Terms and Conditions for MakeupBrushes.co.uk
1. About Us
This website (http://makeupbrushes.co.uk) is owned and operated by:
NDistribution Limited, Unit 1-2 Phoenix Workshops, Station Road, Mochdre, Colwyn Bay, LL28 5EF UNITED KINGDOM
VAT number: 128 031 348
Registered Company in England & Wales: 7915989
If you need to contact us for any reason at any time, please use the below methods:
Telephone: 0800 056 3905 (free to call from BT landlines)
In accordance with the Consumer Rights Directive, you can contact us without charge by email, or by calling our 0800 number from a BT landline (please note: calls to our 0800 number from a mobile phone may incur a charge, charges vary from network to network).
2. Forming A Contract With Us
2.1 When you place an order with us, you are making an offer to buy goods. We will send you an email to confirm that we have received your order.
2.2 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an email confirming acceptance of your order, and there will be no contract between us.
2.3 Once we have received, reviewed and processed your order, we will email you again to confirm when your item has been dispatched, and that a contract has been made between us.
2.4 Images of products on this website are for illustrative purposes only. Your goods (including packaging) may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled they may require assembly by you.
2.5 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.
2.6 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.7 One voucher code per order may be redeemed here on our website. Voucher codes cannot be "stacked" and a maximum of one code per customer per transaction may be used.
2.8 This contract is covered by English & Welsh law.
3. How To Order With Us
3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time. Unfortunately we are only able to take orders via our website, we cannot take orders via telephone.
3.2 Carriage charges will be shown prior to you placing your order (all items come with free 1st Class Royal Mail delivery in the UK, this can be upgraded to Royal Mail Special Delivery for an additional fee).
3.3 You are required to pay for the goods in full at the time of ordering.
3.4 We use secure payment facilities for online purchases via the WorldPay service. You can pay for your order by Visa, Mastercard or PayPal.
3.5 Promotional prices only apply during the period stated.
3.6 All prices quoted on our website are in UK pounds and include Value Added Tax at the current rate.
3.7 All prices quoted on our website are final prices in UK pounds. Unless you opt for Royal Mail Special Delivery on checkout, there are no additional costs or fees for you to pay.
3.8 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
3.9 Once your order is complete, we will notify you when the order has been dispatched by us.
4. Delivery & Carriage Charges
4.1 Goods will normally be dispatched from our warehouse within one working day, and any estimated dispatch date is an estimate, which can change without notice.
4.2 We will normally deliver goods within 1-3 working days of dispatch.
4.3 Your order may arrive in more than one delivery.
4.4 We can deliver all of the products here on our website to anywhere in the United Kingdom and Europe. We do not ship to countries outside of Europe.
4.5 We will deliver the goods to the premises you specify on your order. You must be at home to accept delivery of your order (when the value of your order is over £11, or you have selected the Special Delivery method), which is normally between 9:00am and 6:00pm Monday-Friday.
We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.6 The majority of our products are small and light, they can usually be posted through a standard letterbox (unless a signature is required).
4.7 Disposal of packing materials is your responsibility.
4.8 After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to us, and we reserve the right to charge you an additional re-delivery charge.
4.9 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
4.10 Please check the goods on delivery - any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within seven days from the date you receive the items.
4.11 If the goods are lost or damaged in transit, please let us know promptly. According to the Consumer Rights Directive, Sellers must deliver goods to customers within 30 days of the contract being formed. While we make every effort to ensure your item arrives promptly, factors outside of our control can occasionally dictate that items are lost or delayed (i.e., delays in the postal service). Please informed us if your item has not arrived after 21 days of the contract being formed so that we can look into this promptly for you.
4.12 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the goods. Please tell us about any special delivery requirements or conditions when you place your order.
4.13 Sometimes, for reasons beyond our control, we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
4.14 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
4.15 Free Royal Mail 1st Class delivery in the UK is available on all orders.
5. Cancellation & Returns
5.1 This policy does not apply to goods ordered by businesses which are exempt from the Consumer Rights Directive.
5.2 You can cancel your cancellation request at any time up to 28 days after the day of delivery (this is the “cooling off” period). To do this, please email or write to us by post. We are unable to accept cancellations by phone.
