Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1.0 We reserve the right to update these Terms and Conditions as needed and a notification on the website will announce any changes. It is your responsibility to check for such changes.
2.0 These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are MB Professional Beauty Ltd a company registered in England and Wales under number 10171094 whose registered office is at 71-75 Shelton Street, Covent Garden, London, Greater London, WC2H 9JQ and whose trading address is Unit 4B, Shannon Commercial Centre, Beverley Way, New Malden, Surrey, KT3 4PT with email address Marketing@mbprofessionalbeauty.co.uk; (the Supplier or us or we).
3.0 These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
4.0 Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4.1 Contract means the legally-binding agreement between you and us for the supply of the Goods;
4.2 Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
4.3 Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
4.4 Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
4.5 Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
4.7 Website means our website www.mbprofessionalbeauty.co.uk on which the Goods are advertised.
5.0 All information of the Goods, including descriptions, ingredients listings, photographs, and prices, is as set out in the Website, catalogues, brochures or other form of advertisement are correct at the time when the relevant information was entered onto our system. Though we aim to keep the Website and other forms of advertisement as up to date as possible, all information is provided in good faith. There may be small discrepancies in the size and colour of the Goods supplied.
5.1 In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
5.2 All Goods which appear on the Website are subject to availability.
5.3 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
6.1 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
7.0 The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
7.1 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
7.2 A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
7.3 Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
7.4 No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
7.5 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
8.0 The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
8.1 Prices and charges exclude VAT. VAT will be added at checkout at the rate applicable at the time of the Order.
8.2 We reserve the right to change prices at any time without notice to you.
8.3 In the unlikely event that the price shown on the checkout page is wrong, we are not required to sell the goods to you at the price shown, if we have not yet accepted your order. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
8.4 Payments can be made by some credit or debit cards, or via your PayPal account. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. This may be done by holding a pre-auth value of 0.01GBP against the card until the card issuer validates the payment. If the issuer of your payment card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery. we can take payment immediately or otherwise before delivery of the Goods.
8.5 You confirm that the credit, debit card, or PayPal account that is being used is yours.
8.6 If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours’ notice in advance of any reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.
8.7 We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
9.0 We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay
9.1 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
9.2 If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
9.3 If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
9.4 If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
9.5 If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
9.6 If your delivery address is outside the united Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
9.7 You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
9.8 Any delivery timescales quoted to you are indicative only. Whilst we use only reputable delivery companies we do not accept any liability for delayed delivery caused by any third party. Your order will only be considered missing if it fails to arrive 15 working days after the approximate delivery date indicated in your order dispatch notification email. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
9.9 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
9.10 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
10.0 Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
10.1 You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
11.0 You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
11.1 This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
11.2 Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
11.3 Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
11.4 The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
11.5 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
11.6 You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.mbprofessionalbeauty.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
11.7 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
11.8 Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
11.9 We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
11.10 If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
11.11 If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
11.12 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
11.13 If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Unit 4B, Shannon Commercial Centre, Beverley Way, New Malden, Surrey, KT3 4PT without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
11.14 For the purposes of these Cancellation Rights, these words have the following meanings:
Conformity and Guarantee
12.0 We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
12.1 Upon delivery, the Goods will:
12.2 It is not a failure to conform if the failure has its origin in your materials.
12.3 We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
12.4 We will provide the following after-sales service: The supplier will support the customer if any further information is required for using the product.
Successors and our sub-contractors
13.0 Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
14.0 In the event of any failure by a party because of something beyond its reasonable control:
15.0 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
15.2 For the purposes of these Terms and Conditions:
15.3 We are a Data Controller of the Personal Data we Process in providing Goods to you.
15.4 Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
15.5 For any enquiries or complaints regarding data privacy, you can contact director at the following e-mail address: firstname.lastname@example.org.
16.0 The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
17.0 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
17.1 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
17.2 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 10 business days..
Model cancellation Form
To: Unit 4B, Shannon Commercial Centre, Beverley Way New Malden Surrey
Email address: Marketing@mbprofessionalbeauty.co.uk
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
[*] Delete as appropriate.