You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 We operate the website http://shop.kbpro.com. We are the Nouveau Beauty Group Limited (“we” “our” “us”), a company registered in England and Wales under company number 05192859 and with our registered office at Nouveau House, Barnsley Road, South Elmsall, Pontefract, West Yorkshire, WF9 2HR. This address is also our main trading address. Our VAT number is 845 6141 24.
1.2 We are a limited company.
1.3 Our products are regulated in accordance with EU standards.
2. Service availability
2.1 We do not usually accept orders from addresses outside the UK and Channel Islands. Please contact our Customer Services Team on 01977 655630 between 9.00am and 5.30pm, Monday – Friday to discuss any special requests and to obtain more information.
3. Business sales only
These sale terms and conditions apply to all sales of goods by us to businesses through our web site, and shall apply to any orders you submit through our web site. Purchases are not be made by consumers.
4. Your status
By placing an order through our site, you warrant that:
(a) you are purchasing as a business customer or on behalf of a business customer; and
(b) you are legally capable of entering into binding contracts; and
(c) you are at least 18 years old; and
(d) you are resident in the UK and/or Channel Islands; and
(e) you are accessing our site from that country.
5. How the contract is formed between you and us
5.1 You can place the order for the Product(s) on our site by clicking the ‘Place Order’ button on the Payment page of the checkout process.
5.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase our Product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
5.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.4 Payment will be taken once the goods have been dispatched from our distribution centre.
5.5 Your order will be dispatched according to the delivery option you have selected during the checkout process on the Website.
5.6 All Products shown on the Website are subject to availability at the time of placing your order.
6. Price and payment
6.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Product prices exclude VAT and all Products will be subject to VAT. However, if the rate of VAT changes between the date of your order and the date of dispatch, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
6.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
6.5 If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
6.6 Payment for all Products - we accept payment with; Paypal, MasterCard, Maestro, Visa, Visa Debit, and Visa Electron.
We will not charge your credit or debit card until we dispatch your order.
7. Availability and delivery
7.1 All Products shown on the website are subject to availability at the time of placing your order.
7.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.3 Delivery will be undertaken by independent shipping companies. Delivery times quoted are those stated by the shipping companies and once goods have left the premises are under the control of that company. We may assist with tracking orders but you must be aware there may be delays due to weather, transportation issues and any other force majeure and we will not accept liability in these instances.
7.4 A signature may be required from the courier on delivery. You must inspect the package for any damage and report any damage to the courier before signing for the goods. We also request that you take a photograph of the damaged package and report the damage to us no later than 24 hours after you received the package by contacting our Customer Services Team on 01977 655630 between 9.00am and 5.30pm, Monday – Friday or via email at [email protected].
7.5 When you receive the goods you should immediately inspect them for damage and faults, and you should inform us within 24 hours if you do not consider that you have received the goods you ordered, or if you consider that the goods are faulty or damaged, otherwise the goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods. View delivery guide.
The Products will be your responsibility from the time of delivery to the delivery address specified on your order form.
9. Retention of title
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and any other charges owed by you.
10. Cancellation rights
10.1 To cancel a Contract, you must inform us in writing by e-mailing us at , quoting your full name, order reference number, date and value of the order and your method of payment. You must also return the Products to us within 14 days beginning on the day you received the Products, and at your own cost. You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10.2 If you wish to amend or cancel your order on the same day of placing the order, you must contact our Customer Services Team immediately or as soon as possible after your order has been placed on 01977 655630 or via email [email protected] between 9.00am and 5.30pm, Monday – Friday and then confirm in writing in accordance with sub-clause 11.1 above. If your order has already been dispatched then your payment will still be processed in the usual way, this is very likely because we process orders immediately upon receipt. In these circumstances it will not be possible to amend or cancel your order and it will be necessary to follow the cancellation procedure in sub-clause 11.1 above.
10.3 You will not have any right to cancel a Contract for the supply of any of the following Products if:
(a) the goods were made to your specifications or were personalised to you;
(b) the goods cannot be returned by reason of their nature (for example, if you have opened or used the goods) or they are liable to deteriorate or expire rapidly;
(c) the goods were sealed and you have opened the seals;
(d) the goods or it’s packaging are damaged or marked in any way, or have unreasonable wear or are otherwise not in a condition that would be consistent with you having taken reasonable care of them;
(e) the goods are in a such a condition that they cannot be re-sold at all or for more than 80% of their original value;
(f) you are not able to return the goods with all the packaging, contents, documents, and other items sold with or as part of the goods, including any free gifts; or
(g) you sell, transfer, hire or lend the goods or give ownership of the goods to someone any other person.
11. Our refunds policy
11.1 If you return a Product to us for any reason (for instance, because you have notified us in accordance with clause 24 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your eligibility for a refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, including any applicable delivery charges and any reasonable costs you incur in returning the item to us.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
13. EXCLUSION OF IMPLIED TERMS
All warranties, terms or conditions implied by statute, common law, custom or otherwise regarding description, quality, fitness for purpose, or compliance with description or sample of the goods are excluded to the fullest extent permitted by law.
14. Our liability
14.1 Subject to clause 15.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products (including the price of delivery) and, subject to clause 15.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
14.2 Subject to clause 15.3, we will NOT be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 15.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 15.2.
14.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14.4 Where you buy any Product from a third party seller through our site or by following a link from our site, the seller's individual liability will be set out in the seller's terms and conditions.
15. Import duty
15.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact the relevant customs office for further information before placing your order.
15.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to the Nouveau Beauty Group (KB Pro Shop) at Nouveau House, Barnsley Road, South Elmsall, Pontefract, West Yorkshire, WF9 2HR OR [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer of rights and obligations
18.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Events outside our control
19.1 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 events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
22.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
22.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
22.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this clause limits or excludes any liability for fraud.
23. Our right to vary these terms and conditions
23.1 We have the right to revise and amend these terms and conditions from time to time.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. Law and jurisdiction
Contracts for the purchase of Products 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) will be subject to the exclusive jurisdiction of the courts of England and Wales.
25. Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.