Terms and Conditions

 

To protect your own interests please read the conditions carefully.  If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email us BEFORE you place the order.

By placing an order and purchasing goods from extrememakeup.co.uk you enter into a legally binding agreement with us on the following conditions.  You should read and understand these conditions because they affect your rights and liabilities.

These are the standard terms and conditions of sale of Extreme Makeup, P.O. Box 467, Grays, Essex, RM17 9HA. Extreme Makeup is an online supplier of cosmetics and associated services and is a trading name of Global Mart Ltd, a registered company incorporated under the Companies Act 1985 (Company No: 5919330)

In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the goods when they are delivered and can be found in Clause 9 below.

These conditions describe the basis for purchase by you and sale by us of the products described on this website.

1.                Interpretation

1.1             In these conditions:

"conditions" means the standard terms and conditions of sale set out in this document;

"we" , "us", "the seller" means Extreme Makeup and its parent company Global Mart Ltd.

"contract" means the contract for the sale of the goods;

"payment" means credits or debits card or other payment methods chosen by you as a method of payment for the goods, details  of which you have provided  to us when placing the order;

"our agents" means any third parties who we use for the purpose of making or receiving payments

"goods" which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our website in accordance with the conditions;

"informations system" means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

"order" means any order placed by you with us for the supply of goods;

"order form" means the electronic order form completed and submitted electronically by you;

"regulations" means the Consumer Protection (Distance Selling) Regulations 2000;

"website" means  our presence on the world wide web, currently accessible via the address www.extrememakeup.co.uk

 

1.2             Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.

1.3             Unless the context otherwise requires:-

1.3.1         words importing the singular shall include the plural and vice versa;

1.3.2         words importing the masculine gender shall include the feminine gender and vice versa;

1.3.3         references to persons shall include bodies of persons whether corporate or incorporate.

1.4             Unless the context otherwise requires references to clauses shall be construed as references to clauses of these conditions.

1.5             Headings are inserted for convenience only and shall not affect the construction or interpretation of these conditions.

 

2.                Basis of the sale

2.1             We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of goods will be subject to these terms and conditions.

2.2             No order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

2.3             No variation to these conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.

2.4             Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

 

3.                Orders

3.1             The quantity, quality and description of the goods will be those set out in your order (if accepted by us).

3.2             Orders are accepted at our sole discretion but are normally accepted if the goods are available, the order reflects current pricing, you are based in the delivery area and your payment card or other payment method is authorised for the transaction.

3.3             You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website.

3.4             You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the contract in accordance with its terms.

3.5             The quantity, quality and description of and any specification for the goods shall be those set out in the relevant pages of this site. Photographs and colour charts are intended as a guide only.

3.6             We reserve the right to make changes in the specification of the goods which are required to conform with any applicable statutory or EC requirements

 

4.               Price of the goods

4.1             The price of the goods shall be the price set out on the relevant page of this site.   We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.

4.2             If the price of the goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable.  If it is not acceptable then you will, of course, have the option of cancelling the order.

 

4.3             The total price is inclusive of any applicable value added tax.

 

5.               Terms of payment

5.1             Upon providing us with details of the payment and submitting the order you :

5.1.1         confirm and undertake that the information contained within the order is true and accurate and that you are duly authorised to use the payment card or method; and

5.1.2         authorise us, or our agents, to deduct the full price of the goods and all other payments which may become due to us under the contract.

5.2             If it is not possible to obtain full payment for the goods from your payment card or account we can cancel the order or suspend any further deliveries to you. This does not affect any other rights we may have.

5.3             Where goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the payment card or account with the appropriate amount. Subject to compliance with the conditions in our returns policy

5.4             We will not pass your personal information on to any third party without your permission.  Unless solely due to our negligence we cannot be held liable for any losses you may suffer.  If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.

 

6.                Delivery

6.1              Our delivery services are as follows:

.             Standard - This is our default delivery service to the UK and provides compensation cover upto 100 times the cost of a First Class Stamp. Orders are usually despatched within 24 hours and are sent using Royal Mail - 1st Class - Signed For service. This is not a "tracked" service but allows us to confirm attempted or successful delivery of the order. The payment of a signed for service relates to one delivery only, we reserve the right to use an alternative delivery method where multiple deliveries are required. Orders should be received within 2 - 3 days from the date of despatch, but could be sooner depending on your location and the delivery services in your area. The "signed for" facility allows us to confirm if your order has been delivered and issue a refund or replacement products if this is found not to be the case. (Subject to a 15 day waiting period). Please note that if the order exceeds the weight permitted for this service, the order will be despatched by Parcel post. This delivery service is FREE for all orders over £50.

              Economy - This service is only recommended for lower value orders as no compensation is provided for loss or damage. Orders are usually despatched within 24 hours and are sent using Royal Mail - 2nd Class. This service is not signed for and therefore does not allow us to confirm delivery. Please note this service provides good value for money however the delivery can take 3 - 5 days from the date of despatch. As the service does not require a signature it may be more suitable for customers who wish to make use of a "safe place". Please note that if the order exceeds the weight permitted for this service, the order will be despatched by Parcel post. The value based free delivery option is not available with this service, please use the Standrd or Express delivery options.

