The seller is Peelology Limited t/a Tibby Olivier referred to herein as “The Seller” company number 05906071 whose registered office is at 35 Stamford New Road, Altrincham, Cheshire WA14 1EB
Price quoted are subject to VAT at the prevailing rate. The prices may be subject to change at our discretion without prior notice. We do not sell on sale or return basis and cancellation after dispatch is not acceptable.
You referred to herein as “The Buyer” means that you are ordering in connection with your business as a beauty professional as a sole trader, limited company or PLC. You acknowledge that you are not contracting as a consumer, and so do not have any consumer rights.
You must be resident in UK, The Islands, Channel Islands or Isle of Man.
You connection to our ordering system must be made from one of the above territories.
You also agree that any contract or agreement is governed by UK Law.
All prices are exclusive of VAT at the current rate and delivery costs where applicable. We reserve the right to amend prices without prior notice. Cancellation of an order after despatch cannot be accepted. Goods are not sold on a sale or return basis.
We will aim to dispatch goods if ordered before and requested on next day delivery. If you have requested normal delivery please allow 3-5 days.
The buyer accepts that delivery dates cannot be guaranteed as delays may be due to circumstances beyond the seller’s control.
Any order re-shipped due to being refused or undeliverable the first time will have the original freight charge added to the due amount, in order to cover our administrative costs and additional transportation costs.
Neither Tibby Olivier nor their nominated carrier will accept claims for consequential losses due to late delivery.
Any claims arising from damage to goods in transit must be brought to the attention of the seller in writing within 3 days of receipt of goods. The seller will then contact the third party delivery team on your behalf.
In exceptional circumstances and only if agreed in writing where we accept returned goods there will be a 15% handling charge but only if the following conditions are met:
- It is the buyers returning items, make sure they are securely packaged. We cannot refund goods damaged in transit if items where poorly packaged.
- The item must be in perfect resalable condition with any shrink wrap still intact and unused.
- Any request must be made to the company within 14 days of receipt of goods outside of this timescale there will be no return available.
- No returned goods will be accepted unless a returns authorisation has been given you must apply for this when making your initial request.
- The appropriate reference number must be quoted on all accompanying documentation with a company detail and covering letter.
- For your own protection please obtain a proof of postage/ receipt from the carrier as the company accepts no responsibility for lost parcels sent by you.
- The seller will not be responsible for any postage costs unless agreed in writing.
Refunds by accepting a refund you hereby agree as accepting payment as full and final settlement.
You furthermore agree to fully release, indemnify, defend and hold harmless Peelology Limited t/a Tibby Olivier and their insured against any further claims, demands, suits, actions, costs and expenses after receipt of the amount.
You assign and transfer all your rights against any third party to Peelology Limited t/a Tibby Olivier upon receipt of refund.
Images that belong to the company that are used are not allowed unless agreed in writing by the seller. The brands are protected by trade marks for example Tibby Olivier trade mark number is UK00003005993.
All images in the UK belong to the SELLER. The seller owns the exclusive rights to visuals and reserve the right to refuse the use of our visuals at any given time.
Any such visuals contained with presentations or other communication are not permitted to be re-used.
Retention of Title
Property in the goods sold shall not pass to the Buyer until the Buyer has made payment in full to the Company of the invoice price for the goods. The seller shall however be entitled to bring an action against the Buyer for the invoice price (or any part thereof unpaid) at any time after the due date for payment of the same.
Only and until payment property of the goods shall have passed to the Buyer, the Company may recover possession of such goods from the Buyer and re-sell such goods and for that purpose the Buyer agrees that the Company, its servants and agents may enter upon any land or building upon which the goods are situated.
The above terms and conditions are an integral part of every sale. The seller reserves the right to alter them at any time, without prior notice.
Contracts for the purchase of Products or Course through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales
You will be supplied with a returns address at the point of receiving the agreement.
