Terms and Conditions

Terms & Conditions

Standard conditions of sale
This contract shall be subject to these terms and conditions of sale. Aesthetic Source Ltd reserves the right to amend these conditions at any time. These terms and conditions shall take precedence over any other terms and conditions, unless otherwise agreed in writing.

Definitions

In these conditions, the following definitions apply:

AS means Aesthetic Source Ltd and the company’s website aestheticsource.com

Buyer means the purchaser of goods from the Company under these terms and conditions.

Products means the products which the Company is to supply the Buyer

UK & ROI Healthcare Professional/ Therapist Trade Only

All brands available through AS and www.aestheticsource.com are intended solely for qualified Beauty and Healthcare Professionals and are offered for sale strictly on a business to business basis. Each brand has specific guidelines regarding qualifications, geographies and sales route.AS reserves the right to request signature of specific Brand Guidelines by the Buyer before accepting an order. AS and any associated companies exclude any liability for damages or loss by unqualified users of the products. AS reserves the right to refuse to accept orders if it believes that a Buyer is not a trade or professional Buyer or if any of the qualification, geography or sales routes are not met.

By placing an order for any product purchased via AS, the Buyer is formally agreeing that they have undertaken sufficient certified training which accredits them to be able to administer this product/s safely and effectively.  AS reserves the right to request copies of certificates and/or insurance as appropriate or to offer or request appropriate training before accepting orders.  The Buyer is formally agreeing that they are appropriately insured and take full professional responsibility for their competence.

For the sake of clarity, AS cannot ship outwith the specific geography for each brand and the customer is granted the right to sell the products in the specific geography. Please contact AS for further information.

The Buyer will need to open the account in the registered company name where applicable. The Buyer will need to provide correct contact details including invoice and delivery addresses. If the Buyer wishes to change their address or any other contact detail, such a change needs to be made in writing.  It is the responsibility of the Buyer to keep their contact details updated with the Company.

If the Buyer has more than one account or more than one delivery address, the Buyer must make clear which address the order should be sent to and on which account.

Prices

All prices on the website and in the brand books are in GBP and shown exclusive of VAT, which will be charged at the rate relevant at the date of sale, where applicable. The prices on the website and brand books are correct at the time of display / printing but the Company reserves the right to change them at any time by giving 14 days’ notice.

The Company's website contains a large number of Products. It is always possible that, despite the Company's reasonable efforts, some of the Products on the site may be incorrectly priced. If the Company discovers an error in the price of the Products the Buyer has ordered, the Company will contact the Buyer to inform and give the option of continuing to purchase the Product at the correct price or cancelling the order. The Company will not process an order until the Buyer gives instructions. Where the Company cannot contact the Buyer on the contact details provided with the order, the Contract will be cancelled. Where the Company mistakenly accepts and processes an order where a pricing error is obvious and unmistakable and could reasonably have been recognised by the Buyer as a mispricing, the Company may cancel the supply of the Product and refund the Buyer any sums paid.

Payment

Payment is due to the Company in full prior to despatch of goods. Payment must be made in GBP only. Fraudulent use of credit/debit cards will be reported to the relevant authorities.

30 day credit accounts are available upon request subject to fulfilment of certain criteria and credit check. Any invoice queries must be notified within 30 days of invoice date. The Buyer must pay all amounts due under these Conditions of Sale in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

If the Buyer fails to make full payment by the due date then the Seller, in addition to remedies allowed under current late payment legislation, shall be entitled to:

a) Cancel the Contract or suspend any further deliveries; and/or

b) Charge the Buyer interest on the amount unpaid at the rate of 8% above the Bank of England rate until the payment is made in full.

Any extension of credit allowed to the Buyer may be changed or withdrawn at any time.

Notwithstanding the above, where the Buyer is purchasing a place on a training course, payment shall be made in advance of the training course.

Warranty

The Company warrants that on delivery, the Goods shall conform in all material respects with their description and any applicable Specification and be free from material defects in design, material and workmanship. 

A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with Specification shall (whether or not delivery is refused by the Buyer) be notified to the Company within 24 hours from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Company accordingly, the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. 

If the Buyer gives notice in writing to the Company that some or all of the Goods do not comply with the warranty set out above and the Company is given a reasonable opportunity of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Buyer's cost, the Company shall, at its option, repair or replace the defective Goods, or refund, if paid, the price of the defective Goods in full. 

The Company shall not be liable for the Goods’ failure to comply with the manufacturer’s warranty as set out above, if (a) the Buyer makes any further use of such Goods or sells them after giving notice; (b) the defect arose because the Buyer failed to follow the Company’s or the manufacturer’s instructions (oral or written) or good practice as to the storage, installation, use and maintenance of the Goods; (c) the Goods were altered or repaired without the written consent of the Company; or (d) the defect arose as a result of fair wear and tear, wilful damage, negligence or abnormal use, storage or working conditions.