              Express - This is our next day delivery service to the UK only, with guaranteed delivery by 1am  the next working day, from date of despatch and up to £500 automatic compensation for loss or damage. The term "next day" refers to the day after despatch of the goods and not the day after the order is placed. Where the Express option is selected and we are unable to despatch your order with 24 hours, we will contact you. The payment of a Special Delivery service relates to one delivery only, we reserve the right to use an alternative delivery method where multiple deliveries are required. This delivery service is FREE for all orders over £100.

              Europe & Rest of the World - These are our default international delivery service with an antiicipated dellivery time of  5-7 working days to Europe and 7-10 working days for the Rest of the World. This service provides insurance upto the value of 100 times the cost of a First Class Stamp. The "signed for" facility allows us to confirm if your order has been delivered and issue an immediate refund or replacement products if this is found not to be the case. The payment of a signed for service relates to one delivery only, we reserve the right to use an alternative delivery method where multiple deliveries are required.

6.2             Delivery of the goods shall be made by us or our carrier to the address for delivery shown in the order form. The delivery address  should be given in full, including road names and Post Codes where applicable. We reserve the right to reject and order that does not contain sufficient delivery information.

6.3             Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon despatch.
6.4             We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date.  We cannot be held responsible for delays beyond our control.  If we are unable to make the delivery date we will contact you.  If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund.

6.5             If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this. In this instance delivery will be said to "partial".  Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.   
6.6             If we fail for any reason within our control to fully/partially deliver your goods any reimbursement shall be no more than the price of the goods, together with any delivery and/or reasonable return costs.
6.7             Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery.  If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.

6.8             We reserve the right to change the selected delivery option to match the delivery address and charge the difference in price.

6.9             All delivery times are estimates and we accept no liability for loss or damage experienced as a result of deliveries occuring outside these time scales. 

 

7.               Risk and property

7.1             As soon as we have delivered the goods or services, you will be responsible for them.  If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.

7.2             Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to you until we have received payment or cleared funds in full for the price of the goods.  Goods supplied to you are not for resale.

 

8.               Warranties and liability

8.1             Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer?s warranty/guarantee.  These are rights given to you by the manufacturer in addition to your statutory rights.  Any additional rights given to you by the manufacturer in respect of goods purchased are not incorporated into this contract.

8.2             As a consumer you have statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights.  For further information regarding these rights contact Trading Standards or Citizens? Advice Bureau.

8.3             You are asked to examine the goods as soon as reasonably possible after delivery.  Any claim by you based on any defect in the quality or condition of the goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.

8.4             Where a valid claim in respect of goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:

·         Reject the goods and receive a full refund;

·         Have the goods (or the part in question) replaced free of charge.

Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:

·         Replace the goods (or the part in question) free of charge

·         At our sole discretion refund to you the price of the goods (or a proportionate part of the price) and we shall have no further liability to you.

8.5             Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:

1.     there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

2.     such loss or damage is not a reasonably[b3]  foreseeable result of any such breach;

3.     any increase in loss or damage resulting from breach by you of any term of this contract.

 In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.

8.6             Subject to our obligations, and your rights under the regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods if the delay or failure was due to any cause beyond our reasonable control.

8.7             We assume no responsibility for the contents of any other web sites to which this website has links.

 

9.               Right to Cancel

9.1             You have a cooling off period of 14 days after the date on which you have received the goods to cancel the contract, return the goods at your cost and receive a full refund of the purchase price, less any delivery cost.

9.2             During the cooling off period any cancellation must be given by written notice by either party.

9.3             Goods must be returned unused, undamaged and complete with all original packing, accessories and instructions. Goods deemed as used will not be accepted for a refund, except when returned due to our negligence or due to a manufacturing design or design fault.

9.4             The right to cancel this contract will not apply in respect of personalised or other goods made to your specifications and non-stock items ordered at your specific request. Any cancelations in respect of such goods will be subject to a 25% surcharge (in respect of the special order item only).

9.5             In the event that we supply substituted goods to you, your right to cancel is as set out above except that the cost of returning the goods shall be borne by us.

 

10.            Communications

10.1          Any communication sent electronically by e-mail or otherwise:

10.1.1       will be deemed to have been sent once it enters an information system outside the control of the originator of the message;

10.1.2       will be deemed to have been received by the intended recipient at the time that in a readable form it enters an information system  which is capable of access by the intended recipient;

10.1.3       will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;

10.1.4       will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

10.2           To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.

 

11.             General

11.1           Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.

11.2           The clauses of these conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.

11.3           No term of the contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

11.4           If any provision of these conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity[b5] , lawfulness or enforceability of that provision in any other jurisdiction.

11.5           We will try and solve any disagreements quickly and efficiently.  If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.

11.6       The headings in these conditions are for convenience only and will not affect their interpretation.