Supply of Products
1. These terms:
What these terms cover: These are the terms and conditions on which we supply products to you.
Why you should read them: These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us immediately. These terms may be updated from time to time and may change depending on the time in which you place your order. We suggest you always check our website and these terms to ensure you understand them prior to every order you make.
Are you a consumer or business customer? By purchasing the products from our site, you confirm that they are for professional use (where required). If you are outside the UK, then you may purchase the products for professional or personal use. Therefore, if you are based outside the UK, in some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer, this is our entire agreement with you: These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Notwithstanding the above, if you are a distributor, you may also be bound by the terms of our Distribution Agreement as agreed by all parties. To the extent there are any inconsistencies in these terms and the terms of the Distribution Agreement, then the terms of the Distribution Agreement shall prevail.
2. About us:
Company details: Dalí Artistic Products LTD (company number 13689910) (we and us), is a company registered in England and Wales and our registered office is 234 Derby Road, Bootle, Liverpool, Merseyside, England, L20 8LJ. We use the trading style Dalí Artistic. We operate the website www.daliartistic.co.uk.
Contacting us: To contact us email email@example.com. Ways in which you can raise a formal notice of any matter under the Contract are set out in clause 17.2.
3. Our contract with you:
Our contract: These terms and conditions (Terms) apply to the order by you and supply of products by us to you (Contract).
Language: These Terms and the Contract are made only in the English language.
Your copy: You should print a copy of these Terms or save them to your computer for future reference.
4. Placing an order on our website and its acceptance:
Placing your order: Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the products specified in the order (products) subject to these Terms.
Amending input errors: Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
How we will accept your order: Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order: We will inform you as soon as possible of this and will not charge you for the product. This might be as a result of several reasons including but not limited to, the product being out of stock, unexpected limits on our resources which we could not reasonably plan for, the credit reference we have obtained for you does not meet our minimum requirements, an error in the price or description of the product has been identified or the delivery deadline specified cannot be met. If you have already paid for the products, we will process a refund for the full order amount.
Your order number: We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us.
We try to keep our inventory status as current as possible, but in some cases, we may be out of stock of your item. If that is the case, we will notify you by email.
Email on dispatch and shipping. Emails will be sent to you when;
the products have been packed ready for dispatch and; the products have been sent out for delivery (see clause 7.2 below for further details).
5. Our products:
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’s display of the colours accurately reflects the colour of the products. The colour of your products may vary slightly from those images.
The packaging of your products may vary from that shown on images on our site.
We reserve the right to amend the specification of the products if required by any applicable statutory or regulatory requirement.
6. Return and refund:
We ensure all items that are posted to our customers are of the highest standard, but if there is ever a need to return an item, we do accept returns of damaged/faulty products, within 14 days of receiving your products. In order to return products, the following conditions must apply: items must not have been used and; the packaging of non-nail gel products must be undamaged.
Unfortunately, in the case of a return due to you changing your mind we offer and exchange/credit note only, shipping charges cannot be refunded, and you will be required to pay for the return shipping also. Should the return be due to faulty/damaged products your shipping will also be refunded.
We must be notified of all damages/faults and claims within 24 hours of receipt.
If you wish to exchange any colour choices after your order has been dispatched, you must return the bottles unopened and completely undamaged, for exchange at your cost to Dalí Artistic Products, 1-3 Dublin Street, Liverpool, L3 7DT. Once your order has been collected from us by our courier, you will not be able to cancel your order, unless faulty. Any authorised refunds will be returned to your method of payment and will be subject to the relevant clearance timeframes. If you wish to return an item, please notify us in writing using email firstname.lastname@example.org.
We would be grateful if you would return your items via recorded or tracked post, this is for your peace of mind, and ours. This is not a requirement by law, this is a courtesy request. Please note exchanges/refunds cannot be processed until we receive your returned items and confirm their integrity.
If you have returned the products to us under this clause because they are faulty or mis-described, we will refund the price of the products in full. Please allow 3-5 days for processing your refund.
If the products have been delivered to you before you decide to cancel the contract, then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.
Sale items: All goods purchased during any promotions are also returnable.
Personalised products cannot be returned.
We withhold the right to reject the return of any item we deem to have been used that is not faulty/damaged.
Discount Codes & Vouchers: Discount codes cannot be used in conjunction with any other offers and cannot be applied to sale items. However, vouchers can still be used against items during sales.
7. Delivery, transfer of risk and title:
Delivery costs: These will be as displayed on our website.
Once your products are ready for dispatch, our nominated courier or delivery organisation will contact you directly with an estimated delivery date. Please allow 1 to 10 working days estimated dispatch time. Should your order not arrive, please contact us, and we will investigate this matter; in certain circumstances, a full refund or a replacement may be offered once 15 days (for UK orders) has elapsed unless the problem can be identified sooner. Orders containing backordered products will dispatch once ALL products are available – should you require separate deliveries please contact us at email@example.com.