INTERPRETATION1.1 When the following terms are used in these Conditions, the following definitions shall apply: Buyer: the person, firm or company who purchases the Goods. Company: Peelology Limited t/a Tibby Olivier, a limited company registered in England and Wales under company number 05906071 and with its registered office at 35 Stamford New Road Altrincham Cheshire WA14 1EB. Conditions: the terms and conditions set out in this document. Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods. Goods: any products to be supplied to the Buyer by the Company pursuant to a Contract.
1.2 The headings in these Conditions do not affect the interpretation of these Conditions.
2. APPLICATION OF TERMS
2.1 Any Contract between the Buyer and the Company shall be subject to these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer attempts to apply). These Conditions may only be amended where this is agreed between the parties in writing and the amendment is signed on behalf of an authorised representative of the Company.
2.2 The Buyer acknowledges that it has not relied on any statement or promise which is made on behalf of the Company, unless such statement or promise has been set out in the Contract.
2.3 Any order placed by the Buyer shall be considered to be an offer to purchase the related Goods and shall not be deemed to be accepted by the Company until the Company confirms acceptance in writing (for example by submitting an invoice to the Buyer) or the Company delivers the Goods (as set out in Condition 4.1) to the Buyer, whichever occurs first.
2.4 The Buyer shall be responsible for ensuring that the terms of its order are complete and accurate.
2.5 If at any time the Company reasonably believes that the Buyer does not, or may not, hold any certificate or permission which may be required for the purchase or distribution of the Goods, the Company may terminate the Contract and refund any monies paid to it by the Buyer, less the Company’s reasonable expenses.
3.1 The Company may make changes to the specifications of the Goods from time to time and the Company shall give notice of such changes to the Buyer as soon as reasonably practicable.
3.2 All samples, descriptions, specifications and advertising issued by the Company are only issued to give an approximate idea of the Goods described in them. They shall not form part of the Contract.
4.1 An order shall be deemed to be delivered when the Company dispatches the Goods from its premises to the address the Buyer provides it with or (where agreed between the parties) when the Buyer collects the Goods from the Company.
4.2 The Company shall contact the Buyer with an approximate delivery date (or, if not, it shall deliver the Goods within a reasonable period of time from receipt of an order). The Company shall not however be liable for any loss, damage or expense arising out of any delay in delivering the Goods.
4.3 If the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods because the Buyer has not provided appropriate instructions or documents:
4.3.1 the Goods shall be deemed to have been delivered when the Company dispatches the Goods (see Condition 4.1) and
4.3.2 the Company may store the Goods until the Goods are ready for delivery.
4.4 If the Company delivers to the Buyer a quantity of Goods of up to 5% more or less than the quantity ordered by the Buyer, the Buyer shall not be entitled to reject the Goods as a result but a pro-rata adjustment shall be made to the related invoice.
4.5 The Company may deliver the Goods in separate instalments. Each separate instalment shall be held to be a separate contract and will be invoiced separately by the Company.
5.1 Risk of the Goods shall pass to the Buyer on delivery (i.e when the Goods are dispatched as set out in Condition 4.1 above). Ownership of the Goods shall pass to the Buyer once the Company has received the full price for such Goods and any other sums which the Buyer owes the Company.
5.2 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
5.2.1 hold the Goods on behalf of the Company, insuring the same at their full price;
5.2.2 store the Goods separately from all other goods; and
5.2.3 ensure that any mark or packaging that identifies the Goods is not removed or concealed; but the Buyer may resell or use the Goods in the ordinary course of its business
5.3 If before ownership in the Goods passes to the Buyer the Buyer becomes subject to any of the events listed in Condition 13.1.2, (or the Company reasonably believes that any such event is about to happen) then, provided that the Goods have not been resold, the Company may order the Buyer to return the Goods. If the Buyer fails to do this promptly the Company may enter any premises where the Goods are stored in order to recover them.
