a. In these Conditions Tina Richards LTD is called "the Company", and the individual, firm, company or other party with whom the Company contracts is called "the Customer" and "Goods" means the goods, articles and materials which are to be supplied by the Company pursuant to the Contract (as hereinafter defined).
b. Any contract howsoever made between the Company and the Customer ("the Contract") shall incorporate and be subject to these Conditions and which shall in all circumstances override any and all other terms and conditions of trading, sale or purchase howsoever and whensoever referred to.
c. Unless otherwise specifically provided herein all reference to sterling or sterling amounts are expressed in terms of the lawful tender of England. All payments to be made in connection with the Contract are to be made in lawful money of England.
d. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
e. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE AND THE SUPPLY OF INFORMATION
As part of our service, we agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as ‘customer’ in this agreement.
a. The Company shall sell and the Customer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Customer, or any order of the Customer which is accepted by the Company whether over the Internet or otherwise, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
b. No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Company.
c. The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
d. Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company or which is not included on the Company’s website or in the instructions with the Goods is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
e. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company whether online or not shall be subject to correction without any liability on the part of the Company.
f. No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company’s authorised representative.
g. All information contained within the Company’s website includes as per the manufacturers. The suggestions on any of the Company's website pages do not constitute any form of medical advice for these have been prepared only as a guide. Only a registered qualified medical or other health care practitioner can give advice as to the product that will serve the patient in their best interest. NB: if the Customer has a medical condition and is in any doubt about using one of the Company's product they should check with their doctor. The Customer should inform their doctor if they are taking nutritional supplements.
h. The Company reserves the right to handle all customer services and support via email or physical written correspondence.
a. The Company reserves the right to publish Customer testimonials supplied to the Company in writing for marketing purposes in all mediums and the Customer by submitting a testimonial to the Company in writing on acceptance of the incentive offered by the Company is deemed to have entered into a contract of agreement with the Company that the Company may publish the testimonial that is supplied to the Company in writing for marketing purposes and in all mediums. The Customer reserves the right not to give their full name when submitting their testimonial to the Company.
b. At the Company's discretion the Company may reimburse the Customer the purchase retail price of a Tua product (excluding P&P) on receipt by the Company, approval by the Company and publication by the Company of the Customer's 'before' and 'after' photographs for marketing purposes in all mediums. The Company reserves the right to not use Customer 'before' and 'after' photographs and as a result not reimburse the Customer.
4. CANCELLATION, RETURNS, GUARANTEE AND WARRANTY
a. CANCELLATION RIGHT: Under the distance selling regulations the customer (ie end-customer of tinarichards.com only; not applicable to any trade customer) has the legal right to cancel their order within seven working days from the date of receipt of the goods if they send the Company a notice of cancellation in writing and return the goods to the Company within seven working days of the the notice of cancellation being acknowledged by the Company, in their original, unopened and unused condition. For further details of how to return merchandise please see the Company's returns policy and procedure below. Where goods are delivered to a third party the Customer may exercise their right to cancel if they are able to return the merchandise to the Company. The Customer can submit their cancellation notice by email to the Company's customer services department at email@example.com or in writing to:
Tina Richards Ltd
Refunds issued to the Customer by the Company shall exclude P&P. The Company shall not reimburse the Customer any cost of returning the product/item to the Company.
The Customer's statutory rights are not affected.
b. RETURNS POLICY: With the exception of any Company money back guarantee or warranty on specified products, the Company is only able to exchange or refund goods (excludes P&P charge) that are returned to the Company in their original unopened form and in a resaleable condition. The Customer (ie end-customer of tinarichards.com only; not applicable to any trade customer) is required to email or write to the Company within 14 days of the invoice date to receive a Customer returns authorisation number and notification of Company returns address by returns authorisation email from the Company. Please note that the Company must have received the Customer's email/letter within 14 days of the invoice date and the Customer's email/letter will be considered invalid if it has not been received by the Company within 14 days of the invoice date. It is the sole responsibility of the Customer to ensure their refund request email/letter is received by the Company within the 14 day period. The Company reserves the right to decline any return from a Customer who cannot produce an accurate returns authorisation number and/or fails to meet the terms and conditions of return as set out below. The Company shall not reimburse the Customer any cost of returning the product/item to the Company.
