Terms & Conditions for Supply of Goods

1. Terms

  1. What these terms cover- These terms and conditions are the basis of which we supply the products to you. 

  2. Why you should read these terms and conditions – These terms explain how we will provide products to you, how we may end or change the contract, what to do if you have a problem and other important information. We may update these terms occasionally and may change depending on the time you place your order. We recommend that you check our website and these terms prior to every order you make to make sure that you understand them. 

  3. Are you a consumer or business customer? When purchasing products from us or our website, you confirm that you hold the relevant qualifications and/or that the products are for professional use.

  4. If you are a business customer, this is our entire agreement with you: These terms and conditions constitute the whole entire agreement between us in relation to your purchase. You acknowledge that you have not relied upon 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

  1. Company details: Pretty Offence Limited (company number 12040301), whose registered office is situate at The Stone Yard Halifax Road, Hipperholme, Halifax, United Kingdom, HX3 8HQ. We use the trading name Nailsonpoiint. 
  2. Contacting us: To contact us please email contact@nailsonpoiint.co.uk. 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

  1. Our contract: These terms and conditions (Terms) apply to the order by you and supply of products by us to you (Contract).

  2. Language: These Terms and the Contract are made only in the English language.

  3. 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

  1. To place an order on our website: Please follow the onscreen prompts to place an order, Each order is an offer by you to buy the products specified in the order subject to these Terms. 
  2. Amending input errors: The order process allows you to check and amend any errors in the order before submitting it to us. You are responsible for ensuring that you order submitted is complete and accurate. 
  3. 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.

  4. 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 apply a credit note for the full amount paid (including delivery fee) to your account.

  5. 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.

  6. 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.

5. Our Products

  1. Images: Although we have made every effort to display the colours of our products accurately on our website, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. The colour of our products may vary slightly for those images. The images are for illustrative purposes only. 

  2. The packaging of your products may vary slightly from the images show on our website. 

  3. We reserve the right to amend the specification of the products if required by any applicable statutory or regulatory requirement.

6. Return & Refund

  1. 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 in respect of damaged items only. In order to return products, the following conditions must apply:

    1. items must not have been opened or used and;
    2. the packaging of non-nail gel products must be undamaged.

  2. Unfortunately, shipping charges cannot be refunded on any refunds, and you will be required to pay for these.

  3. We must be notified of all damages and claims within 24 hours of receipt.

  4. You will not be able to cancel your order, unless faulty. Any authorised refunds will be in the form of a credit note. If you wish to return an item, please notify us in writing to our email contact@nailsonpoiint.co.uk.
  5. Sale items: All goods purchased during any promotions are not returnable unless faulty.

  6. 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 & Title

  1. Delivery costs: Will be as displayed on our website.

  2. 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.

  3. You own the products once we have received payment in full, including all applicable delivery charges.

  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, the courier/delivery driver may leave you a note informing you of how to rearrange delivery or collect the products from a local depot. This is your responsibility. 

  5. If you do not re-arrange delivery: The courier 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.

  6. 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.

  7. 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. Price of Products & Delivery Charges

  1. Where to find the price for the product: The cost of the product 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 8.3 for what happens if we discover an error in the price of the product you order.

  2. 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.

  3. 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.

9. How to Pay

  1. You can only pay for products using PayPal, a debit card or credit card. We accept the following cards: Visa and Mastercard.

  2. Any contract for purchases made through the website will be with Pretty Offence Limited, using the trading style Nailsonpoiint. 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.

  3. 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.

  4. 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.

10. If there is a problem with the product

  1. How to tell us about problems: If you have any questions or complaints about the product, please contact us. You can email us via contact@nailsonpoiint.co.uk.

11. Your rights in respect of defective products if you are a business

  1. If you are a business customer we warrant that on delivery of any products they shall:

    1. conform in all material respects with their description and any relevant specification;

    2. be free from material defects in design, material and workmanship;

    3. be of satisfactory quality (within the meaning of the Sale of Products Act 1979) and;

    4. be fit for any purpose held out by us.

  2. Subject to clause 11.3, if:

    1. you give us notice in writing within a reasonable time of discovery and delivery that a product does not comply with the warranty set out in clause 11.

    2. we are given a reasonable opportunity to examine such product; and

    3. 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.

  3. We will not be liable for a product's failure to comply with the warranty in clause 11.1 if:

    1. you make any further use of such product after giving a notice in accordance with clause 11.2.1;

    2. 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;

    3. the defect arises as a result of us following any or specification supplied by you;

    4. you alter or repair the product without our written consent; or

    5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

  4. Where, following examination of the product by us, we reasonably determine that the product’s failure was due to a matter listed in Clause 11.3 or the product is not faulty, we will return the products to you, at your cost, and no replacement or refund shall be available.

  5. Except as provided in Clause 11. we shall have no liability to you in respect of a product's failure to comply with the warranty set out in Clause 11.1.

  6. These terms shall apply to any replacement products supplied by us under Clause 11.2.

12. Our responsibility for loss or damage suffered by you if you are a business

  1. Nothing in these terms shall limit or exclude our liability for:

    1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

    2. fraud or fraudulent misrepresentation;

    3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

  2. Except to the extent expressly stated in Clause 11.1 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.

  3. Subject to Clause 12.1:

    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;

    2. 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.

13. How we may use your personal information

  1. We will only use your personal information as set out in our Privacy Policy.

14. Termination

  1. 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:

    1. 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;

    2. you fail to pay any amount due under the contract on the due date for payment.

  2. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

  3. 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.

15. Communications between us

  1. When we refer to "in writing" in these Terms, this includes email.

  2. 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.

  3. A notice or other communication is deemed to have been received:

    1. if delivered personally, with a signature of a delivery receipt or at the time the notice is left at the proper address;

    2. 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;

    3. if sent by email, at 9.00 am the next working day after transmission.

  4. 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.

  5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16. General

  1. Assignment and transfer:

    1. 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.

    2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

  2. 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.

  3. 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.

  4. 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.

  5. Third-party rights: The Contract is between you and us. No other person has any rights to enforce any of its terms.

  6. 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.