6. PRICE AND PAYMENT
6.1 The price for the Goods shall be the price set out in the Company’s price list published at the time the Buyer’s order is accepted by the Company (unless the parties agree otherwise in writing).The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, which the Buyer shall pay in addition.
6.2 Payment shall be due from the Buyer in clear funds within 30 days of the date of an invoice unless the Company agrees otherwise in writing. The Company shall be entitled to terminate any Contract if the Buyer does not pay any invoice when payment falls due.
6.3 The Buyer shall make all payments due in full without any deduction.
6.4 If the Buyer fails to pay any sum due to the Company, and we choose to take up the option, the Buyer shall be liable to pay interest on such sum from the due date for payment until the date of payment at the annual rate of 5% above the base lending rate from time to time of Barclays Bank plc. Interest shall accrue on a daily basis.
7.1 The Company warrants that the Goods shall be of satisfactory quality and be reasonably fit for purpose from delivery of the Goods until the expiry date specified on the Goods, subject to Condition 7.3.
7.2 Subject to Condition 7.3, if:
7.2.1 the Buyer gives written notice of the defect to the Company within 7 days of becoming aware of the defect (or it should have become aware of the defect);
7.2.2 the Company is given a reasonable opportunity of examining such Goods; and
7.2.3 the Buyer (if asked to do so by the Company) returns such Goods to the Company at the Buyer’s cost (such reasonable cost to be reimbursed in the event that the Goods are found to defective as set out in this Condition); and the Company finds the Goods do not comply with the warranties provided in this Condition then the Company shall (at its option), repair or replace the Goods or refund the price of the Goods on a pro rata basis.
7.3 The Company shall not be liable for a breach of any of the warranties in this Condition if:
7.3.1 the Buyer makes any further use of such Goods after giving notice that the Goods are defective;
7.3.2 the defect arises because the Buyer failed to follow the Company’s instructions as to the storage and use of the Goods and/or with good trade practice; or
7.3.3 the Buyer alters or repairs such Goods without the written consent of the Company.
7.4 This Condition sets out the Company’s full liability in respect of the warranties contained within it.
8.1 A credit note for the price of the Goods will be given to the Buyer if Goods are returned within 30 days of the date of the invoice relating to them and will be accepted by the Company for credit, less a 15% handling charge or £1,500 maximum.
8.2 Goods may not be returned by the Buyer if 30 days have passed since the date of the invoice relating to them, subject always to Condition 7 above.
8.3 Any Goods which the Buyer wishes to return must:
8.3.1 be returned unopened with all stickers still intact and with the packaging clean and in good condition;
8.3.2 have at least one year left on the expiry date where applicable; and
8.3.3 be accompanied by a copy of the delivery note or invoice.
9. ADVERTISING AND PROMOTION
The Buyer shall comply with all directions and instructions given to it by the Company relating to the promotion and advertisement of the Goods.
10. TRADE MARKS
10.1 The Buyer shall promptly give notice in writing to the Company if it becomes aware of:
10.1.1 any infringement or suspected infringement of any intellectual property rights relating to the Goods; or
10.1.2 any claim that any Goods or the manufacture, use, sale or disposal of any Goods infringes the rights of any third party; but shall not take any further action in respect of the above unless reasonably requested to do so by the Company.
10.1.3 The business does not allow the use of any of its logos or trademarks without written permission and agreement from the business.
11. PRODUCT RECALL
The Buyer shall maintain up-to-date and accurate records which shall contain sufficient information to enable any Goods or batches of Goods to be recalled immediately from the retail or wholesale markets (including batch numbers, delivery dates and the contact details of its customers) and shall promptly provide any assistance reasonably requested from the Company to allow the Company to recall such Goods.
12. LIMITATION OF LIABILITY
12.1 The following provisions set out the entire financial liability of the Company to the Buyer in respect of the sale of the Goods (including any use made or resale of the Goods by the Buyer) whether in connection with any Contract or otherwise.
