BEAUTY ICON TERMS OF BUSINESS FOR THE SUPPLY OF GOODS

These Terms of Business (“Terms”) govern the relationship between the Customer and Beauty Icon Limited.
By submitting an Order on the Website you, the Customer agree to be bound by these Terms.

Definitions
In these Terms the following words and expressions have the following meanings:
1. “Acceptance” means an Electronic Communication accepting the Order.
2. “Beauty Icon” means Beauty Icon Limited (company number 06245316) whose registered office is at Dallam Court, Dallam Lane, Warrington, Cheshire, WA2 7LT;
3. “Contract” means the sale and purchase of the Goods comprising the Order, these Terms (including Beauty Icon’s Privacy Policy) and our Acceptance (the consideration of which shall be payment of the Price in accordance with clause 4);
4. “Customer” means the person named on the Order submitted to Beauty Icon for whom Beauty Icon has agreed to provide the Goods in accordance with these Terms;
5. “Electronic Communication” means an electronic communication by email;
6. “Goods” means any goods (including Bespoke Goods) supplied to the Customer by Beauty Icon or in respect of which Beauty Icon provides any service.
7. “Order” means the order to purchase the selected Goods submitted by you, the Customer via the Website;
8. Payment Processor” means such processor as shall be used by Beauty Icon from time to time;
9. rice” means the price of the Goods plus any other expenses and incidental costs as set out in the Published Literature from time to time including all delivery costs.
10. “Published Literature” means the Website, brochures and other information documents containing details of the Beauty Icon Goods being offered and any other information that may be relevant to Customers and prospective customers from time to time;
11. “Website” means the Beauty Icon website whose URL is http://www.beautyicon.co.uk.
12. “Working Day” is any day other than weekends and bank or other public holidays in England;
Interpretation
1. Clause headings are for ease of reference only and do not affect interpretation.
2. Any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation made under it.
Order and Supply of the Goods
1. The Customer shall place an Order with Beauty Icon by
  1. Completing the order form and clicking on the “Submit” button at the bottom of the order form; and
  2. By paying the appropriate Price to the Payment Processor.
2. You, the Customer shall be responsible to identify any errors and to correct them prior to placing the Order. All information submitted by the Customer must be adequate, relevant and up to date.
3. Following receipt of the Order by the Customer Beauty Icon will acknowledge receipt of same on the Website and by Electronic Communication. The Customer may also receive an acknowledgment of payment of the Price from the Payment Processor.
4. Acknowledgment of the Order or of Payment shall not constitute Acceptance by Beauty Icon. No Order submitted by you, the Customer, shall be deemed to be accepted by Beauty Icon unless and until Beauty Icon confirms its Acceptance.
5. Following Acceptance of the Order by Beauty Icon, Beauty Icon shall deliver to the Goods to the Customer.
6. The Goods shall be provided in accordance with the Published Literature relating to the Goods from time to time and subject to these Terms.
7. Beauty Icon reserves the right to substitute products of a similar description and standard if the requested Goods are not available but will use reasonable endeavours to match the Customer’s Order exactly. In the unlikely event of the Customer receiving a substituted product, the Customer shall be entitled to return the Goods for a full refund within 7 days from the date of delivery, should the substituted product not be acceptable to him/her.
8. Beauty Icon reserves the right to refuse any Order placed by the Customer and will not be required to provide any explanation.
Price and Payment
1. The Customer shall pay the Price quoted on the Order upon submission of the Order via the Payment Processor which shall be in pounds sterling and which shall include VAT.
2. Payment will be charged to the credit/debit card account provided by the Customer on the Order form.
3. By placing an Order, you, the Customer, consent to payment being charged to your credit/debit card account as provided on the Order form.
4. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer’s payment card is refused or does not, for any reason, authorise payment to Beauty Icon or to the Payment Processor at any time (whether in advance or subsequent to a payment), Beauty Icon shall not be liable for any delay or non-delivery.
5. Beauty Icon is not obliged to provide particular Goods to you, the Customer where you have not paid the Price in the Order in accordance with Clause 4.1.
6. Beauty Icon reserves the right, by giving notice to you, the Customer, at any time before delivery of the Goods to increase the price of the Goods to reflect any increase in the cost to Beauty Icon which is due to any factor beyond its control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).
7. In the unlikely event of there being an increase in the price of the Goods, you, the Customer, shall be entitled to cancel the order in accordance with clause 11.
5 Delivery
1. The Goods will be delivered to you, the Customer, at the address provided by you on the Order form and in accordance with the delivery options selected by you in the Order.
2. Beauty Icon reserves the right to deliver Orders in two parts or more.
3. Any dates quoted for delivery of the Goods are approximate only and Beauty Icon shall not be liable for any delay in delivery of the Goods however caused. If, however, Beauty Icon is unable to deliver the Goods by the date quoted for delivery to you you shall be entitled to cancel the order at any time before delivery takes place.
4. Sometimes a signature is required at delivery. By placing an Order you, the Customer, are authorising us to accept signature from another person to sign for the goods if you are not present at the time of delivery.
5. Beauty Icon shall not be liable to you, the Customer, for short delivery of the Goods however caused but Beauty Icon shall provide you with the outstanding Goods as soon as is reasonably practicable. If however, Beauty Icon has not delivered the outstanding Goods within 7 days from the first date of delivery you, the Customer, shall be entitled to cancel the order for the outstanding Goods.
6. The Customer should note that Beauty Icon is only able to deliver to locations within the United Kingdom at present.
Return of Goods
1. The Customer agrees to inspect the Goods as soon after delivery as is reasonably practicable and will notify Beauty Icon in writing of any shortages, defects in the goods or any other complaint in respect of them within 7 days from the date the goods were delivered.
2. SAVE IN RESPECT OF ANY DEFECTS, IF YOU, THE CUSTOMER, FAIL TO COMPLY WITH THIS CLAUSE, WE WILL NOT BE HELD LIABLE IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD.
Customer Warranty
1. You, the Customer, warrant that all details provided in the Order Form for the purpose of purchasing the Goods are correct, that the credit/debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods. Please refer to Beauty Icon’s Privacy Policy regarding the treatment of personal information.
Beauty Icon Warranty
1. Beauty Icon warrants to you, the Customer, that the Goods will be supplied to you using reasonable care and skill and, as far as reasonably possible, in accordance with the Order From and Published Literature and at the time or times referred to in the Order Form.
2. For the avoidance of doubt, Beauty Icon does not warrant that any Goods are appropriate for the specific requirement of the Customer.
Liability
1. EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY BEAUTY ICON’S NEGLIGENCE, OR AS EXPRESSLY PROVIDED IN THESE TERMS, BEAUTY ICON SHALL NOT BE LIABLE TO YOU, THE CUSTOMER BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT) OR ANY IMPLIED WARRANTY CONDITION OR OTHER TERM OR ANY DUTY AT COMMON LAW OR UNDER THE EXPRESS TERMS OF THE CONTRACT FOR ANY LOSS OF PROFIT OR ANY INDIRECT SPECIAL OR CONSEQUENTIAL LOSS DAMAGE COSTS EXPENSES OR OTHER CLAIMS (WHETHER CAUSED BY THE NEGLIGENCE OF BEAUTY ICON, ITS SERVANTS OR AGENTS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE GOODS, AND THE ENTIRE LIABILITY OF BEAUTY ICON UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE AMOUNT OF THE PRICE FOR THE SELECTED GOODS, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.
2. Beauty Icon 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 its obligations in relation to the Contract and for the avoidance of doubt time shall not the of the essence in the Contract.
3. For the avoidance of doubt, nothing in these Terms shall affect the Customer’s statutory rights.
Intellectual Property
1. The copyright in the material contained in the Website and any trademarks, domain names and brands (whether registered or unregistered) included in that material belongs to Beauty Icon Limited.