c. The Company has an automatic money back guarantee for direct customers for Tua Viso, Tua tre'nd and Tua Spa only (excludes P&P charge). The money back guarantee is only valid for purchases exclusively from tinarichards.com (**the money back guarantee is not valid for any special offers including discount vouchers from third party deals**). Under this guarantee the Customer (ie end-customer of tinarichards.com only; not applicable to any trade customer) is required to email or write to the Company within 90 days for Tua Viso and Tua Tre'nd and within 30 Days for Tua Spa of the invoice date to receive a Customer returns authorisation number and notification of Company returns address by returns authorisation email from the Company. Please note that the Company must have received the Customer's email/letter within 90 days for Tua Viso and Tua Tre'nd and within 30 days for Tua Spa of the invoice date and the Customer's email will be considered invalid if it has not been received by the Company within 90 days for Tua Viso and Tua Tre'nd and within 30 days for Tua Spa of the invoice date. It is the sole responsibility of the Customer to ensure their refund request email/letter is received by the Company within the particular 90 day period and within the particular 30 day period. The Company reserves the right to decline any return from a Customer who cannot produce an accurate returns authorisation number and/or fails to meet the terms and conditions of return below (f.). The Company shall not reimburse the Customer any cost of returning the product/item to the Company.
d. The Company has an automatic one year warranty for Tua Viso, Tua tre'nd, Tua Silver and Tua Spa for repair or replacment subject to a fault being found on inspection of the merchandise by the Company. Under this warranty the Customer is required to email or write to the Company within one year of the invoice date to receive a Customer returns authorisation number and notification of Company returns address by returns authorisation email from the Company. The Company reserves the right to decline any return from a Customer who cannot produce an accurate returns authorisation number and/or fails to meet the terms and conditions of return below (g.). The Company shall reimburse the Customer the Royal Mail cost of returning the product/item to the Company subject to a fault being confirmed on inspection of the product/item by the Company.
e. For all returns to be accepted by the Company within 14 days of the invoice date the following return terms and conditions must be met in full: The return authorisation number provided by the Company written on the sales receipt where indicated or proof of purchase and brief reason for return written (refund or exchange), The goods returned must all be in their original, unopened and resaleable condition and traceable shipping used such as recorded delivery to the address advised by the Company's returns authorisation email .
f. For all returns to be accepted by the Company under the money back guarantee for Tua Viso, Tua tre'nd and Tua Spa of the Company the following return terms and conditions must be met in full: Return authorisation number provided by the Company written on the sales receipt where indicated or proof of purchase and brief reason for return written (refund or exchange), the main unit in good condition in the original packaging with the complete contents less any replaceable sponges that may have been used and traceable shipping used such as recorded delivery to the address advised by the Company's returns authorisation email.
g. For all returns to be accepted by the Company under the one year warranty for Tua Viso, Tua tre'nd, Tua Silver and Tua Spa of the Company the following return terms and conditions must be met in full: Return authorisation number provided by the Company written on the sales receipt where indicated or proof of puchase and brief reason for return written and traceable shipping used such as recorded delivery to the address advised by the Company's returns authorisation email.
h. In reference to points b. to g. above, if these returns terms and conditions are not met in full the Company reserves the right to not accept any return from the Customer and the Company will return the unit back to the Customer and the Customer will automatically be charged the p&p for the Company to return the unit to the Customer.
i. The Customer acknowledges that under the warranty they are liable for any postal/courier charges incurred to the Company in the instance that the Company returns goods back to the Customer, which the Company has inspected and found no fault.
j. The Customer acknowledges that the Company may change a business address at any time and the Company reserves the right to notify a change of address in writing to the Customer and in the circumstances of return of goods to the Company from the Customer under the Company's guarantee or warranty the Company will notify the customer of change of address for returns in accordance with written instructions for return and returns authorisation number (b) and (c) above and such written notification of change of postal address is deemed by the Company to supersede any previous address notification.
k. The Customer shall not be refunded for any returns received by the Company later than 14 working days after issue of returns authorisation number to the Customer by the Company.
