MAKEUP54’S AGREED TERMS AND CONDITIONS OF SALE
1 ABOUT THESE TERMS
1.1 Application of these Terms & Conditions.
These agreed Terms & Conditions of Sale (“Terms & Conditions”) will apply whenever we supply products through our website, www.makeup54.com (“Website”), or otherwise. Our Website allows us to sell cosmetic products and tickets for our events (“Products”) to individual customers for personal use.
1.2 Why you should read these Terms & Conditions.
Please take your time to read these terms before you order any Product from us. These Terms & Conditions will inform you about our company, how we will
fulfil our contract with you, your rights and ours in relation to this contract, and other relevant information. By ordering a Product, you agree that you have read,
2 ABOUT US
2.1 Company details.
Makeup54 (referred to in these Terms & Conditions as “Makeup54”, “we”, or “us”), is a company registered in England and Wales, whose registered number
is 09971131, and whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU. Our main trading address is 20-22 Wenlock Road, London, England, N1 7GU. Our VAT number is 294 0214 17. We operate the website www.makeup54.com.
2.2 Contacting us.
To contact us, please email: firstname.lastname@example.org.
3 YOUR ORDER
3.1 Order acceptance.
Our acceptance of your order will take place when we email you to inform you that we accepted it, at which point an Agreement will come into existence between you and us.
3.2 Order rejection.
If we are unable to accept your order, we will inform you of this and will not charge you for the Product or if we have charged you, we will provide you with a full refund. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, because we do not deliver to your location or because we are unable to meet a delivery deadline you have specified.
3.3 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 about your order.
3.4 Geographic limitation.
Our Website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4 MAKEUP54’S PRODUCTS
4.1 Product price.
The total price of the Product or Products will be as displayed to you on the Website.
4.2 Variation in 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 a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
4.3 Variation in packaging.
The packaging of the Product may vary from that shown in images on our Website.
4.4 Product instructions.
Our cosmetic Products are intended to be used strictly in accordance with their accompanying instructions and precautions. Please ensure that you read the Product instructions before using a cosmetic Product.
4.5 Product ingredients.
Please ensure that you read the cosmetic Product’s ingredients to avoid any potential allergic reactions. If you have any medical concerns about whether you should use or continue using one of our Products, please consult with your physician. We cannot offer professional medical advice to you regarding the use of any Product.
4.6 Event tickets.
Some of the Products sold on our Website are event tickets. For these, the following conditions apply:
(a) The ticket holder undertakes to observe and abide by these Terms & Conditions, and by any additional directives and statements of Makeup54 at all times. All directives and statements printed on the event tickets and posted or announced at the event form part of these Terms & Conditions. We reserve the right to refuse admission or to eject an offender in case of a breach of these Terms & Conditions.
(b) Makeup54 reserves the right to amend event schedules, timings, and advertised programme content, without prior notice and without liability. The event ticket may entitle you to receive a complimentary cosmetic Product(s) at the event. Please be advised of Clauses 4.4 and 4.5 for the proper precautions to take before using our cosmetic Products.
5 MAKEUP54’S RIGHTS TO MAKE CHANGES
5.1 Minor changes to the Products.
We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address packaging issues. These changes will not affect your use of the Product.
5.2 More significant changes to the Products and these Terms & Conditions.
In addition, as we informed you in the description of the Product on our Website, we may make changes to these terms or the Product, but if we do so we will notify you and you may then contact us to end the Agreement before the changes take effect and receive a refund for any Products paid for but not received.
6 SHIPPING AND HANDLING
6.1 Delivery costs.
The costs of delivery will be as displayed to you on our Website.
6.2 Delivery timeline.
We will deliver our Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. In case of event tickets, you will receive a confirmation order with the ticket in your email after making the purchase.
6.3 Delays outside our control.
If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we 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 Agreement and receive a refund for any Products you have paid for but not received.
6.4 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, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
6.5 If you do not re-arrange delivery.
If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Agreement and Clause 9.2 will apply.
6.6 Responsibility for the Products.
A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collect it from us.
6.7 Transferral of ownership.
You own a Product which is goods once we have received payment in full.
6.8 Incomplete information.
We may need certain information from you so that we can supply the Products to you. If so, this will have been stated our Website. We will contact you in writing to ask for this information or it will be required for you to provide it during the online purchase process. If you do not give us this information immediately upon request, or if you give us incomplete or incorrect information, we may refuse to enter into an Agreement, end the Agreement (and Clause 9.2 will apply) or, where appropriate, make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.9 Reasons for suspension of delivery.
We may have to suspend the delivery of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product as notified by us to you; or
(d) deal with the Product’s manufacturers and/or suppliers.
6.10 Consumer rights in case of suspension of delivery.
We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You will not be required to pay for Products while they are suspended.
