PLEASE READ THESE TERMS CAREFULLY.
AS THEY APPLY TO OUR SUPPLY OF PRODUCTS TO YOU
These terms and conditions were last updated: 18th October 2021
Introduction
Thank you for accessing www.nkbeauty.uk (our site). please read these terms and conditions before using our site which is operated by NK Beauty Ltd, a company registered in England and Wales under company number 13229572, whose registered office and main trading office is at:
Seven Stars House, 1 Wheler Road, Coventry, CV3 4LB
These terms tell you the terms of use on which you make use of our site, whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to our site. please read these terms carefully before you start to use our site.
By using our site, you confirm that you accept these terms and that you agree to comply with them. if you do not agree to these terms, you must not use our site.
- DEFINITIONS
- In these Terms and Conditions, the following definitions shall apply:
- ABOUT THESE TERMS AND CONDITIONS
- These Terms and Conditions are applicable to the supply of beauty products from 3rd party cosmetic companies and own brand from NK Beauty Ltd on website www.nkbeauty.uk. The terms and conditions should be read in conjunction with our Privacy and Cookies Policies. These parts together or applied separately form a legally binding contract between you and NK Beauty Ltd. If there is any inconsistency between the terms in the aforementioned documents, the Terms and Conditions in this document shall have precedence.
- Use of the website constitutes an agreement to be bound by these Terms and Conditions and users of this Website must be legally capable of entering into binding contracts. If you do not have the capacity to accept these terms or do not wish to be bound by our Terms and Conditions, you are advised not to use the website.
- We shall use reasonable endeavours to ensure we meet our customers’ expectations in accordance with these Terms and Conditions. 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 when placing your order to be provided by us. Communications with you shall be in accordance with our Privacy Policy.
- INTERPRETATION OF THESE TERMS
- Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
- The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
- References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
- The term “including” does not exclude anything not listed.
- USE OF OUR WEBSITE
- Use of the website is subject to our Terms of Use as detailed in our Terms of Use policy.
- NK Beauty Ltd reserves the right to ask users for additional information in order to complete the registration process for any order placed through the website. Any failure to provide such information may result in the order being rejected, as determined at our sole discretion.
- NK Beauty Ltd reserves the right at its sole discretion to deny access to all or parts of the website, to close down accounts of users and change any eligibility criteria at any time and for whatsoever reason.
- NK Beauty Ltd reserves the right to limit or prevent access to the www.nkbeauty.uk website on a temporary or permanent basis for any user, or number of users, if there is a breach of our Terms of Use.
- NK Beauty Ltd reserves the right at our sole discretion to suspend or terminate any account if there is a material breach of these Terms and Conditions.
- OUR CONTRACT WITH YOU
- The acceptance of any order you place with us online will be confirmed through email. You should quote an order reference whenever you communicate with us about your order.
- All products are subject to availability. We deliver to the UK only, subject to our acceptance of an order.
- Restrictions in delivery may apply to remote areas of the UK. You are advised to contact us before ordering products if you live outside of mainland UK. Delivery cannot be made to a PO address.
- Products available from www.nkbeauty.uk will comply with regulations and safety standards, where required, as applicable in the UK.
- PRODUCT DESCRIPTIONS
- The images of products on our website are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that a user’s device will display the colours of any product accurately.
- We make every effort to be as accurate as possible with all sizes, weights, capacities, dimensions and measurements indicated on our website.
- The packaging of a product may vary from that shown by images on the website.
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to change an order already confirmed by us, you should contact us without delay. We will let you know if the change is possible and any applicable changes to the charges, the timing of delivery or anything else which is necessary as a result of the requested change.
- OUR RIGHTS TO MAKE CHANGES
- We may change products available to reflect changes in relevant laws, technical and regulatory requirements.
- We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on the website. We shall not be liable to you or any third party by reason of our withdrawing any product or service from the website.
- We may suspend the supply of a product in the following circumstances:
- to deal with technical problems or make minor technical changes;
- to update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you.
- PRICE AND PAYMENT
- The price of the product will be the price indicated when an order is placed. We take all reasonable care to ensure that the price of product advised to you is correct.
- We accept payment with Visa and MasterCard debit and credit cards. All orders must be paid for before dispatch. All cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will cancel the order unless you make alternative payment arrangements.
- Prices shown are in UK £ and include VAT.
- If you think you have been charged wrongly please contact us promptly to let us know.
- All prices shown online are inclusive of VAT and shall be payable in a currency stipulated on the website.
- Payments are processed on our behalf by our authorised payment provider using appropriate encryption and security measures. We do not hold any payment or transaction details on our servers or on the website.
- If we are unable to charge your credit or debit card with the full amount of the xxx, or if we are charged back for any fee previously charged to your credit or debit card, we reserve the right to pursue all available remedies to recover payment including without limitation, suspension or termination of your www.nkbeauty.uk account and rights from the website.