5. NEW ACCOUNTS AND PROVISION OF CREDIT
New accounts will only be opened on production of satisfactory evidence of the Customer’s ability to pay and credit facilities to any Customer may be withdrawn by the Company at any time should the Company in its absolute discretion think fit.]
6. VARIATION IN VOLUME OF GOODS
a. The Customer acknowledges that in accordance with normal practice the Company will not always be able to supply all the Goods specified in an order and accordingly the Customer agrees to accept any lesser quantities actually supplied (subject to full credit being given to it by the Company for the shortfall) and the Company shall be released from any obligation to supply the balance of the order.
b. The Company shall be deemed to have performed the Contract by delivery of a quantity of goods to within 10% above or below the quantity ordered and the Customer shall pay the unit price for the actual amount of the Goods delivered.
c. The Company makes every effort to supply the Goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice.
d. In the event that the Company cannot supply the Goods ordered by the Customer, the Company reserves the right to supply goods of equal or superior quality at no extra cost.
7. DELIVERY AND RISK
a. Any time or date stated for delivery is an estimate only. The Company makes every effort to despatch goods on time but does not accept liability for failure to deliver within the stated time.
b. Delivery of the goods shall be made to the Customer at the address specified to the Company and the risk in respect of all goods shall pass to the Customer at the time of delivery (save as provided in (c) below). Notwithstanding such delivery, the property in and title to the goods shall not pass to the Customer except as provided in Condition 7.
c. In the case of sales within the U.K., unless otherwise agreed in writing, the Company shall on behalf of the Customer arrange for the carriage of the goods and the carrier selected by the Company shall be deemed to be the agent of the Customer. Special notice is directed to the fact that in accordance with the provisions of Section 32 of the Sale of Goods Act 1979 delivery to the carrier will, in such circumstances constitute delivery to the Customer. The Company shall for the purposes of Section 32(2) of the Sale of Goods Act 1979 be deemed to have the Customer’s authority to make such contract with the carrier which the Company considers reasonable.
d. Without prejudice to the generality of (c) above and (e) below and without any admission of liability or responsibility for carriage of the goods below:
i. the Company in its absolute discretion may consider a claim for damage or pilferage in transit if both the Company and the carrier are both notified in writing on the date of receipt of the goods but in no circumstances will the Company consider a claim where an unqualified receipt for the goods has been given;
ii. if the goods are not received by the Customer within 14 days of the date of the invoice, the Customer must immediately notify the Company in writing of such non-receipt. If the Customer does not so notify the Company in such circumstances the Customer shall pay the whole of the invoice price to the Company, whether or not the goods are ever received by the Customer.
e. Arrangements in respect of delivery and risk in the case of sale outside the U.K. shall be as agreed between the Company and the Customer on the relevant occasion but shall unless otherwise agreed in writing be deemed to be ex works of the Company as defined in the relevant edition of Incoterms.
f. If the Customer cannot accept delivery, the Company may at its option (i) store and insure the goods at the Customer’s expense and risk or (ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.
g. The Company uses a courier to deliver goods to the Customer and if the courier does not deliver successfully to the Customer on two occasions because the courier reports that the Customer was not present at the premises to sign for the delivery the Company reserves the right to automatically charge the Customer the cost of re-delivery that is liable to the Company from the courier. The notification of door colour or other description of the Customer's delivery address premises by the courier company is deemed to be proof that the courier has attempted to deliver to the Customer and the Company reserves the right to consider this a failed delivery attempt. The Company also reserves the right to charge the Customer the charge from the courier company for any re-directions to an alternative delivery address.