Except as provided in this clause “Warranty”, the Company shall have no liability to the Buyer in respect of the Goods' failure to comply with the warranty set out above.

Save as expressly provided in these conditions, all conditions, warranties, representations and other terms expressed or implied by statute, common law or otherwise in relation to the products are hereby excluded to the fullest extent permitted by law. Nothing in these conditions shall limit or exclude the liability of either party for (a) death or personal injury caused by negligence (b) fraud or fraudulent misrepresentation or (c) breach of terms implied by s12 of the Sale of Goods Act 1979.

No liability will be accepted in relation to consequential damage, injury or loss of revenue arising from defective items, whether such a claim arises in contract or otherwise.

Cancellations and Variations

Following acceptance, orders may only be cancelled if the item is currently out of stock. Requests for cancellation must be made in writing. Variations can only be accepted if the goods have not been manufactured or despatched. Any variations must be notified in writing.

Buyer Accounts

If the Buyer orders via aestheticsource.com, the Buyer will be responsible for maintaining the confidentiality of their account including their account and password and accept all responsibility for all activities that occur under their account and password. If the Buyer believes that their password has become known to anyone else, they must inform us immediately. The Company reserves the right to terminate accounts or cancel orders at its discretion. If an order is cancelled before being dispatched the Buyer will not be charged.

Orders

Orders can be placed and paid for via aestheticsource.com; email or telephone. The Buyer should take the time to check and amend any errors before submitting the order. Your order represents an offer to purchase a product which is accepted by the Company once despatched to the Buyer. Any products that are on the same order but are not dispatched do not form part of that contract.

If the Buyer has more than one account or more than one delivery address, it is the responsibility of the Buyer to make clear which address the order should be sent to and on which account.

Web Content

All content on the website is the property of AS or our suppliers. All software used on this website is the property of AS or our software suppliers. You may not extract or reutilise any of the contents of the website without the written permission from AS.

AS grants the Buyer a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it except with the written permission from AS. This license does not include any resale or commercial use of this website or its contents, any downloading or copying of account information for the benefit of another Company.

Neither this website nor any part of it may be reproduced, duplicated, copied, sold, re-sold, visited or otherwise exploited for any commercial purpose without the consent of AS.

Title And Risk

The risk in the Goods shall pass to the Buyer on completion of delivery. 

Title to the Goods shall not pass to the Buyer until the Company has received payment in full (in cash or cleared funds) for the Goods and any other goods or services that the Company has supplied to the Buyer. 

Until title to the Goods has passed to the Buyer, the Buyer shall hold the Goods on afiduciary basis as the Company's Bailee, store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Company's property, not remove, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery, notify the Company immediately if it becomes subject to Insolvency or Incapacity and give the Company such information relating to the Goods as the Company may require from time to time but the Buyer may resell or use the Goods in the ordinary course of its business. 

If before title to the Goods passes to the Buyer the Buyer becomes subject to Insolvency or Incapacity, or the Company reasonably believes that any such event is about to happen and notifies the Buyer accordingly, then, provided that the Goods have not been resold or used and without limiting any other right or remedy the Company may have, the Company may at any time require the Buyer to deliver up the Goods and, if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them. 

Termination

The Company shall be entitled, without prejudice to its other rights or remedies, to terminate wholly or in part every Contract between itself and the Buyer, to suspend any further deliveries or to close a trade account, in any of the following events:

a) There is a breach of these terms and conditions;

b) Any debt is due and payable by the Buyer to the Company but is unpaid;

c) The Buyer fails to provide any letter of credit, bill of exchange or other security required by the Contract;

d) The Buyer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

e) The Buyer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;

f) The Buyer's financial position deteriorates to such an extent that in the Company's opinion the Buyer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy;

g) The Buyer uses false or misleading information to apply for an account or order Products; or

h) In any circumstance where the Company, wholly in its discretion, believes that the Buyer is an unsuitable purchaser of the Products.

Force Majeure

Deliveries against the contract may be suspended or cancelled pending any contingencies beyond our control and the Company shall not be liable for any loss or damage occasioned to the Buyer thereby.

General

All Products are subject to stock availability.

The Company takes special care to show correct sizes and specifications and such descriptions, whilst given as a guide in good faith, are subject to alteration by the Company without notice. All colours shown are as near as can be displayed on a colour monitor.

The Buyer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company. 

A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default 

A person who is not a party to the Contract shall not have any rights under or in connection with it. 

Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Company. 

The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 

Company Details

Aesthetic Source Limited

Registered Address: Northwood House, 138 Bromham Road, Bedford MK40 2QW
Postal Address: 7 Stephenson Court, Fraser Road, Bedford MK44 3WJ
Company Registration: 07875943

VAT Registration: GB128546500

Tel: 01234 313130

info@aestheticsource.com