A.- OBJECT AND PARTIES INVOLVED
The present General Conditions of Sale (hereinafter, the "GTCS") apply to all sales made through https://www.thebeautyofcaring.co.uk (the website) and will be understood to be approved once the Buyer has paid for the products. These GTC govern the offer and sale of the products (hereinafter, the "Product(s)") of ON-MARK CONSULTING LIMITED with registered office at 101 Summerleaze Road, Maidenhead, Berkshire SL6 8ER, (UK) (hereinafter "The Beauty of Caring" or the "Seller") and its Buyer (hereinafter, the "Buyer").
By placing an order the Buyer agrees to be bound by these General Conditions of Sale, as well as the Legal Notice, Privacy Policy and Cookie Policy.
Please read these GTCS carefully before completing your order. These GTC tell you who we are, how we will provide you with the products, how you can request changes, returns or withdraw from the contract, as well as other important information that may be useful to you.
You can modify these GTC, as well as the Legal Notice, the Privacy Policy and the Cookies Policy. We recommend the Buyer to read them at the time of placing the order, as those that are available on the website at any given time will be applicable. Acceptance of these is a prior and essential step for contracting. The Buyer declares that he/she is of legal age and has the necessary and sufficient legal capacity to enter into contracts of economic content. In the case of legal persons, the natural persons acting in their name and on their behalf guarantee that they are sufficiently represented at the time of purchase. The Beauty of Caring shall not be liable for any damage, loss or injury to persons and/or property arising from or in connection with the statements contained in this paragraph.
B.- GEOGRAPHICAL SCOPE
The products offered on the website are only available for delivery within mainland U.K. No deliveries are made to P.O. Box addresses
C.- ORDERS AND ORDER MODIFICATIONS
When placing an Order on the website, the Buyer must expressly acceptthe present GTC. If the Buyer does not accept them, he/she will not beable to place any order through the website.
Acceptance of the order by The Beauty of Caring will be made when wesend you an email with the order confirmation. In case of non-acceptanceof your order, you will be notified by email and if the Product/s have beencharged, the amount will be refunded within 14 calendar days followingthe communication of non-acceptance of the order.
Once your order has been received, the purchase reference number willbe displayed on the website. The purchase summary with orderconfirmation and order details (reference number, order details, price,delivery address, etc.), and will be sent by email to the email addressprovided. In case you need to contact The Beauty of Caring for anyinformation or change, you can do so by email sent to our CustomerService at hello@thebeautyofcaring.co.uk
D.- PRICE
The prices for the Products shall be charged on the basis of the valid prices shown on the website. This price includes Value Added Tax (VAT). In the event of a change in the applicable VAT rate between the date of the order and the date of supply of the Products, an adjustment will be made to the VAT rate payable, unless the Products have already been paid for in full prior to the change coming into effect.
In the event that the Products are incorrectly priced due to faults beyond the control of Beauty of Caring, we will contact the Buyer as soon as possible to notify the Buyer of the error. In this case, if the order has not yet been processed, the Buyer may accept the change in price or reject it, cancelling the order. In the event that the order has been accepted and processed when the pricing error is obvious and unequivocal and could reasonably have been recognised by the Buyer as a pricing error, Beauty of Caring may terminate the contract, refund the sums paid by the Buyer, and demand the return of the products that have been supplied.
E.- PAYMENT
Payments will be made by credit/debit card or digital means accepting the following: VISA, MASTERCARD, MAESTRO, AMERICAN EXPRESS, SHOP PAY, APPLE PAY, GOOGLE PAY
In order to ensure the security of commercial transactions, the name and billing address must match those of the credit/debit card used for payment. The Beauty of Caring reserves the right to cancel any order that does not match these criteria.
Payments cannot be made by cash on delivery, cash on delivery, bank transfer, cheque or any other means of payment other than those described in the first paragraph of this point E.-Payment. Until the payment of the product is not received, it will not be shipped.
F.- SHIPMENT AND DELIVERY
Shipment will be made by delivery to the address designated by the Buyer. In the event that the designated address is wrong or insufficient, The Beauty of Caring will not be responsible for non-delivery or wrong delivery.
Unless unforeseen or extraordinary circumstances occur, we will send the order consisting of the product/s listed in each shipping confirmation within the deadlines indicated in the shipping conditions. The shipping costs are indicated at the time of processing the purchase on the website.
Once the purchased product leaves the warehouse of The Beauty of Caring and is delivered to the carrier, you will be sent an email providing the tracking number and the transport company responsible for delivery. It is possible that the notification will be made directly by the transport company.
In case of not being able to make the delivery due to the absence of the recipient, the transport company will try to contact the recipient by telephone. If after two unsuccessful attempts the transport company is unable to make the delivery due to the absence of the addressee, it will return the shipment to The Beauty of Caring. In this case, the costs of the failed delivery will be charged to the Buyer.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment at which the Buyer or a third party indicated by the Buyer acquires material possession of the products, which shall be accredited by the carrier.
In the event that the delivery of the products is delayed due to an event beyond The Beauty of Caring's control, we will contact the Buyer as soon as possible to let them know and will take steps to minimise the effect of the delay. The Beauty of Caring will not be responsible for delays caused by events beyond its control or delays attributable to the carrier.
For any problems or delays with delivery you can contact our Customer Service at hello@thebeautyofcaring.co.uk
G.-LEGAL WARRANTIES
The Beauty of Caring shall be required to deliver a product in conformity with the order placed by the Buyer and shall be liable for any lack of conformity that may exist upon delivery of the same.
In this respect, under these GTC, the Product:
Shall be fit for the use which may generally be expected of a similar Product and, where applicable:
- Shall match the description given by The Beauty of Caring and shall have identical qualities to those shown to the Buyer in any sample or model.
- It will have the qualities that any Buyer may legitimately expect based on public statements made by The Beauty of Caring, the producer or manufacturer or their representatives, including any advertising or labelling.
Similarly, The Beauty of Caring is obliged to warrant all goods sold in respect of any latent defects which may render them unfit for their intended purpose or which may restrict such use to such an extent that the Buyer would not have purchased them (or would have purchased them but at a lower price) had the Buyer been aware of such defects.
If the Products delivered are not in conformity with the Products ordered by the Buyer or if they have any hidden defects, the Buyer will send an email to hello@thebeautyofcaring.co.uk, communicating the non-conformity or hidden defects of the Product(s).
Customer Service will acknowledge receipt of the Buyer's request and confirm the process to be followed. Upon receipt of instructions from The Beauty of Caring Customer Service, the Buyer will return to The Beauty of Caring the Product(s) that lack conformity or have hidden defects, for this purpose, The Beauty of Caring will arrange for the collection of the Product(s).
Said Product(s): they will be returned in their entirety, unused, in their original packaging intact; and, as far as possible, with their original packaging, as well as with the identification of the order number concerned (attached, for example, the order confirmation email containing the order number and/or invoice in the event of having requested it). Likewise, in order to proceed with any exchange or return it will be necessary to send along with the product to be returned all those gifts or benefits delivered along with the purchase (samples, toiletry bags, towels, gift products, or other gift items).
Any risk relating to returned Product(s) will be assumed by the Buyer.
Upon receipt of the Product(s) alleged to be non-conforming or with hidden defects, The Beauty of Caring will check them in order to determine the conformity or non-conformity of the Product(s). These checks will be carried out as soon as possible and within a maximum period of 1 month.
If the lack of conformity of the Product(s) is confirmed or the existence of hidden defects is determined, the Buyer shall have the option to arrange for the repair or replacement of the Product, subject to the cost requirements set forth. In this respect, the Buyer: shall have the right to take action within a maximum period of 2 years from delivery of the Product; and shall be relieved of the burden of proving the existence of the non-conformity of the Product for a period of 24 months from delivery of the Product.
H.- RIGHT OF WITHDRAWAL AND REFUND
Once received the product, the Buyer, if it has the status of consumer, will have 14 calendar days from receipt of the last of the products purchased in the same order to exercise their right of withdrawal.
1.- Notice of withdrawal to Beauty of Caring.
The Buyer shall have the right of withdrawal, which may be exercised within a maximum period of 14 calendar days without being required to give any reason or pay any penalty. The Buyer shall bear the entire cost of return. This withdrawal period shall expire 14 calendar days from the day on which the Buyer, or any third party he may designate (other than the Carrier), takes physical possession of the Products. In the event that several Products are included in the same order or if the Products are delivered in several batches, this period shall commence at the time when the Buyer or a third party takes physical possession of the last Product or the last part of the delivery.
The Buyer shall exercise his right of withdrawal by sending an e-mail to hello@thebeautyofcaring.co.uk concerning such withdrawal by making any unequivocal statement during the withdrawal period in question.
The withdrawal period shall be deemed to be met if the Buyer sends his notice of exercise of the right of withdrawal within the time limit set.
2.- Refund for cancelled Products.