Until the Company has received full payment for the goods comprised in the Contract between the Company and the Customer:
a. The title to and property in the goods shall remain vested in the Company (notwithstanding the delivery of the same and the passing of the risk therein).
b. The Company may at any time and from time to time until the property in the goods has passed to the Customer require the goods to be returned to it after payment has become due and if this requirement is not immediately complied with may recover and if thought fit sell the goods and any such return or recovery shall be without prejudice to the obligation of the Customer to purchase or pay for the goods. For the purpose of exercising its rights under this sub-clause (b) the Company shall be entitled to free and unrestricted entry upon the Customer’s premises and/or all other locations where the goods are situated and such licence shall be irrevocable on the part of the Customer.
c. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company, but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
d. The rights and remedies conferred upon the Company by this Clause 7 are in addition to and shall not in any way prejudice, limit or restrict any other rights or remedies of the Company under the Contract.
a. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Contract, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control :
i. Act of God, explosion, flood, tempest, fire or accident;
ii. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
iii. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
iv. import or export regulations or embargoes;
v. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
vi. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
vii. power failure or breakdown in machinery.
The Company shall not have any liability to the Customer for any direct or consequential loss or damage suffered by the Customer as a result of the Company’s inability to perform its obligation under the Contract in the aforementioned circumstances.
b. Where goods are delivered by instalments each such instalment shall be deemed to be sold or supplied under a separate contract to which these Conditions shall apply (mutatis mutandis) and no default in respect of any one instalment shall affect or prejudice due performance of the Contract as regards any other instalments.
a. The Customer shall inspect the goods immediately on receipt and the Customer shall be deemed to have accepted the goods as being in conformity with the Contract and shall be bound to pay for them unless written notice of rejection is received by the Company within 14 days of receipt.
i. Where the notice of rejection is on the basis of non-conformity with the Contract and is valid in respect of any of the goods having any defect in the quality or condition of the goods or their failure to meet specification and is notified to the Company in accordance with these Conditions, the Company shall refund to the Customer any delivery charge involved in the sending of such Goods to the Customer and in returning the Goods to the Company and shall be entitled to replace the goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer.
ii. With the exception of non-stock items and Clearance Bargains the Customer may also reject any Goods and return them to the Company for a replacement or refund in any circumstance if notified to the Company in accordance with these Conditions. In such situations the Customer will be liable for the original charge for delivery to the Customer and any delivery charge incurred in returning such Goods.
b. If after notice of rejection has been given, the Customer deals with the goods as owner thereof or if any conduct of the Customer is inconsistent with such rejection or with the ownership of the Goods by the Company, the Customer shall be deemed to have accepted them and be bound to pay the Contract price.
c. Without prejudice to the generality of (a) and (b) above and without in any way admitting liability therefore the Company in its absolute discretion will give careful and constructive consideration to any request by the Customer for the return of any of the Goods to the Company outside the 14 day period mentioned in (a) above but in no circumstances will the Company accept Goods returned to the Company under this sub-clause without a prior agreement authorised by a Director of the Company, and the Company reserves the right to sell any Goods so returned without agreement if it shall in its absolute discretion think fit any such sale being without prejudice to the obligations of the Customer to pay in full for such Goods (subject to being credited with the proceeds of any sale by the Company after deduction of all costs and expenses of sale).
a. Subject to the conditions set out below the Company warrants that the Goods will correspond with the description and/or sample at the date of the order and are fit for the purpose for which they are sold at the time of delivery and for a reasonable period thereafter subject to the provisions of 10(b) and the [manufacturer’s warranty].
b. The above warranty is given by the Company subject to the following conditions :
i. The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working or storage conditions, abnormal use, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval;
ii. The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
iii. the Company shall be under no liability where Goods are sold by the Company to the Customer on the basis of being "sold as seen" and the Company expressly disclaims all warranties, either express or implied, including implied warranties of merchantability or fitness for a particular purpose.
iv. all Goods are sold subject to availability and where relevant all Goods are offered to the Customer subject to being unsold.
