Terms & Conditions

 

Interpretation

1.1       In these Conditions:

‘Customer’ means the person who accepts a quotation of Get Fresh Cosmetics Ltd for the sale of the Goods or whose order for the Goods is accepted by Get Fresh Cosmetics Ltd.

‘Goods’ means the goods (including any instalment of the goods or any parts for them) which Get Fresh Cosmetics Ltd are to supply in accordance with these Conditions.

‘Get Fresh Cosmetics Ltd’ means the partners or other proprietors for the time being of the firm known as Get Fresh Cosmetics Ltd.

‘Conditions’ means the standard terms and conditions of the sale set out in this document and (unless the context otherwise require) includes any special terms and conditions agreed in writing between the Customer and Get Fresh Cosmetics Ltd.

‘Contract’ means the contract for the purchase and sale of the Goods.

‘Writing’ includes telex cable facsimile transmission and comparable means of communication.

 

1.2     Any reference to these Conditions to any provision of statute shall be construed as a reference to the provision as amended, re-enacted or extended at the relevant time.

 

Basis of the sale

2.1     Get Fresh Cosmetics Ltd shall sell and the Customer shall purchase the Goods in accordance with any quotation of Get Fresh Cosmetics Ltd which is accepted by the Customer or any order of the Customer which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Customer.

2.2     No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Customer and Get Fresh Cosmetics Ltd.

2.3     Get Fresh Cosmetics Ltd’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Get Fresh Cosmetics Ltd in Writing.  In entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.

2.4     Any advice or recommendation given by Get Fresh Cosmetics Ltd or their employees or agents to the Customer or its employees or agents as to the storage application or use of the Goods which is not confirmed in Writing by Get Fresh Cosmetics Ltd is followed or acted upon entirely at the Customer’s own risk and accordingly Get Fresh Cosmetics Ltd they shall not be liable for any such advice or recommendation which is not so confirmed.

2.5     Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by Get Fresh Cosmetics Ltd shall be subject to correction without any liability on the part of Get Fresh Cosmetics Ltd.

 

Orders and Specifications

 

3.1     No order submitted by the Customer shall be deemed to be accepted by Get Fresh Cosmetics Ltd’s authorised representative.

3.2     The Customer shall be responsible to Get Fresh Cosmetics Ltd for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer and for giving Get Fresh Cosmetics Ltd any necessary information relating to the Goods within a sufficient time to enable Get Fresh Cosmetics Ltd to perform the Contract in accordance with its terms.

3.3     The quantity quality and description of and any specification for the Goods shall be those set out in Get Fresh Cosmetics Ltd’s quotation (if accepted by the Customer) or the Customer’s order (if accepted by Get Fresh Cosmetics Ltd).

3.4     If the Goods are to be manufactured or any process is to be applied to the Goods by Get Fresh Cosmetics Ltd in accordance with a specification submitted by the Customer the Customer shall indemnify Get Fresh Cosmetics Ltd against all loss damages costs and expenses awarded against or incurred by Get Fresh Cosmetics Ltd in connection with or paid or agreed to be paid by Get Fresh Cosmetics Ltd in settlement of any claim for infringement of any patent copyright design trade mark or other industrial or intellectual property rights of any other person which results from Get Fresh Cosmetics Ltd use of the Customer’s specification.

3.5     Get Fresh Cosmetics Ltd reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or where the Goods are to be supplied to the Customer’s specification which do not materially affect their quality or performance.

3.6     We reserve the right to charge 10% of the order value plus VAT at the prevailing rate upon cancelation due to no fault of our own.

3.7     To ensure our customers are never left without stock and to minimise back orders, we reserve the right to substitute items with other similar products for the same or greater value without notice.

Price of the Goods

4.1     The price of the Goods shall be Get Fresh Cosmetics Ltd’s quoted price or where no price has been quoted (or a quoted price is no longer valid) the recognised price of the Goods at the date of despatch of the Goods.  All prices quoted are valid for 28 days only or until earlier acceptance by the Customer after which time they may be altered by Get Fresh Cosmetics Ltd without giving notice to the customer.

4.2     Get Fresh Cosmetics Ltd reserve the right by giving notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost the Get Fresh Cosmetics Ltd (such as without limitation any alteration of duties or taxes increase in the costs of labour materials or other costs of manufacture) any change in delivery dates quantities or specifications for the Goods which is requested by the Customer or any delay caused by instruction of the Customer or failure of the Customer to give Get Fresh Cosmetics Ltd adequate information or instructions.