12.2 All warranties, conditions and other terms are, to the fullest extent permitted by law, excluded from each Contract unless expressly set out in the Contract.
12.3 Subject to Condition 12.2.
12.3.1 the Company’s total liability arising in connection with the performance or contemplated performance of any Contract shall be limited to the price of the Contract to which the breach relates; and
12.3.2 the Company shall not be liable to the Buyer for any loss of profit, loss of business, or damage to the Buyer’s goodwill or for any indirect loss suffered by the Buyer.
13.1 The Company may terminate a Contract if:
13.1.1 the Buyer is in material breach of its obligations under any Contract, and the Buyer fails to remedy the same within 14 days of being notified of such breach by the Company (if it is capable of being remedied); or
13.1.2 if the Buyer becomes insolvent or if an order is made or a resolution is passed for the winding up of the Buyer, or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Buyer’s assets or business, or if the Buyer makes any composition with its creditors or takes or suffers any similar action in consequence of any debt.
13.2 If a Contract is terminated because of the reason specified in Condition 13.1 above, then the Buyer shall immediately pay all sums owing to the Company.
14.1 The Company may assign any Contract or any part of it to any person, firm or company. The Buyer shall not be entitled to assign any Contract or any part of it without the prior written consent of the Company.
14.2 The Company reserves the right to defer the date of delivery or to cancel any Contract or reduce the volume of the Goods ordered by the Buyer (without liability) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, restraints or delays affecting carriers or any inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period of more than 30 days, the Buyer shall be entitled to terminate any related Contract by giving written notice to the Company.
14.3 Each right or remedy of the Company under any Contract is without prejudice to any other right or remedy which the Company may have.
14.4 If any provision of any Contract is found by any court, tribunal or administrative body to be illegal or invalid then it shall be removed as far as is necessary and the remainder of such provision shall continue to have full force and effect.
14.5 Failure or delay by the Company to enforce (in full or in part) any provision of any Contract shall not be construed as a waiver of any of its rights under the Contract.
14.6 The parties do not intend that any term of any Contract shall be enforceable by any person that is not a party to it.
14.7 Each Contract is governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
15.1 All communications between the parties relating to a Contract shall:
15.1.1 be in writing and never acceptable on social media platforms;
15.1.2 be addressed to that party at the address above or such other address, email address or fax number as that party may have specified to the other party in writing; and
15.1.3 be delivered by hand or sent by pre-paid first class post, email or fax.
15.2 Communications shall be deemed to have been received:
15.2.1 if sent by pre-paid first class post, two business days (meaning any day excluding Saturdays, Sundays and bank and public holidays) after posting;
15.2.2 if delivered by hand, on the day of delivery; or
15.2.3 if sent by fax or email on a business day prior to 4.00 pm, at the time of transmission and otherwise on the next business day.
16. BASIS OF SALE
16.1 The Buyer shall advertise or sell the Goods only to genuine retail customers for their own personal or family use. The Buyer acknowledges that resale of Goods to anyone other than genuine retail customers for personal or family use amounts to diversion and that diversion seriously damages the reputation of the Goods and interferes with the business relationships between the Seller and the Buyer, between the Seller and other Salons, and between other distributors of the Goods and other buyers of the Goods. The Buyer agrees that in the case of diversion the Seller is entitled, in addition to the Seller’s other remedies, to an immediate injunction to prevent such diversion. The Buyer may not advertise or sell the Goods to any other Salon or any business or commercial organisation including any retail or wholesale outlet, pharmacy/chemist, convenience goods store or otherwise. The Buyer may not advertise or sell the Goods by auction, telephone, post, mail order catalogue, any media channel or outlet, fax, email or other electronic means of communication or on any third party website including but not limited to eBay and Amazon. The Buyer may not advertise or sell the Goods from any location other than the Salon and in particular may not advertise or sell the Goods from any location which is temporary in nature.