These Terms and Conditions will apply to the purchase of Goods and/or Services by you (the Customer) from us (BrazilianGold Cosmetics). Our contact details are {email} sales@braziliangold.co.uk and {telephone number} +44 (0)121 293 1188.
These are the terms on which we sell all Goods and/or Services to you. By ordering any of the Goods and/or Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods and/or Services from the Website if you are legally eligible to do so.
Interpretation
Customer means an individual or business purchasing Goods and/or Services from us (BrazilianGold Cosmetics).
Contract means the legally-binding agreement between you and us for the supply of Goods and/or Services.
Delivery Location means the Customer's preferred location, where the Goods and/or Services are to be supplied, as set out in the Order.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient or enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information and allows the unchanged reproduction of the information stored.
Goods and/or Services means the goods and/or services advertised on the Website that we supply to you as described and set out in the Order.
Order means the Customer's order for the Goods and/or Services supplied by us.
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.
Website means our website www.braziliangold.co.uk on which the Goods and/or Services are advertised and sold.
Goods and/or Services
The description of the Goods and/or Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.
In the case of any Goods and/or Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods and/or Services which appear on the Website are subject to availability.
We can make changes to the Goods and/or Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes..
Personal information
We retain and use all information strictly under the Privacy Policy.
We may contact you by using pre-paid post, e-mail or other electronic communication methods.
Basis of Sale
The description of the Goods and/or Services in our website does not constitute a contractual offer to sell the Goods and/or Services. When an Order has been submitted on the Website, we can reject it for any reason; although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Goods and/or Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us providing you confirmation of the Contract by means of an email with all information contained in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, Services, Fees or otherwise can be made after it has been entered into unless the variation is agreed by the Customer and us in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case then you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you e.g. by giving you rights as a business.
Price and Payment
The price of the Goods and/or Services and any additional delivery or other charges, is that set out on the Website at the date of the Order, or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by PayPal or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
We will deliver the Goods to the Delivery Location by the time or within the agreed period or failing any agreement, without undue delay and, in any event, not more than 10 business days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
We have refused to deliver the Goods.
You said to us before the Contract was made that delivery on time was essential.
After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods and/or Services or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods and/or Services. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods and/or Services form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods and/or Services without also cancelling or rejecting the Order for the rest of them.
If we accept an Order for delivery outside the United Kingdom, the Isle of Man or Channels Islands; you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods and/or Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy we can choose by notice, to cancel any delivery and end any right to use the Goods still owned by you; in which case you must return them or allow us to collect them.
Conformity and Guarantee
We have a legal duty to supply the Goods and/or Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation. Upon delivery, the Goods will:
Be of satisfactory quality.
Be reasonably fit for any particular purpose for which you buy the Goods and/or Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract.
Conform to their description.
It is not a failure to conform, if the failure has its origin in your misuse of the Goods and/or Services.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
The party will advise the other party as soon as reasonably practicable.
The party's obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, as set out below.
Excluding liability
We do not exclude liability for:
Any fraudulent act or omission.
For death or personal injury caused by negligence or breach of other legal obligations.
Subject to this, we are not liable for:
Loss which was not reasonably foreseeable to both parties at the time when the Contract was made.
Loss (e.g. loss of profit) to the Customer's business, trade, craft or profession.
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
Withdrawal and Cancellation
This is a Distance Contract (as defined below) which has the Cancellation Rights (as set out below). These Cancellation Rights however do not apply to a contract for the following goods and/or services in the following circumstances:
Goods that are made to your specifications or are clearly personalised.
In the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision by email (sent to sales@braziliangold.co.uk) and you must be able to show clear evidence of when the cancellation was made.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel, before the cancellation period has expired.
Effects of cancellation in the cancellation period
Except as set out below (in item 55), if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods; e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any Goods supplied.
If we have offered to collect the Goods, or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract and we are in receipt of the returned goods.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
Distance Contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
Sales Contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