7 MAKEUP54’S CANCELLATION POLICY
7.1 Consumer cancellation rights.
Your rights to return the Product and cancel the Agreement will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Agreement:
(a) Faulty or misdescribed Products. If what you have bought is faulty or misdescribed you may have a legal right to end the Agreement (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 10;
(b) If you want to end the Agreement because of something we have done or have told you we are going to do, see Clause 7.2;
(c) If you have just changed your mind about the Product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 7.6.
(e) Except for cases under Clause 7.2, we cannot cancel an order once it is placed, but you will be able to receive refund by returning the Product once you receive it as per Clauses 7.3 and Clause 10.
7.2 Something we have done or have told you we are going to do.
If you are ending an Agreement for a reason set out at (a) to (e) below the Agreement will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation.
The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
(e) you have a legal right to end the Agreement because of something we have done wrong.
7.3 Exercising your right to change your mind.
Under the Consumer Contracts Regulation 2013, for most Products bought online you have a legal right to change your mind within 14 days (cooling off period) and receive a refund. These rights are explained in more detail in the following terms.
7.4 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:
(a) tickets, once the event for which the ticket was purchased has occurred, even if the cancellation period is still running;
(b) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) any Products which become mixed inseparably with other items after their delivery.
7.5 Duration of right to cancel.
7.5 Duration of right to return Products and cancel.
(a) Purchase of tickets.
If you purchase an event ticket, you have 14 days after the day we email you to confirm we accept your order. However, once the event for which the ticket was purchased has occurred you cannot change your mind, even if the period is still running.
(b) Purchase of goods.
If you purchase goods, you have 14 days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
7.6 Makeup54 is faultless and cooling-off period expired.
After the cooling-off period and where Makeup54 is faultless the Agreement can’t be cancelled anymore.
8 CANCELLATION AND RETURNS PROCESS
8.1 How to cancel the Agreement and/or request a refund.
To request a refund for returned Products and/or end the Agreement with us, please let us know by doing the following:
Email customer services at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning Products.
If you end the Agreement for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 20-22 Wenlock Road, London, England, N1 7GU or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the Agreement.
8.3 Return costs.
We will pay the costs of return:
(a) if the Products are faulty or misdescribed; or
(b) if you are ending the Agreement because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 Method of refunding.
We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Refund deductions.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9 MAKEUP54’S RIGHTS TO END THE AGREEMENT
9.1 Termination due to breach.
We may end the Agreement for a Product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
(b) you do not, within a reasonable time, allow us to deliver the Products to you.
9.2 Compensation for breach.
If we end the Agreement in the situations set out in Clause 9.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Agreement.
10 MAKEUP54’S COMPLAINT POLICY
10.1 How to file a complaint.
We are under a legal duty to supply Products that are in conformity with this Agreement. If you have any questions or complaints about the Product, please contact us. You can write to our customer service team at email@example.com.
10.2 Your obligation to return rejected Products.
If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us. We will pay the costs of postage. Please email us at firstname.lastname@example.org for a return label.
11 PRICE AND PAYMENT
11.1 Product pricing.
The price of the Product, inclusive of VAT, will be the price indicated on the order pages of the Website when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct, but we also reserve the right to alter our Product prices at any time. Please see Clause 11.3 for what happens if we discover an error in the price of the Product you order.
11.2 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.
11.3 Price inaccuracies.
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 for your instructions before we accept your order. Please be informed that if we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Agreement, refund you any sums you have paid and require the return of any goods provided to you.
11.4 Methods of payment.
We accept payment through any of the payment methods displayed on the order page. All Products sold on our Website are payable over the internet at the time of purchase. All card payments are subject to authorisation by the card issuer.
11.5 Payment details.
During the checkout process, you will be asked to provide your payment details. You must complete all required fields for the order to be accepted. This information will be collected, stored and used in accordance with our Cookies and Privacy Policies.
12 RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE CONSUMER
12.1 Responsibility for foreseeable losses.
If we fail to comply with these Terms & Conditions, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking this Agreement 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 Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 Losses that are unlawful to exclude.
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 that are: as described and match 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, where installed by us, correctly installed; and for defective Products under the Consumer Protection Act 1987.
12.3 No business use.
We only supply the Products for domestic and private use, and you acknowledge that you shall only use it for that purpose. You are prohibited from using the Products for any commercial, business or resale purpose. If, despite this prohibition you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and you may be pursued for breach of Agreement with us.
13 USE OF PERSONAL INFORMATION
13.1 Use of personal information.
14 OTHER IMPORTANT TERMS
14.1 Trader assignment.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement. If you are unhappy with the transfer you may contact us to end the Agreement within 10 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
14.2 Assignment of rights by the consumer.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Third Party Rights.
These Terms & Conditions are agreed between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Agreement or make any changes to these terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 No waiver of rights.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching these Terms & Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
14.6 Entire Agreement.
These Terms and Conditions and any document expressly referred to in them set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
14.7 Governing law and jurisdiction.
These Terms & Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by English law. The courts of England and Wales shall have jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with this appointment or its subject matter or formation.