Terms Of Supply Of Goods And Services
This page (together with the documents referred to herein) describes the terms and conditions on which we supply our products and / or training courses listed on our website, www.nailcreationuk.co.uk. Please carefully read these terms and conditions and ensure you fully understand them before ordering any Products or Training courses from our website. You should understand that by ordering any of our Products or Training courses, you agree to be bound by these Terms. You should print a copy of this document for future reference. By placing an order and completing payment you are deemed to accept these terms.
1. Information About Us
www.nailcreationuk.co.uk is a website operated by Nail Creation UK Distribution Ltd.
2. Service Availability
Our website is only intended for use by people resident in the United Kingdom, Channel Islands and the Isle of Man. We do not accept orders from individuals outside these territories.
3. Your Status
By placing an order through our website, you warrant that:
- You are a Professional, Fully Qualified and Experienced Nail Technician who is qualified to use the Nail Systems and/or Products you have purchased. Nail Creation UK / Aphrodite Nail Systems cannot be held responsible for events arising out of the use / misuse of Nail Creation Products by unqualified / inexperienced persons.
- you are a currently trading business and are entering a contract with us in the purchase of products and/or training course of your trade;
- you are resident in the United Kingdom, Channel Islands or Isle of Man;
- you are accessing our website from one of those territories.
4. How The Contract Is Formed Between You And Us
- 4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or a Training course. All orders are subject to acceptance by us. In the case of Products, we will confirm our acceptance of your order by sending you an e-mail confirming the Product has been received (the Order acknowledgement). In the case of Training courses, we will send you a letter (the Booking Confirmation) confirming that you are officially booked onto the training course subject to your paying the full fees for the relevant training course. The contract between us (Contract) will only be formed when we send you the Order acknowledgement or Booking Confirmation.
- 4.2 The Contract will relate only to those Products whose order has been acknowledged in the Order acknowledgement, or those Training courses whose booking we have confirmed in the Booking Confirmation. We will not be obliged to supply further Products or Training courses which may have been part of your order until the dispatch of such Products has been confirmed in a separate email or the booking of such Training courses has been confirmed in a separate Booking Confirmation.
- 4.3 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer monitor is able to display the colours accurately. Your Products may vary slightly from those images.
5. Our Status
- 5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
- 5.2 We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. Consumer Rights
- 6.1 You acknowledge that you are not contracting as a consumer, and so do not have any consumer rights.
7. Availability And Delivery Of Products
- 7.1 Your order for Products will be fulfilled by the delivery date set out in the Order acknowledgement or, if no delivery date is specified, then within a reasonable time of the date of the Order acknowledgement, unless there are exceptional circumstances.
- 7.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
8. Risk And Title
- 8.1 The Products will be at your risk from the time of delivery.
- 8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price And Payment
- 9.1 The price of any Products or Training courses will be as quoted on our website from time to time, except in cases of obvious error.
- 9.2 These prices exclude VAT and delivery costs, which will be added to the total amount due.
- 9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order acknowledgement or a Booking Confirmation.
- 9.4 Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- 9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order acknowledgement, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mistake; in these circumstances we may cancel supply of the Product and refund you any sums you have paid
- 9.6 Payment for all Products must be by credit or debit card. We accept payment by most major credit cards, excluding American Express or Diners’ Club credit cards. We will charge your credit or debit card when we are about to despatch your order. As regards Training courses, we accept payment by credit and debit card (again, excluding American Express or Diners’ Club) or by cheque and will take a deposit prior to our sending you a Booking Confirmation, and the remainder by whatever date is specified in the Booking Confirmation as the latest date for payment. Payment must be in cleared funds.
10. Manufacturer’s Guarantee
Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
11. Our Refunds Policy In Respect Of Products
- 11.1 Products are not offered on a sale or return basis. However, Products that have been ordered in error will normally be accepted for return within 7 days from the date of purchase, provided they arrive back to us in perfect, re-saleable condition. Also, Products which are damaged in transit may be returned provided you notify us of the damage within 3 working days of delivery.
- 11.2 When you return a Product to us:
- (a) because you have ordered it in error, we will process the refund due to you as soon as possible and, in any case, within a reasonable time of the day you have sent us back the Product in perfect condition. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you. You will be responsible for the cost of returning the item to us.
- (b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you. We will also refund the costs you incur in sending the Products back to us by 1st class post, but if you choose to send them recorded delivery the extra costs of that will be borne by you.
- 11.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12. Delivery And Performance Of Training courses.
- 12.1 The delivery of Training courses will be made with reasonable care and skill from the location set out in the Booking Confirmation.
- 12.2 The date on which the training course will take place is as set out in the Booking Confirmation.
- 12.3 All and any intellectual property rights that subsist in any Training course material that we provide to you belongs to us or our licensors.
13. Our Refunds Policy In Respect Of Training courses
- 13.1 Training courses for which we have already sent you a Booking Confirmation may not be cancelled by you without you forfeiting the deposit you will have already paid. The booking deposit is non-refundable and non-transferable (except with our express written consent). Additionally, we reserve the right to charge you for the balance of the Training course fees if we cannot fill your place with another student unless you have given us a minimum of 7 days’ notice of your cancellation prior to the first day of the Training course.
- 13.2 In circumstances where we have to cancel a Training course you may either elect to have your booking transferred to another date or request a refund of the price that you have paid for the cancelled Training course.
14. Our Liability
- 14.1 We warrant to you that
- (a) any Product purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied;
- (b) any Training course supplied by us through our website will be delivered with reasonable skill and care, by properly trained staff.
- 14.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product or Training course you purchased.
- 14.3 This does not include or limit in any way our liability:
- (a) for death or personal injury caused by our negligence;
- (b) under section 2(3) of the Consumer Protection Act 1987;
- (c) for fraud or fraudulent misrepresentation; or
- (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 14.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
- (a) loss of income or revenue;
- (b) loss of business;
- (c) loss of profits
- (d) loss of contracts or opportunity;
- (e) loss of anticipated savings;
- (f) loss of data; or
- (g) waste of management or office time; however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 14.1 or clause 14.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 14.4.
- 14.5 Where you buy any Product from a third party seller through our website, the seller’s individual liability will be set out in the seller’s terms and conditions.
15. Import Duty
- 15.1 If you order Products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- 15.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
16. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given to Nail Creation UK. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer Of Rights And Obligations
- 18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
- 18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Events Outside Our Control
- 19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- 19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) Strikes, lock-outs or other industrial action.
- (b) Illness or absence of all available Course instructors, where we have been unable to avoid the same after using our reasonable endeavours.
- (c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- (d) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- (e) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- (f) Impossibility of the use of public or private telecommunications networks.
- (g) The acts, decrees, legislation, regulations or restrictions of any government.
- 19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 20.1 If we fail at any time during the term of a Contract to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire Agreement
- 22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- 22.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
23. Our Right To Vary These Terms And Conditions
- 23.1 We have the right to revise and amend these terms and conditions occasionally as the needs of our business dictates.
- 23.2 You will be subject to the policies and terms and conditions in force at the time that you order Products or Courses from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation or Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. Law And Jurisdiction
Contracts for the purchase of Products or Courses through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.