WEBSITE TERMS AND CONDITIONS OF SUPPLY
1 These terms
1.2 Why you should read them. These terms will apply to any contract between us for the supply of 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 please contact us to discuss. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from our site.
1.3 You should print a copy of these terms or save them to your computer for future reference.
1.4 These terms, and any contract between us, are only in the English language.
2 Information about us and how to contact us
2.1 Who we are. We operate the website www.nailpolishdirect.co.uk. We are KST's Limited a company registered in England and Wales. Our company registration number is 06647345 and our registered office is at 84 Derby Road, Loughborough, LLE11 5BX. Our registered VAT number is GB935977760.
2.2 How to contact us if you are a consumer. You can contact us by telephoning our customer service team at 01509 276086 or by writing to us at firstname.lastname@example.org or KST's Limited, 84 Derby Road, Loughborough, Leicestershire LE11 5BX.
2.3 How to contact us if you are a business. You can contact us by telephoning our customer service team at 01509 276086 or by writing to us at email@example.com or KST's Limited, 84 Derby Road, Loughborough, Leicestershire LE11 5BX. If you wish to give us formal notice of a matter in accordance with these terms, please see clause 17.
2.4 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.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
3.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 We also accept orders by telephone. If you would like to order any products by telephone please call 01509 276086 and one of our representatives will guide you through the steps you need to take to place an order with us.
3.3 How we will accept your order. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we email you confirming the products have been dispatched (Dispatch Confirmation), at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to accept your order, due to any reason we see fit, or experiencing technical issues with our website which effects sales and processing orders, we will inform you of this in writing and will not charge you for the product. This might be because the product is 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 or because we are unable to meet a delivery deadline you have specified. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
3.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 We sell Worldwide
For further information please see our delivery information page at https://www.nailpolishdirect.co.uk/delivery-info-i61 You should note that there are restrictions on some products for certain delivery destinations in the UK; please therefore review the information on our delivery information page carefully before ordering products.
Clauses 3.7 and 3.8 only apply if you are a consumer.
3.7 If you are a consumer, you may only purchase products from our site if you are at least 18 years old.
3.8 Certain products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these products through our site.
Clauses 3.9 to 3.12 only apply if you are a business.
3.9 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
3.12 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
4 Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
4.4 you will notify us immediately of any changes to the information provided by you to us by contacting customer services by emailing firstname.lastname@example.org or telephoning 01509 276086.
4.5 If you require contact lens aftercare, we would suggest visiting your usual medical practitioner, optometrist, optician or ocular health or eye care specialist, otherwise, please contact us by email at email@example.com with your name, order reference, and residential address and we will endeavour to provide you with details of eye care specialists in your local area. By providing the details of such specialists we make no warranty or representation as to the quality of services, care, advice, or treatment provided by them or following their advice.
5 Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6 Our rights to make changes
6.1 We may amend these terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order products from us, the Terms in force at the time of your order will apply to the contract between you and us.
6.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6.4 Minor changes. We may change the product and these terms to reflect changes in relevant laws and regulatory requirements and change the product to implement minor technical adjustments and improvements (which will not affect your use of the product) but, if we do so, we will notify you and explain the effects of these changes before the changes take effect.
6.5 More significant changes to the products and these terms. In addition we may make more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7 PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. We or our courier will deliver the goods to you as soon as reasonably possible and if you are a consumer in any event within 30 days after the day on which we accept your order, or we will contact you with an estimated delivery date or to agree a delivery date, which if you are a consumer will be within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control.
7.3.1 An event outside our control means any act or event beyond our reasonable control, including for example strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3.2 If you are a consumer, 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.
7.3.3 If you are a business, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. An event outside our control is defined above in clause 8.3.1. If an event outside our control takes place that affects the performance of our obligations under a contract:
18.104.22.168 we will contact you as soon as reasonably possible to notify you; and
22.214.171.124 our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our normal working hours on weekdays (excluding public holidays).
7.5 If you are not available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we or our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
Clauses 8.7 to 8.9 (inclusive) only apply if you are a consumer.
7.7 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
7.7.1 we have refused to deliver the products;
7.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.7.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 8.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01509 276086 or email us at firstname.lastname@example.org for a return label or to arrange collection.
7.10 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.11 When you own goods. You own a product which is goods once we have received payment in full.
7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.13.1 deal with technical problems or make minor technical changes;
7.13.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.13.3 make changes to the product as requested by you or notified by us to you (see clause 7).
7.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days in any 30 day period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.7).
8 Your rights to end the contract
This clause 9 only applies if you are a consumer.
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
8.1.3 If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below 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:
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