writing in accordance with Condition 6.4 within seven days of delivery and the Seller will not be liable for any defective Goods unless the Seller receives notice in accordance with Condition 6.4 within seven days of the Member becoming aware of the defect or, where upon reasonable inspection of the Goods, the Member should have become aware of such defect. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Member the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition.
10.2 The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
10.3 Nothing in this Condition 2.10 shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller’s negligence. Except as provided in this Condition 2.10, the Seller will not be liable to the Member for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Goods or their use or resale by the Member.
11. Third party links
11.1 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
