The following Terms and Conditions apply to all transactions on the AM Cosmetics web site. By placing an order you indicate your acceptance of these conditions.
Your use of the AM Cosmetics website is conditioned upon you compliance and acceptance of these terms. In other words, we reserve the right to refuse service and access to the AM cosmetics website to anyone,or any company, without explanation.
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, 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 buyer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representative of the Buyer and the Seller.
2.3 The Sellers employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer 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 the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application of use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyers own risk, and accordingly the Seller shall not be liable for any 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 the Seller shall be subject to correction without any liability on the part of the Seller.
2 BASIS OF THE SALE
Discounts for multiple purchases are now available on selected products on the website. In order to claim this discount from your order, please choose which minimum quantity you require carefully. NO RETROSPECTIVE DISCOUNT WILL BE GIVEN. If the same product is ordered more than once with different prices, an average cost will automatically be calculated. This is an automated system, therefore it is the responsibility of the customer to select the correct products prior to payment.
3 ORDERS AND SPECIFICATIONS
3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.2 The quantity, quality and description of any specification of the Goods (including any packaging specification) shall be those set out at the Sellers quotation (if accepted by the Buyer) or the Buyers order (if accepted by the Seller).
3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the seller and on terms that the Buyer shall indemnify the seller in full against all loss (including loss of profit), costs (including the cost if all labour and materials used), damages, charges and expenses incurred by the seller as a result of cancellation. (Cancellation of goods within 90 – 30 days of delivery will be charged at 10% of the value of the goods. Goods cancelled within 30 days of delivery will be charged at 20% of value of the goods).
3.4 Minimum UK Order Value is £250 +VAT + Postage & Packing
3.5 Minimum Non UK Order Value is £250 + Postage & Packing +VAT (where applicable)
3.6 The Seller does not sell goods on a sale or return basis. However, if a product is faulty, please contact the seller within 5 working days of order receipt.
3.7 Where products are requested for return, all return postage costs are borne by the Buyer.
3.8 In the case of faulty goods the value of return postage may be borne by the Seller, but this must be confirmed in writing. Once we receive the goods, a credit will be put onto your account to be used against your next order. This credit will expire after 3 months.
3.9 Some items sold on the website marked as Testers/Gift With Purchase(GWP)/Not for Sale/Not for Individual Sale/Sample may be sold on our site. Any price associated with these products is solely representative of a handling cost on the product and Terms and Conditions associated with the product should be adhered to as indicated on the product and/or product packaging.
4 PRICE OF THE GOODS
4.1 The price of the Goods shall be the sellers quoted price or, where no price has been quoted (or a quoted price is no longer valid) the price specified in the sellers published special offer literature current at the date of acceptance of the order. Where the Goods are supplied for export from the United Kingdom, the price of the Goods shall be the Sellers quote price. All prices quoted are valid for 30 days or until earlier acceptance by the Buyer after which time they may be altered by the Seller without giving notice to the Buyer.
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the seller (such as, without limitation, any foreign exchange fluctuation, currency regulation- alteration of duties, significant increase in the cost of labour, materials or other costs of manufacture) any change in delivery dates quantities or specification of the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.3 Except as otherwise stated under the terms of any quotation or in any special offer literature published by the seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Sellers premises, the Buyer shall be liable to pay the Seller's charges for transport, packaging and insurance.
4.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay the Seller.
4.5 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.
4.6 All product prices are in UK sterling (£) + VAT at the current UK rate and exclusive of delivery. We reserve the right to change any advertised price before accepting an order. All products are subject to availability and may be withdrawn at any time. If your order cannot be fulfilled you may be offered an alternative or given a refund for the unavailable product(s).
4.7 Discounts for multiple purchases are now available on selected products on the website. In order to claim this discount from your order, please choose which minimum quantity you require carefully. NO RETROSPECTIVE DISCOUNT WILL BE GIVEN. If the same product is ordered more than once with different prices, an average cost will automatically be calculated. This is an automated system, therefore it is the responsibility of the buyer to select the correct products prior to payment.
4.8 Prices shown exclude VAT. VAT at the current UK rate is applicable to all UK Buyers. VAT is also applicable to EU buyers where a valid EU VAT/Tax ID is not supplied. If you are a European buyer with a valid VAT please let us have a scan of your VAT certificate. If we are unable to fully validate your VAT status then VAT will be charged.
4.9 For non UK Buyers, if the Seller is shipping the goods to a non EU destination then VAT will not be charged. If the Buyer is transporting the goods, VAT will be charged and a credit given once an official document is provided proving the order has left the EU by authorised shippers.
5 TERMS OF PAYMENT
5.1 All goods sold on AM Cosmetics are sold on a Pro Forma basis.
5.2 Any payments by credit card must be secured using a secure method of Verified by Visa or Mastercard Securecode.
5.2.1 For Pro Forma payments, the Buyer shall pay the price of the Goods without any deduction within 7 days of the date of the Issued date.