4.3     Except as otherwise stated under the terms of any quotation and unless otherwise agreed between the Customer and Get Fresh Cosmetics Ltd all prices are given by Get Fresh Cosmetics Ltd on an delivered basis.

4.4     The price is exclusive of any applicable value added tax which the Customer shall be additionally liable to pay to Get Fresh Cosmetics Ltd.

4.5     The cost of pallets and returnable containers will be charged to the Customer in addition to the price of the Goods but full credit will be given to the Customer provided they are returned undamaged to Get Fresh Cosmetics Ltd before the due payment date.

 

Terms of Payment

5.1     Subject to any special terms agreed in writing between the Customer and Get Fresh Cosmetics Ltd, Get Fresh Cosmetics Ltd shall be entitled to invoice the Customer for the price of the Goods on or at any time after delivery of the Goods unless the Goods are to be collected by the Customer or the Customer wrongfully fails to take delivery of the Goods in which event Get Fresh Cosmetics Ltd shall be entitled to invoice the Customer for the price at any time after Get Fresh Cosmetics Ltd have notified the Customer that the Goods are ready for collection or (as the case may be) Get Fresh Cosmetics Ltd have tendered delivery of the Goods.

5.2     The Customer shall pay the price of the Goods (without any deduction) strictly 30 days from the date of Get Fresh Cosmetics Ltd’s invoice.

5.3     If the Customer fails to make any payment on the due date then without prejudice to any other right or remedy available to Get Fresh Cosmetics Ltd. Get Fresh Cosmetics Ltd shall be entitled to:

5.3.1  cancel the Contract of suspend any further deliveries to the Customer,

5.3.2  appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and Get Fresh Cosmetics Ltd) as Get Fresh Cosmetics Ltd may think fit (notwithstanding any purported appropriation by the Customer): and

5.3.3  charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of 4 per cent per annum above Lloyds TSB Bank Plc base rate from time to time until payment in full is made ( a part of a month being treated as a full month for the purpose of calculating interest).

 

Risk and Property

 

6.1     Risk of damage to or loss of the Goods shall pass to the Customer:

6.1.1  in the case of Goods to be delivered at Get Fresh Cosmetics Ltd’s premises at the time when Get Fresh Cosmetics Ltd notify the Customer that the Goods are available for collection: or

6.1.2  in the case of Goods to be delivered otherwise than at Get Fresh Cosmetics Ltd’s premises at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods the time when Get Fresh Cosmetics Ltd have tendered delivery of the Goods.

6.2     Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until Get Fresh Cosmetics Ltd have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Get Fresh Cosmetics Ltd to the Customer for which payment is then due.

6.3     Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Get Fresh Cosmetics Ltd fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored protected and insured and identified as Get Fresh Cosmetics Ltd’s property.  Until that time the Customer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to Get Fresh Cosmetics Ltd for the proceeds of sale or otherwise of the Goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any moneys or property of the Customer and third parties and in the case of tangible proceeds properly stored protected and insured.

6.4     Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been re-sold) Get Fresh Cosmetics Ltd shall be entitled at any time to require the Customer to deliver up the Goods to Get Fresh Cosmetics Ltd and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

6.5     The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Get Fresh Cosmetics Ltd but if the Customer does so all monies owing by the customer to Get Fresh Cosmetics Ltd shall (without prejudice to any other right or remedy of Get Fresh Cosmetics Ltd) forthwith become due and payable 

6.6       All Display stands and point of sale remain the property of Get Fresh Cosmetics. Under no circumstances can the stands be used to display other company’s products. If you no longer stock Bomb Cosmetics we retain the right to uplift all display stands and point of sale.

 

Warranties and Liability

 

7.1     Subject to the conditions set out below Get Fresh Cosmetics Ltd warrant that the Goods will be of merchantable quality and fit for any purpose made known to Get Fresh Cosmetics Ltd in Writing at the time of placing the order.

7.2     The above warranty is given by Get Fresh Cosmetics Ltd subject to the following conditions:

7.2.1  Get Fresh Cosmetics Ltd shall be under no liability in respect of any defect in the Goods arising from any drawing design or specification supplied by the Customer:

7.2.2  Get Fresh Cosmetics Ltd shall be under no liability in respect of any defect in the Goods arising from fair wear and tear wilful damage negligence abnormal working conditions failure to follow instructions (whether oral or in writing ) misuse or alteration or repair of the Goods without Get Fresh Cosmetics Ltd’s approval:

7.2.3  Get Fresh Cosmetics Ltd shall be under no liability under the above warranty  (or any other warranty condition or guarantee) if the total price for  the Goods has not been paid by the due date for payment:

7.2.4  The above warranty does not extend to materials or equipment not manufactured by Get Fresh Cosmetics Ltd in respect of which the Customer shall only be entitled to the benefit of any such warranty of guarantee as is given by the manufacturer to Get Fresh Cosmetics Ltd.

7.3     Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.

7.4     Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.

7.5     Any claim by the Customer which is based on any defect in the quality or condition of the Goods shall (whether or not delivery is refused by the Customer) be notified to Get Fresh Cosmetics Ltd within 3 days from the date of delivery of (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery the defect or failure.  If delivery is not refused and the Customer does not notify Get Fresh Cosmetics Ltd accordingly the Customer shall not be entitled to reject the Goods and Get Fresh Cosmetics Ltd shall have no liability for such defect or failure and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

7.6     Where any valid claim in respect of any of the Goods which is based on any defect in the quality of condition of the Goods is notified to Get Fresh Cosmetics Ltd in accordance with these Conditions Get Fresh Cosmetics Ltd shall be entitled to replace the Goods free of charge or at Get Fresh Cosmetics Ltd’s sole discretion refund to the Customer the price of the Goods (or a proportionate part of the price) but Get Fresh Cosmetics Ltd shall have no further liability to the Customer.

7.7     Except in respect of death or personal injury caused by Get Fresh Cosmetics Ltd’s negligence Get Fresh Cosmetics Ltd shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit of otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Get Fresh Cosmetics Ltd their employees or agents or otherwise) which arise out of or in connection with supply of the Goods or their use of resale by the Customer except as expressly provided in these Conditions.

7.8     Get Fresh Cosmetics Ltd shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Get Fresh Cosmetics Ltd’s obligations in relation to the Goods if the delay or failure was due to any cause beyond Get Fresh Cosmetics Ltd’s reasonable control.  Without prejudice to the generality of the foregoing the following shall be regarded as caused beyond Get Fresh Cosmetics Ltd’s reasonable control:

7.8.1  Act of God explosion flood drought tempest fire or accident:

7.8.2  war or threat of war sabotage insurrection civil disturbance or requisition:

7.8.3  acts restrictions legislation regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority:

7.8.4  import or export regulations or embargoes:

7.8.5  strikes lock-outs or other industrial actions or trade disputes (whether involving employees of Get Fresh Cosmetics Ltd or of a third party):

7.8.6  difficulties or increased expense in obtaining raw materials labour fuel transport parts or machinery;

7.8.7  Power failure of breakdown in machinery.

 

Insolvency of Customer

 

This clause applies if:

8.1.1  the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction): or

8.1.2  an encumbrancer takes possession or a receiver is appointed of all or any of the property or assets of the Customer: or

8.1.3  the Customer ceases or threatens to cease to carry on business: or

8.1.4  Get Fresh Cosmetics Ltd reasonably apprehend that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

8.2     If this clause applies then without prejudice to any other right or remedy available to Get Fresh

Cosmetics Ltd, Get Fresh Cosmetics Ltd shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 

Data Protection Act 1998

9.1      We may transfer information about you to our financiers, who:

a)          may use, analyse and assess information about you, including the nature of your transactions, and exchange such information with other members of their group of companies and others for credit or financial assessment, market research, statistical analysis, insurance claim, underwriting and training purposes and in making payments and servicing their agreement with us;

b)         from time to time, may make searches of your record at credit references agencies where your record with such agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches;

c)          may give information about you and your indebtedness to the following:

i)                      our or their insurers for underwriting and claims purposes;

ii)                     any guarantor or indemnifier of your or our obligations to enable to them assess such obligations;

iii)                    their bankers or any advisers acting on their behalf;

iv)                    any business to whom your indebtedness or our arrangements with our financiers may be transferred – to facilitate such transfer;

d)         may monitor and/or record any phone calls you may have with them, for training and/or security purposes;

e)          in the event that they transfer all or any of their rights and obligations under their agreement with us to a third party, may transfer information about you to enable the third party to enforce their rights or comply with the obligations.

 

9.2     We will provide you with details of our financiers on request, including a contact telephone number if

you want to have details of the credit reference agencies and other third parties referred to above from whom they obtain and to whom they may give information about you. You also have a right to receive a copy of certain information they hold about you if you apply to them in writing. However a fee will be payable.

9.3     By ticking the box to sign up to our monthly promotions, you allow us to use open Tracking to monitor

            and improve your email experience.