- Terms And Conditions
All orders placed via our website www.airbrushbodyart.co.uk or via our telephone service are made subject to our terms and conditions being accepted by the Customer. Acceptance by the Customer is deemed once an order has been successfully placed and received by us.
Section 1:- FORMAT OF THE CONTRACT
- 1.1 These trading terms and conditions apply to all goods supplied by 'Airbrush Bodyart', Registered office is at 1 Hardwick Rise, Birmingham Road, Stratford-upon-Avon, CV37 0ES.Airbrush Bodyart will be referred to as 'The Supplier'.
- 1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once full payment has been accepted by the supplier, there will be a legally binding contractual agreement between the Customer and the supplier subject to these Terms and Conditions.
- 1.3 By way of clarification, an acknowledgement receipt of your order will be sent to you via the e-mail you provided during Customer checkout. When your order has been received, acceptance and completion of your offer to purchase the goods will not take place until after your payment has been authorised by the Supplier's bank and you receive your acceptance e-mail confirmation.
- 1.4 The contract is subject to your right of cancellation (see below).
- 1.5 The Supplier may change these trading terms and conditions without notice to you in relation to future sales.
Section 2:- DESCRIPTION AND PRICE OF THE GOODS
- 2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.
- 2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for your order.
- 2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for your order.
- 2.4 In addition to the price, you may be required to pay a delivery charge for your order.
Section 3:- PAYMENT
- 3.1 Payment for your order and any associated delivery charges can be made by the methods shown on the Supplier's website at the time you place your order. Payment shall be due before the release of your order. Time for payment shall be of the essence.
- 3.2 There will be no delivery until funds have been successfully received and cleared by the Supplier's bank.
- 3.3 Payments shall be made by you without any deduction(s) whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
Section 4:- DELIVERY
- 4.1 Your order will be delivered to the address you provided when you placed your order, provided acceptance of such an address by any credit card company issuer who's card is used in connection with the payment of the order placed.
- 4.2 Deliveries outside the United Kingdom are subject to quotations on request.
- 4.3 Orders placed will be processed as soon as possible and normally within 3 working days.Then they will be delivered as per the requested delivery option provided after any additional security checks are made and all stock items are available. (A working day is any day other than weekends, bank or other public holidays within the United Kingdom).
- 4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
- 4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
- 4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
- 4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, the Supplier shall refund or re-credit you within 30 days (if payment has been received by Credit Card) for any sum that has been paid by you or debited from your credit card for your order, less any expenses incurred by the Supplier for failed delivery.
- 4.6 Every effort will be made to deliver the goods as soon as possible after your order has been received and accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
- 4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
- 4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as 'UNCHECKED'. Failure to do so may affect any warranty claims that you make thereafter. If goods are damaged in any way you must not accept them if accepted you are deamed to accept them in the condition received and any damge within or outside will be your responsibility.
Section 5:- RISK/TITLE
- 5.1 The goods are at your risk from the time of delivery
- 5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
- 5.2.1 the goods, and
- 5.2.2 all other sums which are or which become due to the Supplier from you on any account.
- 5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
Section 6:- TITLE FOR BUSINESS CUSTOMERS
- 6.1 If you are a business Customer until ownership of the goods has passed to you, you must:
- 6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way (marking the supplier invoice number on each individual box) that they remain readily identifiable as the Supplier's property;
- 6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
- 6.1.3 condition and keep the goods insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
- 6.1.4 allow the supplier to direct negotiations for payment from the appointed insurance company that the claim is made against and or hold the proceeds of the insurance referred to in condition.
- 6.2 On trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
- 6.3 If you are a business Customer your right to possession of the goods shall terminate immediately if:
- 6.3.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
- 6.3.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of Section 123 of the 'Insolvency Act 1986' or you cease to trade; or
- 6.3.3 you encumber or in any way charge any of the goods.
Section 7:- YOUR RIGHT OF CANCELLATION
- 7.1 You have the right to cancel the contract at any time up to the end of 3 working days from order date or prior you receive the goods (see below). Royal Mail signature receipt is proof of receipt, as is any courier the supplier uses.
- 7.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter to Airbrush Bodyart, 1 Hardwick Rise, Birmingham Road, Stratford-upon-Avon CV37 0ES and e-mail us HERE giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not acceptable but a Royal Mail First Class Special Delivery letter will suffice.
- 7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own expense. The goods must be returned to the address shown on our website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit to us as this is your responsibility including total loss.
- 7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for your order, less any cost incurred for delivery (at the suppliers discretion) and in the circumstance of undamaged items, a 10% re-stocking fee where the items meet the requirements as set out in 7.5 below.
- 7.5 If you do not return the goods as required, being intact,and, in the case of body cosmetics they are non-returnable as per Health and Safety regulations , the Supplier may charge you a sum not exceeding the direct costs of recovering the goods to their original state, or under Health & Safety regulations destroy the opened products at retail value.
- 7.6 In the event whereby products that wished to be returned under our terms and conditions have had their original manufacturer's seals tampered with or packaging opened, thus affecting their re-sale value or in turn unacceptance by the manufacturer to re-credit the Supplier, your right to cancel and return a product will be revoked.
Section 8:- WARRANTY
- 8.1 All goods supplied by the Supplier are warranted (unless otherwise stated) for professional use only. Professional requires the end user to have undergone satisfactory training to ensure correct use of the products and machinery associated with the suppliers products. This warranty does not affect your statutory rights as a consumer.
- 8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the Supplier's approval.
- 8.3 If the goods supplied to you are damaged on delivery, you should notify us by e-mail within 3 working days. You must not open or use the goods in any way , all goods must be left as received. Once opened you will be deamed as accepting the goods and happy with their state of receipt.
- 8.4 If the goods supplied to you develop a defect whilst under warranty or you have any other complaint about your order, you should notify the Supplier in writing HERE as soon as possible, but in any event within 3 working days from the date you discovered or ought to have discovered the damage, defect or complaint. Any goods that show a defect with the 12 months warranty period can be returned back to us for inspection and we will in-turn return them to the manufacturers for their inspection.This does not apply to liquid products, only machinery. Goods found to be defective for reasons of user error or damge will be charged for when repaired or returned un repaired at the owners expense.All goods returned for repair under warranty must have carraige paid to and from our office and to original manufacturers address and return to us by that manufacturer.NO goods will be exchanged or credited without the manufacturers agreement.
Section 9:- LIMITATION OF LIABILITY
- 9.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for your order.
- 9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
- 9.3 If you are a business Customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which may arise out of or in connection with this agreement.
Section 10:- DATA PROTECTION
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Section 11:- APPLICABLE LAW
These trading terms and conditions and the supply of the goods will be subject to English Law and the English courts will have jurisdiction in respect of any dispute arising from the contract entered into between the Customer and the Supplier
Section 12:- IMAGES
Product images are for illustrative purposes only. All images and products are copyright.
Section 13:- E&OE
The meaning of 'E&OE' on our website means 'Errors & Omissions Excepted'. Unfortunately, we cannot be held liable for same