5.3 The Buyer shall pay the price of the Goods in accordance with the provision of clause. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.4 If the Buyer fails to make any payments on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
5.4.1 Cancel the Contract or suspend any further deliveries to the Buyer.
5.4.2 Appropriate any payment made by the Buyer to such of the Goods (or the Goods supplied under any other Contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer).
5.5 Credits for any credit card orders will be issued via our Payment Processor when the order is despatched. This may take up to 7 working days to show on your statement.
5.6 Pro Forma bank payment credits will be allocated only for use against future orders. Any requested return of fund will be subject to processing costs which will be advise by the seller.
5.7 Any credits against your account must be used within 3 months of date of issue.
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place of delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
6.2 Unless confirmed, goods will only be sent to the authorised registered card address. Further checks will be required in order to send to any other address which may lead to delays in your order being processed. A signature will be required on delivery of the goods for all orders. Please make sure someone will be available to sign for parcels on delivery.
6.3 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay of the Goods however caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon given reasonable notice to the Buyer. Due to the nature of ordering on the Internet it is not possible for you to specify a delivery date.
6.4 The Seller shall have the right to deliver a quantity of Goods up to 20% greater or less than the Contract quantity and the Buyer shall accept so delivered provided that the price to be paid by the Buyer to the Seller for the Goods so delivered shall be adjusted upwards or downwards (as the case may be) by the same percentage as the percentage by which the quantity of Goods delivered differs from the Contract quantity.
6.5 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contact and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.6 If the Seller fails to deliver the Goods for any reason other than any case beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods.
6.7 If the Buyer fails to take delivery of the Goods or fails to give adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Sellers fault) then, without prejudice to any other right or remedy available to the Seller. The Seller may: -
6.7.1 Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.7.2 Sell the Goods at the best price readily obtainable and (after deducting reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall.
6.8 Where relevant the Buyer shall be responsible for complying with any legislation governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
6.9 Please note that goods are supplied ex works and are not insured by us in transit for loss and/or damage. It is the choice and responsibility of the Buyer to have insurance in place for this.
7 RISK AND PROPERTY
7.1 Notwithstanding delivery and the passing of risk in the Goods to the Buyer full ownership (both legal and equitable) in the Goods shall remain with the Seller until such time as the Seller has received in cash or cleared funds payments of the purchase price of the Goods and payment of the purchase price of any other Goods or services previously or subsequently supplied by the Seller to the Buyer whereupon such title shall pass to the Buyer.
7.2 The Buyer shall store the Goods separate from any other Goods of the Buyer and third parties and shall identify the Goods as the property of the Seller. The Buyer shall not remove any identifying marks placed on the Goods by the Seller.
7.3 Notwithstanding the retention by the Seller of legal title to the Goods, the risk of the Goods shall pass to the Buyer on delivery and the Buyer shall insure the same against loss or destruction with a reputable insurer and shall arrange for the Seller's interest in the Goods to be noted on insurance policies to the Goods.
7.4 The Buyer may exercise their right to sell the Goods as the fiduciary agent of the Seller in the usual course of the Buyer's business but such right: -
7.4.1 May be revoked at any time by the Seller giving notice to that effect if the Buyer is in default for longer that 7 days in the payment of any sum whatsoever due to the Seller (whether in respect of the Goods or of any other Goods or services supplied any time by the Seller to the Buyer or for any reason whatsoever) or if the Seller has bona fide doubts as to the solvency of the Buyer, and
7.4.2 Shall automatically cease if a receiver manager or administrator is appointed over the assets or undertaking of the Buyer, or any petition or order in bankruptcy against the Buyer is presented or made, or the Buyer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation while solvent) or calls a meeting of, or makes any arrangements or composition with creditors.
7.5 Upon determination of the Buyer's rights of sale under clauses 7.4.1 or 7.4.2 above, the Buyer shall place the Goods at the disposal of the Seller (who shall be entitled to enter any premises of the Buyer and remove the Goods from the said premises).
7.6 The Buyer 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 the Seller, but if the Buyer does the Buyer 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 the Seller but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8 WARRANTIES AND LIABILITY
8.1 The Seller does not manufacture Goods but simply sells on to buyers Goods acquired for such purposes from third party manufacturers. Accordingly, the Buyer shall only be entitled to the benefit of such warranty or guarantee in relation to the Goods as is given to the Seller by the manufacturer of the Goods.
8.2 Subject as expressly provided in these Conditions, and expect where the Goods are sold to a person dealing as a buyer (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.
8.3 Where the Goods are sold under a consumer transaction (as defined by the consumer transaction restriction on statements) Order 1976 the statutory rights of the Buyer are not affected by these Conditions.
8.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivered by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions the Seller shall be entitled to replace the Goods (or refund to the Buyer the price of the Goods for a proportionate of the price), but the Seller shall have no further liability to the Buyer.
8.6 Except in respect of death or personal injury caused by the Seller's negligence the Seller shall not be liable to the Buyer 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 or otherwise), costs, expenses or other claims for consequential compensation whatsoever and whether caused by the negligence of the Seller, its employees or agents otherwise which arise out of, or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions
8.7 All advertised products are genuine, but to find the best prices for our buyers we may occasionally sell stock originally intended for sale in other countries around the world, this means that trade names of products and packaging of products may differ from those on sale in the UK. These details will be identified clearly against the product description.
8.8 Some products may have an associated image or photo, these are for reference only and should be considered illustrative. In the case of unboxed items or testers the price of the equivalent regular goods may be shown for reference only. We do not supply any testers free of charge. Testers are the regular products quite often in a bottle / packaging marked as a tester. Some items may also be marked not for individual sale. By submitting you order to AM Cosmetics, you are confirming that you are aware of this fact and do not consider this to be a problem with ordering that product. We make every effort try to ensure all products marked as such are identified on the system.
8.9 All images and copy displayed on the AM Cosmetics web site are the property and copyright of AM Cosmetics Ltd. Reproduction or use by any third party is strictly prohibited. Images are for illustrative purposes only.
8.10 The Seller shall not be liable to the Buyer or be deemed to be in breach of Contract by reason of any delay in performing, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as cause beyond the Seller's reasonable control: -
8.10.1 Act of god, flood, tempest, fire or accident;
8.10.2 War or threat of war, sabotage, insurrection, civil disturbance, or requisition;
8.10.3 Acts, restriction, regulations, by-laws, prohibitions or measure of any kind on the part of the Government, parliamentary or local authority;
8.10.4 Import or export regulations or embargoes;
8.10.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
8.10.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
8.14 Power failure or breakdown in machinery
9 INSOLVENCY OF BUYER
9.1 This clause applies if: -
9.1.1 The Buyer makes any voluntary arrangement with it's creditors or becomes subject to an administration order, (being an individual or firm) becomes bankrupt (being company) goes into liquidation otherwise than for the purpose of amalgamation or reconstruction; or
9.1.2 On encumbrance takes possession, or a receiver is appointed to any of the property or assets of the Buyer or;
9.1.3 The Buyer ceases, or threatens to cease to carry on business or:
9.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2 If this clause is applied, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the buyer, 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.
10 SECURITY AND PRIVACY
10.1 We take all reasonable care, in so far as it is our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from AM Cosmetics.
11.1 Any notice or other document required to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may be at the relevant time have been notified pursuant to this provision to the party given the notice.
11.2 No waiver by the Seller of any breach of any provision of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provisions in question shall not be affected thereby.
11.4 The Contract shall be governed by the English law and you agree to submit any dispute to the exclusive jurisdiction of the English courts. All orders are subject to these terms and conditions, and no amendments will be accepted by us. AM Cosmetics, Long Row, Oakham, Rutland, LE15 6LN, England.
You may receive information relating to Am Cosmetics that is not known to the general public ("Confidential Information") via the website, email, telephone or conversation. Confidential Information includes, among other things, AM Cosmetics technology, facilities, methods, processes, assets, systems, business partners, investors, customers, vendors, business plans, marketing plans or data, finances and other information. Confidential Information may be contained in tangible materials such as drawings, websites, data, specifications, reports and computer programs, or may be in the nature of unwritten knowledge. This Confidential Information is essential to the effective operation of AM Cosmetics and gives AM Cosmetics a competitive advantage over the firms pursuing related business activities. As a growing, high technology company, AM Cosmetics must protect Confidential Information against unauthorized use and disclosure.
In consideration of AM Cosmetics Ltd's willingness to provide you with Confidential Information during your site visit, you agree that (i) all Confidential Information will remain AM Cosmetics exclusive property, (ii) you will use Confidential Information only to evaluate potential purchases with AM Cosmetics and agree not to trade securities based on that information, (iii) you will not disclose confidential Information to any individual, company or other third party, (iv) you will notify AM Cosmetics immediately upon discovery of any unauthorized use of disclosure of Confidential Information or any breach of this agreement, and, (v) upon AM Cosmetics request, you will deliver to AM Cosmetics all materials containing Confidential Information and, at our option, provide AM Cosmetics with a written certification of compliance. You also agree that you will not disclose information about AM Cosmetics that is confidential or proprietary to you or any other person or company.
If a provision of this agreement is held invalid under any applicable law, such invalidity will not affect any other provision of this agreement that can be given effect without the invalid provision. Further, all terms and conditions of this agreement will be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms or conditions to give them such effect.
AM Cosmetics is relying upon you promise to comply strictly with this agreement. Any violation of this agreement may cause substantial and irreparable harm to AM Cosmetics. Accordingly, without limiting any other available remedies, this agreement is specifically enforceable by AM Cosmetics.
Any failure by AM Cosmetics to enforce your strict performance of any provision of this agreement will not constitute a waiver of AM Cosmetics right to subsequently enforce such provision or any other provision of this agreement. By Signing in to the website you agree to the terms of this Non-Disclosure Agreement.