The Beauty of Caring agrees to refund to the Buyer all amounts paid, including delivery costs (but excluding any additional delivery costs that may arise from the selection by the Buyer of a form of payment other than the standard delivery rate offered by The Beauty of Caring). Unless the Buyer expressly selects another form of return, the refund of the amount of the Product(s) will be made by the same form of payment as the one initially used by the Buyer, without undue delay and, in any case, no later than 14 calendar days from the date on which The Beauty of Caring was informed of the Buyer's decision to withdraw. Such reimbursement shall be free of charge for the Buyer. Notwithstanding the foregoing, the refund of the amount in question may be postponed until the Products being returned have been effectively taken back or until the Buyer provides proof of dispatch of the Products, whichever is the earliest. The Buyer will be responsible for the costs of returning the products to The Beauty of Caring.
Due to the special characteristics of the products, the following must be taken into account:
- For reasons of health protection and hygiene, returns and cancellations of products will not be accepted when their wrapping, packaging, seal or cellophane that protects the product has been opened and/or used, with the exception of those that are defective or defective.
- All products to be returned must be properly packaged.
- In case of withdrawal you will only be responsible for the diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products. For any additional information on the scope, content or instructions concerning the exercise of the Buyer's right of withdrawal, the Buyer may contact Customer Services at the following e-mail address: hello@thebeautyofcaring.co.uk
I- DATA PROTECTION
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the personal data provided by the Buyer will form part of the Customers file of ON-MARK CONSULTING LIMITED , whose purposes are the maintenance of the contractual relationship, management, monitoring and contractual compliance and its corresponding collections. ON-MARK CONSULTING LIMITED, will treat such data according to the conditions and characteristics described in its Privacy Protection Policy. Please refer to the website's Privacy and Cookie Policy to understand how we will use, process and protect the information and personal data you submit to us when you create a customer account, purchase products and when you use our website in any other way.
J.- INDUSTRIAL AND INTELLECTUAL PROPERTY
The industrial property rights, such as trademarks and patents, distinctive signs and designs and those rights of an intellectual nature, for example, on the website"www.thebeautyofcaring.co.uk"or the brands that exist on the Products supplied by The Beauty of Caring and purchased by the Buyer, will remain the exclusive property and ownership of The Beauty of Caring.
K.- ASSIGNMENT
The Beauty of Caring shall be entitled, without the prior consent of the Buyer, to assign its rights, claims and obligations under these GTC to another company within the same group or to a third party that can reasonably be expected to perform its obligations under the GTC in a satisfactory manner.
L.- FORCE MAJEURE
None of the Parties will be held responsible for the non-performance of all or any part of their obligations contemplated in the present CCGG when said non-performance is due to force majeure. Unless there is proof to the contrary, it will be presumed that those events or circumstances that are beyond the reasonable control of one or both parties, that could not have been reasonably foreseen at the time of the conclusion of the contract or that foreseen, could not be avoided, will be considered as Force Majeure, such as war (whether declared or not), invasion, acts of foreign enemies, usurpation - military or otherwise - of power, plague, epidemic outbreak or pandemic, disaster or extreme natural event, explosion, fire, labour disturbances such as boycott, strike and lockout, failure of supplies or transport, etc., as well as states of alarm or other decisions by the State, Autonomous, Local Government and/or the Authorities of other countries or international organisations, which affect the normal development of the rights and obligations arising from the present contract. Any party alleging a case of force majeure shall notify the other Party within 5 working days following the event causing such case of force majeure. The Parties hereby agree that they shall meet as soon as practicable to mutually agree on the terms of performance of the order during the event of force majeure. If the interruption caused by force majeure persists for a period of time of 1 month or more and The Beauty of Caring is unable to fulfil the order, The Beauty of Caring shall make a refund to the Buyer, as appropriate.
M.- MISCELLANEOUS
These GTC:
1.) ) They constitute the entire agreement between the Parties with respect to the contents hereof and supersede all previous agreements relating to the same subject matter;
2.) They may not be waived, changed, modified, amended orally, but only by written agreement signed by the Parties. In the event that any provision of these GTC or any other provision of the Agreement is held to be unenforceable or invalid, such unenforceability or invalidity shall not affect or render invalid or unenforceable the other provisions of the Agreement, and the Agreement or such provision shall be enforced to the extent permitted by mandatory law.
N.- APPLICABLE LAW AND JURISDICTION
On all matters not foreseen in the contractual relations between TheBeauty of Caring and the Buyer, object of the present GTC, the provisionsof the Spanish laws in force at any given time will be governed bysupplementary legislation. With express waiver of any other jurisdictionthat may correspond to the Parties, all disputes arising in relation to thisdocument shall be subject to the Royal Courts of Justice
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