v. the above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
[c. The Company shall maintain product liability insurance on the goods. A certificate of insurance shall be provided to the Customer upon the Customer’s written request,]
d. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute, common law, custom or usage or otherwise are excluded to the fullest extent permitted by law.
e. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer is not affected by these Conditions.
f. Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
a. Unless otherwise shown on the invoice the price shall be due and payable in full on order unless special concession has been given for payment terms and then the price shall be paid in full within 30 days of the Company’s invoice and the Company shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
b. All order or items that require special packaging and orders from Southern and Northern Ireland, Channel Islands and any country outside the United Kingdom will be subject to individual delivery charge, such charges will be notified to the Customer and the Contract shall proceed upon receipt of acceptance of this notification by the Customer.
c. All quotations by the Company are exclusive of Value Added Tax or any similar levies or duties unless otherwise stated and the Company shall be entitled to add such items to the price stated on the order form.
d. Should default be made by a Customer in paying any sum due under any order, as and when it becomes due, the Company shall have the right to suspend all further deliveries as well as all work in hand on the order in respect of which default occurred and any other order until the default is made good.
e. The Company shall have the right, in addition to any other remedies it may have against the Customer, to charge interest on all principal sums due from time to time when such sums are 30 days overdue until payment at the rate of 4% over the Base Rate from time to time of Barclays Bank PLC.
f. The price applicable to the Goods shall be that shown by the acceptance of the order as referred to in 2(f). If this acceptance shall contain any error the Company shall have the right to amend the same and notify the Customer accordingly whereupon the Contract shall proceed on the basis of the amended price upon receipt of acceptance of this notification by the Customer.
g. The Company reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture and/or the cost of transportation or delivery), any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions. The Company shall notify the Customer accordingly whereupon the Contract shall proceed on the basis of the amended price upon receipt of acceptance of this notification by the Customer.
The Customer will fully indemnify the Company in respect of any infringement of any patent, licence, copyright, design, trademark or other industrial or intellectual property rights of any third party arising out of the Customer’s unauthorised use of any designs, drawings or data given to the Company by the Customer in connection with the execution of the Customer’s order for the Goods.
14. DESIGNS, TRADEMARKS AND INTERNET IMAGES
a. All designs prepared by the Company are the property of the Company, are the subject of copyright and may not be used or copied without the consent in writing of the Company.
b. The Customer agrees that it shall not remove or alter any trademarks that are affixed to the goods nor affix any additional trademarks or trade designations to any of the goods that bear the trademarks, without the prior written consent of the Company.
c. All images used on the Company’s Literature and Internet site are subject to copyright protection and may not be copied and used for commercial gain in any form specifically including, but not limited to, use on the Internet.
d. All images used on the Company’s Literature and Internet site do not breach any third party’s intellectual property rights to the best of the Company’s knowledge, but in the event that any such images do they will be removed immediately on receipt of proof of breach.
15. INSOLVENCY AND BREACH OF CONTRACT
In the event that:
a. The Customer shall commit any breach of the Contract and shall fail to remedy such breach (if capable of remedy) within a period of fourteen days from receipt of notice in writing from the Company, requesting such breach be remedied, or
b. Any distress or execution is levied upon any of the goods or property of the Customer, orc. The Customer (or where the Customer is a partnership any partner thereof) offers to make any arrangements with or for the benefit of its or his creditors or commits any act of bankruptcy, or
d. The Customer (being a limited company) has a Receiver appointed of the whole or any part of its undertaking property or assets or an order is made or a resolution is passed or analogous proceedings are taken for the winding up of the Customer (save for the purpose of reconstruction or amalgamation without insolvency and previously approved in writing by the Company)
the Company shall thereupon be entitled, without prejudice to its other rights hereunder, forthwith to suspend all further deliveries until the default has been made good or to determine the Contract or any unfulfilled part thereof or at the Company’s option to make partial supplies of goods. Notwithstanding any such termination, the Customer shall pay to the Company at the appropriate rate for all goods delivered up to and including the date of termination.
16. EXPORT TERMS
a. In these Conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict