Please read all these terms and conditions.
These are the terms on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss us by emailing INFO@INDIGO-NAILS.CO.UK
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are UNITED BEAUTY LTD whose trading name is INDIGO NAILS LAB a company registered in England and Wales under company number 12076727 whose registered office is at Devonshire House, Manor Way, Borehamwood, WD6 1QQ; (the Supplier or us or we). Our registered VAT number is 332 6876 84.
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
How to Contact us
You can contact us by writing to us at INFO@INDIGO-NAILS.CO.UK
How we may contact you
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means a legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the address where the Goods are to be supplied or a carrier organised by you, 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, 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 means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website WWW.INDIGO-NAILS.CO.UK on which the Goods are advertised.
- Writing includes emails.
- The description of the Goods 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 made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- Our Website is solely for the promotion of our products in the United Kingdom, Ireland, the Isle of Man and the Channel Islands. We do not accept orders from or deliver to addresses outside the United Kingdom, Ireland, the Isle of Man and the Channel Islands unless agreed by us in writing.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We will retain and use all information supplied by you strictly in accordance with the Privacy Notice.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods on our website does not constitute a contractual offer to sell the Goods. 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. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This might be because the Goods you have ordered are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or because we cannot supply the Goods to your location.
- 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 sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation), at which point a Contract will come into existence between you and us. 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 giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Order, but in any event not later than the delivery of any Goods supplied under the Contract.
- No variation of the Contract, whether about description of the Goods, the price of the Goods or otherwise, can be made after it has been entered into unless the variation is agreed with you 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, 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, eg by giving you rights as a business.
Price and Payment
- The price of the Goods 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 for the Goods by submitting your credit or debit card details with your Order and agree that we can take payment immediately on your Order being submitted or otherwise before delivery of the Goods.
- On receipt of your Order Confirmation, if you think the invoiced price is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- We take all reasonable care to ensure that the price of the Goods advised to you on the Website is correct. However, it is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. If the Goods’ correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable 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 Goods provided to you.
- We will deliver the Goods to the Delivery Location within a period agreed with you or, failing any agreement, without undue delay and, in any event, not more than 30 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 within the period stated in paragraph 27 above, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- 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 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. 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 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 without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, 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 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.
- If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we 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.
Risk and Title
- Risk of damage to, or loss of, any Goods and title to the Goods will pass to you when the Goods are delivered to you.
Withdrawal, returns and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- If you are ending the Contract for a reason set out in this Clause 39, the Contract will end immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons EG or notified you we are going to suspend them for technical reasons, in each case for a period of more than 30 days.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. These Cancellation Rights, however, do not apply, to a contract for the following Goods (with no others) in the following circumstances:
- Goods that are made to your specifications or are clearly personalised;
- Goods which are liable to deteriorate or expire rapidly;
- Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- Goods that have been damaged by you;
- perishable Goods;
- any Goods which are supplied as unsealed SPA cosmetics : this includes body scrub, argan oil, cutictle oil, shea butter, Protein Serum;
- The Cancellation Rights for a Contract cease to be available in the following circumstances:
- if the Goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject to the rest of these Terms and Conditions, you can cancel this contract within 14 days of the date of delivery of the Goods to you 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 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 only to email@example.com. You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website WWW.INDIGO-NAILS.CO.UK If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- 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, if you cancel this Contract, we will reimburse to you all payments received from you, excluding the costs of delivery.
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 (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods if, for example, 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 the returned Goods from you.
- 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.
- We will make the reimbursement using the same means of payment as you used for your purchase of the Goods, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at:
Indigo Nails Lab
operated by United Beauty Ltd
Walker Logistics Ltd
Unit 3 Reception
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. We will pay the costs of return:
- if the Goods are faulty or misdescribed; or
- if you are ending the Contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- 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.
Conformity and Guarantee
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have met this duty if when the Goods are delivered to you, they do not meet the following standards:
- they are of satisfactory quality;
- they are reasonably fit for any particular purpose for which you buy the Goods and 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; and
- they conform to their description, as stated on our Website.
- Where a manufacturers guarantee applies to your Goods, this is identified on the product description on our Website. We will, 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.
Successors and our sub-contractors
- We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
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; and
- the party's obligations will be suspended so far as is reasonable, provided that that 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, below.
- Your privacy and the security of your data is important to us. Details of how we handle your personal information and comply with data protection legislation are set out in our Privacy Notice which can be read here: Privacy notice.
- These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Notice and Cookies Policy .
- For the purposes of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: INFO@INDIGO-NAILS.CO.UK
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer. We only supply the Goods for domestic and private use to consumers. If you use our products or services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the laws 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.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 14 days.
Other important terms
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms operates separately. IF any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, of if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
UNITED BEAUTY LTD
T/A Indigo Nails Lab
Email address: INFO@INDIGO-NAILS.CO.UK
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s)
[*] Delete as appropriate.