JD Professional Hair Care Ltd Terms and Conditions of Sale
1. Definitions
1.1 The ‘Buyer’ means the person who buys or agrees to buy Goods from the Seller.
1.2 The ‘Seller’ means JD, Unit D3, Ivinghoe Business Centre, Blackburn Road, Houghton Regis, Bedfordshire LU5 5BQ
1.3 ‘The Goods’ means the goods/and or services subject to the contract between The Buyer and The Seller.
1.4 ‘Conditions’ means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
2. Conditions
2.1 These ‘Terms and Conditions’ do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.3 If any amendments to these terms and conditions are required it is preferable that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these conditions.
3. Prices
3.1 The Price shall be that on the Sellers current list price, web site or if applicable the price contained in the Sellers quotation.
3.2 Should a product’s price change between receipt of order and despatch the buyer will be charged at the price of the product at the time of order.
3.3 All prices are exclusive of VAT unless otherwise stated and charges for packing, postage and carriage (plus VAT) shall be paid in addition if goods required outside of the Sellers free delivery schedule.
3.4 The total purchase price, including VAT and any delivery charges will be displayed on the Buyer’s invoice.
3.5 In the case of other sales, payment is due in full at the time of order.
3.6 If any act or proceedings shall be commenced in which the Buyers solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
3.7 All free products on mailer/website promotions will be calculated with the cheapest free, except where stated
4. Payment Terms
4.1 Payment is due in full open order via our card payment system.
4.2 Our payment currency is in GBP and the Merchant domicile is United Kingdom.
5. Warranty and Liability
5.1 The Seller warrants that the Goods will, at the time of delivery correspond to the description given by the Seller. All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
6. Delivery
6.1 Deliveries made by the Seller are free of charge if the order exceeds £100 ex vat, order below that figure will have a £5.95 charge.
6.2 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet an estimated delivery date.
6.3 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7. Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods.
7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 48 hours of delivery if the Goods are missing or damaged. If the Buyer fails to do so they are deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim or defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or it’s agent to inspect or collect the goods or
b) at the Sellers discretion be returned by the Buyer to the Seller who will refund the cost to the Buyer if the Goods are in fact found defective.
8. Force Majeure
8.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
9. No Waiver
9.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
10. Liability
10.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these conditions by the Seller the remedies of the Buyer shall be limited to damages which shall under no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
11. Complaints
11.1 Any complaints about services or Goods you purchase from JD please contact us immediately on 01582 690079, we will aim to provide a resolution at the earliest possible time.
1.2 All complaints will be dealt with in a fair and confidential manner.
1.3 Any faulty or damaged stock needs to be reported within 24 hours of delivery.