2. You may download or copy the content of other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
Cancellation
1. The Customer may cancel the Order at any time within 7 days of receipt of the Goods by notice in writing referring to this clause.
2. If the Goods have not been dispatched upon cancellation, Beauty Icon will cancel the Order. Where the Goods have already been dispatched to the Customer upon cancellation and Beauty Icon is unable to stop the delivery, you, the Customer, can refuse to sign for the delivery and Beauty Icon will refund the Customer in accordance with clause 12 below.
3. Please note that in some circumstances (such as when products form part of a gift set), the Customer may not be able to cancel part of an order.
Refund
1. In the event that Customer cancels the Order in accordance with clause 11, Beauty Icon shall as soon as practicable refund the Price to the Customer (“the Refund”) by the original payment method PROVIDED THAT the Goods shall be returned by the Customer to Beauty Icon
  1. Unwrapped, unopened and unused (unless the Goods are faulty); and
  2. Within 7 days of notification of the cancellation to Beauty Icon; and
  3. At the following name and address: Beauty Icon Limited 1 Dallam Court, Dallam Lane, Warrington, Cheshire, WA2 7LT
2. It is the Customer’s responsibility when returning any Goods to Beauty Icon:-
  1. To pay the charges for transport, packaging and insurance; and
  2. To ensure that a certificate of posting and delivery is obtained when returning the Goods.
3. The Customer shall have a duty to keep the Goods in your possession and to take reasonable care of them until they are returning to Beauty Icon.
4. For the avoidance of doubt, Beauty Icon shall not refund delivery charges.
Website
1. Beauty Icon will attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions arising at any time. Beauty Icon will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
2. All drawings, descriptive matter and specifications of the Goods on the Website are for the sole purpose of given an approximate description of the Goods.
3. Beauty Icon may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability.
Title to the Goods
1. Beauty Icon will retain the legal ownership of the Goods until full payment has been made by the Customer and such payment has been received by Beauty Icon. Legal ownership of the Goods will immediately revert to Beauty Icon if a refund of any such payment is made to the Customer in accordance with the Terms.
Risk to the Goods
1. Risk and damage to or loss of the Goods shall pass to the Customer at the time of delivery of the Goods to the Customer.
General
1. Data Protection
  1. In accordance with the Data Protection Act 1998, Beauty Icon is required to obtain the Customer’s consent to process data provided by the Customer in the Order Form.
  2. Beauty Icon undertakes to process the Customer’s personal data in compliance with the Data Protection Act 1998 and its Privacy Policy in force from time to time.
  3. The Customer hereby consents to the processing and use by Beauty Icon of personal data given by the Customer under these Terms in accordance with Beauty Icon’s current privacy policy unless the Customer has indicated otherwise to us in writing.
2. Entire Agreement
  The Contract shall constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Notices
  1. Any notice required or permitted to be given by either party to the other under the Contract shall be sent by first class mail air mail or Electronic Communication and shall be addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
  2. Notices sent in accordance with clause 15.3.1 above shall be deemed to be received three Working Days after the day of posting (in the case of inland first class mail), seven days after the date of posting (in the case of airmail) and on the day it was sent (in the case of a electronic communication).
4. Assignment
  Beauty Icon reserves the right to assign any of its obligations under these Terms without the prior agreement of the Customer
5. Waiver
  No failure or delay by either party in exercising any of its rights under these Terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
6. Severance
  If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
7. Force Majeure
  Beauty Icon shall not be liable in any way to perform, or delay in performing its obligations under these Terms if the failure or delay is due to causes outside its reasonable control.
8. Third Parties
  For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision in this Contract this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its terms.
9. Law and Jurisdiction
  The validity, construction and performance of these Terms shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
Queries and Complaints
1. Beauty Icon aims to respond to e-mail, faxed and written queries within 48 hours. In the event of any queries or complaints, please contact us at http://www.beautyicon.co.uk/contact.asp

These Terms are the copyright of Beauty Icon Limited. Further information on Beauty Icon Limited can be found on the Website.