5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
5.4 If you cancel, you must return the goods within 30 days of cancellation, complete with the original packaging to us and/or our supplier (or any other UK address specified by us), at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.5 You may properly examine the goods for 30 working days, however you may not return any goods that have been opened, worn or otherwise used (this applies to all makeup brushes, eyelashes, lash tints, brow products and lash adhesive that we stock). Faulty goods must be reported to us before they're worn or used. This is for hygiene reasons, there will be no exceptions.
5.6 If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
5.7 We will refund all monies paid to us by you including any postage/carriage within 14 days of receiving the cancelation notification, less any costs due under this contract. Before processing a refund, we require evidence that the item has been returned to us (in the event that we do not receive it). Satisfactory evidence includes: A signed, stamped Royal Mail proof of postage (obtained when posting your item from a Post Office), and/or a Royal Mail tracking code for the Royal Mail Signed-For service or the Royal Mail Special Delivery service.
5.8 Where goods are deemed faulty, or the incorrect goods have been sent to you, we will cover the cost of return carriage. Where you are returning goods in order to exchange for a different style, size or colour - or you are returning goods because you have changed your mind, you will be liable to cover the cost of return postage/carriage to us in full.
5.9 The majority of our items can be returned by purchasing a standard Large Letter Stamp from the Royal Mail. For example, the cost of returning one box of eyelashes or makeup brush to us by Royal Mail 1st Class Large Letter would be £0.93. Items bigger than 35.3cm (long), 25cm (wide) or 2.5cm (thick), or items heavier than 750g, may not be returned by Large Letter delivery - they must be returned by Royal Mail Small, Medium or Large Parcels. Please refer to the size guidelines outlined in this Royal Mail document
for clarification of the cost of returning goods to us that are bigger or heavier than a standard Large Letter.
5.8 Business customers, or customers exempt from the Consumer Rights Directive may not cancel an order without our mutual agreement.
This cancellation policy does not affect your legal rights - for example, if goods are faulty or misdescribed.
6. Faulty Goods/Guarantee
6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. It’s helpful if you can provide us with a photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.
6.2 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked.
The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
7.1 The products sold on this website have been designed and tested to ensure that they comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside of the UK.
7.2 We do not accept liability for any consequential loss of profit or indirect losses. You should therefore not book application of the goods until you have received them and inspected them.
7.3 Some products we stock, if not used correctly, could lead to injury. We are not liable for ensuring that the product is used in line with the manufacturers recommendations and instructions, and any injury arising from the use of the products we stock is not our responsibility. Always read the application and care instructions carefully prior to using your product(s). If the product(s) do not come with application and/or care instructions, please contact us immediately so we can arrange a return for you.
8. Trade/B2B Customers
The following conditions apply to orders placed by Trade or Business Customers.
8.1 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by a Director of our company. We reserve the right to make cancellation and/or re-stocking charges.
8.2 Claims for missing or damaged items must be made within 2 days of delivery.
1.1 This disclaimer shall govern your use of our website.
1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
2. Copyright notice
2.1 Copyright (c) 2016 NDistribution Limited t/a MakeupBrushes.co.uk
2.2 Subject to the express provisions of this disclaimer:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website,
subject to the other provisions of this disclaimer.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Limited warranties
5.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
5.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
5.3 To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
6. Limitations and exclusions of liability
6.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in this disclaimer:
(a) are subject to Section 6.1; and
(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
6.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
6.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
6.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
6.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
7.1 We may revise this disclaimer from time to time.
7.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.
8.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
8.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
9. Law and jurisdiction
9.1 This disclaimer shall be governed by and construed in accordance with English and Welsh law.
9.2 Any disputes relating to this disclaimer shall be subject to the jurisdiction of the courts of England and Wales.