Delivery is complete once the products have been unloaded at the address for delivery set out in your order and the products will be your responsibility from that time. Once your products are dispatched you will be contacted by or chosen courier (currently DPD for all UK orders) and you can control the delivery yourself without the need to contact us further (please note this is only possible if we are provided with the correct mobile phone number and email address – emails can sometimes go automatically to junk so please check this).
You own the products once we have received payment in full, including all applicable delivery charges.
If you are not at home when the product is delivered: If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier/delivery driver will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery: The courier or we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
If despite reasonable efforts, we, or the courier, are unable to contact you or re-arrange delivery or collection, we may end the contract.
If we fail to deliver the products: our liability is limited to the cost of obtaining replacement products of a similar description and quality in the cheapest market available, whose price will be less than that of the products. However, we will not be liable if you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of products.
We are not responsible for delays outside our control: Occasionally our delivery to you may be affected by an event outside our control. If an event outside our control delays our supply of the products, then we (or our courier) will contact you as soon as possible to let you know, and we will take the appropriate steps to minimise the effect of the delay. Provided we (or our courier) do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8. International delivery:
We deliver to the countries listed on our website at check-out (International Delivery Destinations).
If you order products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. If you refuse to pay the charges levied by customs and excise and the products are returned to us then you will be liable for the return shipping fees, and these will be deducted from any refund due.
You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
9. Price of products and delivery charges:
Where to find the price for the product: The cost of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However, please see Clause 9.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT: If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full, before the change in the rate of VAT takes effect.
What happens if we got the price wrong?: It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you with further instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
The price of the products does not include delivery charges. Our delivery charges are as advised to you during the checkout process before you confirm your order.
10. How to pay:
You can only pay for products using PayPal, a debit card or credit card. We accept the following cards: Visa and Mastercard.
Any contract for purchases made through the website will be with Dalí Artistic Products LTD. We must receive payment of the whole of the price for the products that you order before your order can be accepted, and the contract formed.
To redeem a gift card, you must first open an account. The value of the gift card is only redeemable in products. Any unspent funds will show on your account as credit.
Payment for the products and all applicable delivery charges is in advance. We will charge your debit card or credit card before we dispatch your products.
11. If there is a problem with the product:
How to tell us about problems: If you have any questions or complaints about the product, please contact us. You can email us via the contact form on our website, email our customer service team using firstname.lastname@example.org.
12. Your rights in respect of defective products if you are a business:
If you are a business customer we warrant that on delivery of any products they shall: conform in all material respects with their description and any relevant specification; be free from material defects in design, material and workmanship; be of satisfactory quality (within the meaning of the Sale of Products Act 1979) and; be fit for any purpose held out by us.
Subject to clause 12.3, if: you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12. we are given a reasonable opportunity to examine such product; and you return such product to us, we shall, at our option, replace the defective product, or refund the price of the defective product in full including any delivery fees incurred by you in returning the products to us. Any refund (including delivery fees) shall be paid to you as credit to your account.
We will not be liable for a product’s failure to comply with the warranty in clause
12.1 if: you make any further use of such product after giving a notice in accordance with clause 12.2.1; the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the product or (if there are none) good trade practice; the defect arises as a result of us following any or specification supplied by you; you alter or repair the product without our written consent; or the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
Where, following examination of the product by us, we reasonably determine that the product’s failure was due to a matter listed in Clause 12.3 or the product is not faulty, we will return the products to you, at your cost, and no replacement or refund shall be available.
Except as provided in Clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 12.1.
These terms shall apply to any replacement products supplied by us under Clause
13. Our responsibility for loss or damage suffered by you if you are a consumer purchasing goods from outside the UK:
We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses: If you use the products for any commercial, business or re-sale purpose, our liability to you will be limited as set out in Clause
14. Our responsibility for loss or damage suffered by you if you are a business:
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in Clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to Clause 14.1: we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us and; our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.
15. How we may use your personal information:
Without limiting any of our other rights, we may suspend the supply or delivery of the products to you, or terminate the contract with immediate effect by giving written notice to you if: you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within five days of you being notified in writing to do so or; you fail to pay any amount due under the contract on the due date for payment.
Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
17. Communications between us:
When we refer to ‘in writing’ in these Terms, this includes email.
Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post, next working day delivery service or email.
A notice or other communication is deemed to have been received:
if delivered personally, with a signature of a delivery receipt or at the time the notice is left at the proper address;
if sent by pre-paid first class post or next working day delivery service, at 9.00 am on the second working day after posting or; if sent by email, at 9.00 am the next working day after transmission.
In providing 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 email, that such email was sent to the specified email address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer:
We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on our website if this happens.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Variation: Any variation of the Contract by you only has effect if it is in writing and signed by you and us (or our respective authorised representatives). We may amend or vary these terms, from time to time, in accordance with Clause 1.2.
Waiver: If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any request related to any later default by you.
Severance: Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third-party rights: The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction: This Contract is governed by English law, and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.