- DELIVERY OF ORDERS
- For online orders the cost of delivery shall be confirmed to you at the time an order is placed.
- Delivery charges and timescales will vary depending on the type of products ordered, the service you select and the delivery address. The delivery schedule is as follows:
Next day delivery via Courier: | Monday to Thursday only |
Orders placed before 2pm via Royal Mail: | Monday to Thursday will be dispatched the same day |
Standard Delivery: | 3-5 days |
- If your order 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. 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.
- You shall have responsibility for your order from the time we deliver to the delivery address or at the time the product is collected from us.
- In the event that an order is undelivered the courier or Royal Mail should notify you to rearrange a delivery date. We reserve the right to make an additional charge to you for re-delivery if the goods are returned to us.
- We reserve the right to cancel any contract if we are unable to deliver the order within a reasonable time period and this is due to circumstances beyond our reasonable control.
- CANCELLATION AND REFUNDS – ONLINE ORDERS
- We shall uphold your rights in accordance with the Consumer Rights Act 2015.
- You may cancel any order placed prior to our dispatch of goods if you send an email to us within 2 hours of placing an order. The email for cancellation is [email protected]
- Cancellation requests sent before 2pm on weekdays will be processed the same day. Cancellations after this time and on non-working days will be processed the next working day. Our general warehouse hours of operation are 9am to 3pm.
- Under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013) you have the right to cancel any order placed on the website within 14 days of receiving the order. This right does not apply to those products which are exempt for hygiene reasons or if packaging is opened. We reserve the right to inspect any product prior to issuing any refund.
- If on delivery you find that products are defective or damaged, you must notify us of the defect within 1day of the date of delivery. We may ask you to return the product to us and if faulty and the fault was not caused by your neglect or misuse, you may be entitled to a refund. We will reimburse you for the cost of delivery back to us by the cheapest means of delivery. Any refund of the product is subject to our assessment of the product when received back by us.
- If we send you an incorrect product, you must notify us as soon as you discover the mistake and within a reasonable period of time. We may ask you to return the product to us by post at our cost or arrange for our carrier to collect the product from you.
- If we have done or have told you we are going to do something that affects our agreement with you, you may have the right to end your contract with us. In the following circumstances you shall be entitled to receive a full refund for any product not yet dispatched by us:
- we have told you about an upcoming change to any 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 product may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
- If you have changed your mind about an order placed or part-of, you should contact us to discuss your options, we will only accept it if unopened. You have the right to a refund for an order placed online where you notify us within 14 days of delivery. You then have a further 3 days in which to return the product/order to us. All refunds and exchanges are subject to our acceptance of the return of the contents of the order.
- If you are returning an order for any reason, other than those that are faulty or there is an error by NK Beauty, you will be responsible for the cost of returning the products
- We shall not accept the return of any product in respect of:
- products that are made to your specification or personalised; or
- products that have been unsealed and/or used after you receive them.
- All products returned should be sent back with the original packaging unless damaged or defective. Proof of purchase is required for all returns.
- Refunds that are accepted by us will be processed and paid within 30 days, using the original payment details and method.
- REVIEWS AND COMMENT
- NK Beauty Ltd – www.nkbeauty.uk has the right to publish any feedback received from customers but retains the right to choose not to display a review for any reason whatsoever.
- The opinions of users are solely their opinion and do not confer any endorsement or approval by NK Beauty Ltd in any way. We are not liable for any negative reviews or feedback.
- NK Beauty Ltd – www.nkbeauty.uk reserves the right to remove or exclude any review or rating that is deems inappropriate at any time. We are not required to give any reason for such actions.
- CONCERNS AND COMPLAINTS
- If you are not satisfied with any order placed via the website, you should contact us directly, by email to [email protected], without delay. We shall endeavour to resolve the matter without the need for further recourse.
- If you have a concern regarding defective product, you should contact us directly as soon as you become aware of the defect. You can do this by email to [email protected]. We may offer a refund (including part-refund), repair or replacement depending on the circumstances and any assessment of the product as we determine is necessary.
- NK Beauty Ltd has a legal duty to supply products that comply with these Terms and Conditions and in accordance with the Consumer Rights Act 2015. Nothing in these Terms and Conditions shall affect your statutory rights.
- COPYRIGHT
- NK Beauty Ltd is the owner and authorised copyright licence holder of the logos, trademarks and content present on this website. You acknowledge and agree that our content and products are protected by copyright, patent, trademark, trade secret or other proprietary rights which are owned by or licensed to us or otherwise used by us as permitted by law. We do not grant any licence, copyright or use of any other of our intellectual property rights to any third party. You shall not own nor acquire any title, copyright or any other intellectual property rights in relation to the NK Beauty Ltd website www.nkbeauty.uk and you shall not modify, translate, adapt or otherwise amend the contents. Reproduction of the NK Beauty Ltd website www.nkbeauty.uk in whole or any part thereof is strictly prohibited.
- Users must not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the NK Beauty Ltd website www.nkbeauty.uk.
- DATA PROTECTION
- NK Beauty Ltd acts as a Data Controller in relation to the products supplied under these Terms and Conditions, all data provided to www.nkbeauty.uk is treated as confidential. We reserve the right to withhold records which may compromise the confidentiality of other customers.
- Under data protection legislation, data subjects have the right to access any data personal data kept by NK Beauty Ltd through a Subject Access Request (SAR). If you wish to invoke this right, you should email [email protected]
- As permitted under data protection legislation we will store personal data only for as long as necessary and for legitimate purposes. We do not pass personal data to any third parties except where lawfully permitted. Personal data is not sold to any third party.
- We may request feedback on your interactions with the website, but this information remains confidential between us and you and is not posted on the website or available to third parties except as described in our Privacy Policy.
- We retain the right to respond to legal requests as necessary.
- CHANGES TO OUR TERMS AND CONDITIONS
These Terms and Conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.
- LIMITATION OF LIABILITY
- NK Beauty Ltd has taken every care in the preparation of the content on this website, but to the full extent permissible we disclaim all responsibility for damage or loss howsoever arising including but not limited to loss of projects, loss of profits, loss of data or consequential or indirect losses arising in contract, tort or otherwise from the use of or inability to use the website and/or any information or products on the platform.
- All information available on the website is provided in good faith on an “as is” basis. NK Beauty Ltd does not represent or warrant to the reliability, accuracy or completeness of the information contained on the website.
- All purchases are made or accepted at the user’s own risk.
- We make no warranty that the contents of the website are free from the influence of malware which has destructive or monitoring properties and shall have no such liability.
- We accept no responsibility or liability for the content, security, availability and privacy practices, or any material on any website that is not under the control of NK Beauty Ltd. A link to a third-party Website does not imply endorsement by NK Beauty Ltd.
- Any images used on the website are for illustrative purposes only and products may vary slightly from those shown. Prices, offers and products are subject to availability and may change at the seller’s discretion.
- As required by law, our liability is not limited in the following circumstances:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015 (where applicable to UK consumers).
- FORCE MAJEURE
NK Beauty Ltd shall not be liable for any failure or delay in performing their obligations under these terms and conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of NK Beauty.
- ENTIRE AGREEMENT
By using the NK Beauty Ltd website www.nkbeauty.uk, users accept that they shall not rely on any representation, warranty or other provision except as expressly provided in these terms and conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
- SEVERABILITY
If at any time one or more clause, paragraph, subparagraph or any other part of this Agreement is held to be, or becomes, void or otherwise unenforceable for any reason under any applicable law the same shall be deemed omitted and the validity and / or enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired.
- NO PARTNERSHIP
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these terms and conditions.
- DATA PROTECTION
- We will use the personal data you provide to us to enable us to process your order including taking payment for products.
- We will take all reasonable steps to ensure all personal data remains confidential in accordance with data protection legislation including the Data Protection Act 2018 and General Data Protection Regulation (GDPR). You are advised to refer to our Privacy Policy for further details including your rights.
- We shall put in place the technical and organisational measures necessary to ensure that Personal Data is protected against accidental or unlawful loss, destruction, damage, unauthorised access, use, modification, disclosure or other misuse.
- We shall only transfer Personal Data to a country outside of the EU if a finding of adequacy has been made in respect of the relevant country or, in the absence of a finding of adequacy, use an approved means to safeguard data as permitted under the GDPR.
- We retain the right to respond to legal requests as necessary, which may include the disclosure of Personal Data.
- ASSIGNMENT OF RIGHTS
- No part of these Terms and Conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
- You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
- No other person shall have any rights to enforce any of these Terms and Conditions. Neither us or you will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about the transfer. We will refund you any payments you have made in advance for products not provided.
- WAIVER
- A waiver of any right under these Terms and Conditions is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
- The rights and remedies of either party under these Terms and Conditions shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by the other party nor any failure or delay by the other party in asserting or exercising any such rights or remedies.
- NOTICES
- Any notice delivered personally shall be deemed to be received when delivered. Notices sent to you by e-mail will be deemed to have been received twenty-four hours after sending. Letters sent by post will be deemed to have been received forty-eight hours after sending.
- We can be contacted by email to [email protected]
- The postal address for all notices and correspondence is NK Beauty Ltd, Seven Stars House, 1 Wheler Road, Coventry, CV3 4LB
- GOVERNING LAWAND JURISDICTION
These Terms and Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with the mare governed by and shall be construed in accordance with the laws of England and Wales and each party irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions.