Terms of service

 TERMS & CONDITIONS FOR THE ONLINE SHOP  

1. General provisions
   
   
   1. These Terms and Conditions specify the general provisions of electronic services and sale via the Online Shop bandi-cosmetics.co.uk .
   2. The Shop is operated by the Seller - BANDI LABORATORIES LTD, Ealing Cross, 1st floor 85 Uxbridge Road, W5 5BW London, United Kingdom, e-mail :  [email protected] , [email protected], Company Registration Number: 13074210, UK VAT : 369359054, hereinafter referred to as BANDI.
   3. These Terms and Conditions are always available at the website bandi-cosmetics.co.uk, with permission to download, display and record their contents by printing or saving them to a data carrier at any time.
   4. To register on the site and to place orders with BANDI the Customer must be aged 18 or over and be a UK resident.
   5. Before proceeding with an order the Customer shall be required to show that they have read and understood theese Terms and Conditions.
   6. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser - Firefox, Chrome, Safari, Internet Explorer, Opera, with cookies and JavaScript enabled in the web browser.
   7. The Customer is obliged to:
      1. provide only true, valid and all necessary data when registering and ordering in the Online Shop, as well as update it without delay;
      2. use the services made available by BANDI in a manner not disturbing the functioning of the Online Shop and other Customers;
      3. use the services made available by BANDI in a manner consistent with the provisions of the law and the Terms and Conditions.
         
         
2. Electronic services in the online shop
   
   
   1. The Services are rendered by BANDI free of charge, 24 hours a day, 7 days a week.
   2. BANDI provides the following Electronic Services:
      1. User Account
      2. Newsletter
      3. Enabling Customers to place orders and conclude Sale Agreements under the provisions of these Terms and Conditions;
   3. Using the Account is possible after jointly and severally the following steps have been completed by the Customer:
      1. Completing the registration form and accepting the provisions of these Terms and Conditions,
      2. Clicking the "Register" box.
   4. The Agreement for the provision of service which involves the maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the Account or uses the “Remove Account” button.
   5. The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, shall include receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including, in particular, information about their current offer, promotions, discounts and marketing campaigns.
   6. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his or her electronic mail address from the Newsletter subscription list or when he or she unsubscribes by clicking the link included in the message sent as part of the Newsletter service.
   7. The Agreement for the provision of service which involves enabling Customer to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the order is placed through the Online Shop or when the Customer earlier terminates placing the order through it.
   8. BANDI may at any time terminate the Service Agreement with the Customer giving a 14-day notice period for important reasons, understood as a change in the laws governing the provision of Electronic Services by BANDI affecting the mutual rights and obligations set out in the agreement concluded between the Customer and BANDI, or a change of the scope or provision of services to which the provisions of the Terms and Conditions apply.
   9. If the Customer breaches these Terms and Conditions, BANDI – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14-day
      
      
3. Sales Agreement
   
   
   1. The Customer may only purchase Products from the Shop if they are legally capable of entering into a binding contract with BANDI. By doing so, the Customer confirms that they meet this requirement.
   2. All orders for products are subject to availability.
   3. Products may be ordered by clicking on the items the Customer wishes to purchase and then following the prompts that will appear on-screen. The Customer may check and correct any input errors in his or her order up until the point at which he or she submits their order by clicking the "Confirm and Pay" button on the checkout page.
   4. After placing an order, the Customer shall receive an acknowledgment from BANDI that his or her order has been received. It should be noted that this does not mean that the order has been accepted. The order constitutes an offer to buy the Product(s) ordered . All orders are subject to acceptance by BANDI. BANDI are not obliged to accept the Customer’s order and may, at BANDI’S discretion, decline to accept any order. The Customer does, however, acknowledge that by clicking the "Confirm and Pay " button, he or she  enters into an obligation to pay for the Product(s). Where your order is accepted , this shall be confirmed by sendig the Customer a confirmation (Order Confirmation). The Agreement between the Customer and BANDI in relation to the Product(s) ordered (Agreement) shall only be concluded when  BANDI sends the Customer the relevant Order Confirmation. After entering into the Agreement, BANDI shall be under a legal obligation to supply the Customer with Goods that are in conformity with the Agreement.
   5. The Agreement shall relate only to the Product(s) which have been confirmed in the Order Confirmation.
   6. The Sales Agreement shall be concluded in English.
   7. Orders may be placed 24 hours a day, 7 days a week. An Order implies an obligation to pay.
      
      
   8. Products marked “Professional use only” can only be used by qualified personnel who is responsible for qualification for the procedure, its impelmantation and frequency of the treatments according to their cosmetological education, entitles to practise the procedure and the latest cosmetological knowledge. By purchasing  products marked "Professional use only", the Customer confirms that they meet this requirement.
      
      
4. Price/ Payment
   
   
   1. All prices quoted on this website are shown in pounds sterling (£), are accurate at the time of publication and, where appropriate, are inclusive of UK sales tax (VAT) at the current rate.
   2. Due to circumstances beyond BANDI’s control, prices may be altered, including any alterations to the rate of value added tax or sales tax. The current price shall be shown at the moment of placing the Order.
   3. Delivery charges are clearly highlighted throughout the site at bandi-cosmetics.co.uk .
   4. Possible current payment methods are determined in the Online Shop in the "Payment Methods" tab and each time on the sub-page of a given Product.
   5. The Customer may choose the following payment methods:
      1. By credit/debit card (Visa, Mastercard );
      2. Via PayPal;
      3. Via Bank Transfer;
         1. Online payments are  processed by PayPal, (PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, 2449 Luxembourg).
   1. When making a payment, the Customer shall be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
   2. When making a payment via an electronic payment operator, the Customer should follow the instructions given by the operator of electronic payments in order to make a payment.
   3. The Customer agrees that the purchase documents (VAT invoice / receipt) for the order shall be sent electronically. The invoice sent to the Customer uses the information he or she entered in their User Account. The Customer may edit this data each time he or she places an Order through the website.
   
   
5. Delivery
   
   
   1. Delivery of the Products is performed to the address indicated by the Customer when placing the Order (UK). Please check Shipping & Returns section on our website bandi-cosmetics.co.uk .
   2. Delivery of the Products is carried out by Royal Mail and Hermes.
   3. On the Shop websites, BANDI informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about delivery fees. The deadline for delivery and processing of the Order shall be calculated per Business Days.
   4. If the delivery has been delayed, or if an Order cannot be fulfilled or can be fulfilled only partially, the Customer shall be informed about this within one month after placing the Order. In such cases, the Customer is entitled to repudiate the Agreement free of charge.
   5. After repudiation in conformity with the preceding paragraph, BANDI shall return the payment made by the Customer promptly but at least within 30 days after repudiation.
   6. The Product(s) ordered shall be at the Customer’s risk from the time of delivery. Ownership of the Product(s) ordered shall also pass to the Customer on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
   7. Errors in quantity of the delivered product or damages of the packages must be made to ascertain when receiving the delivery, with the presence of the transportation company representative and notified to the Seller as soon as possible.
      
      
6. Right of withdrawal 
   
   
   1. The Customer who has entered into a distance Agreement may withdraw from it without giving a reason and without incurring any costs other than those provided by laws:
      1. 14 days from the day referred to in paragraph below 4 (hereinafter also "Statutory right of withdrawal");
      2. within 15 - 30 days from the day referred to in para. 4 (hereinafter also the "Extended right of withdrawal") - subject to the provisions of para.
   2. The Customer may compose the declaration by him/herself or use the form of a declaration of the withdrawal from the Agreement (Appendix No 1). A declaration of withdrawal from the Sales Agreement may be submitted for example:
      1. in a written form to the address: -
         Bandi Cosmetics Ltd
         Unit 5
         Clywedog Road North
         Wrexham
         LL13 9XNe-mail: [email protected].
   3. The course of time for the withdrawal from the Sales Agreement shall commence on the date on which the Product was taken by the Customer or by a third party designated by him or her other than the carrier and in the case of a Sales Agreement, which:
      1. includes a great number of Products that are delivered separately, in batches or in parts, from the moment of receiving the last Product, a batch or part, or
      2. is based on regular delivering of Products for a fixed period of time – from the moment of receiving the first of the Products;
   4. Upon receipt of the Customer’s declaration of withdrawal from the Agreement, BANDI shall send a confirmation of receipt of the declaration of withdrawal from the Agreement to the Customer’s electronic mail address.
   5. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, characteristics and functioning of the item.
   6. The purchased Products should be returned to the following address: 
      Bandi Cosmetics Ltd
      Unit 5
      Clywedog Road North
      Wrexham
      LL13 9XN e-mail: [email protected].
   7. BANDI shall immediately, but not later than within 14 days from receipt of the Customer’s declaration of withdrawal from the Agreement, return to the Customer all the payments he or she has made, including the costs of delivery for the Products. BANDI shall refund the payment with the same method of payment as was used by the Customer, unless the Customer agrees to another way of refund, whereas such a refund shall not generate any cost for the Customer.
   8. BANDI may withhold the refund of payment received from the Customer until it receives the returned Product or the Customer provides a proof of its return dispatch, whichever comes first, unless BANDI offered to collect the Product from the CCustomer on its own.
   9. If the form of delivery of the Products selected by the Customer is other than the least expensive, regular form of delivery offered in the Online Shop, BANDI shall not be obliged to refund the Customer any additional costs he or she has incurred. The Customer shall only incur the direct cost of return of the Products, unless BANDI has agreed to incur that cost.
   10. The Customer shall be liable for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. Customer liability may include, in particular, the inability to introduce the Product for sale as a full-fledged Product, the costs of re-placing labels and security elements on the Product, as well as the costs of restoring the Product to a condition enabling its re-introduction for sale in the Online Shop, including the costs of testing the Product by a specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the use of the Product by the Customer in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).
   11. The Customer holds the extended right of withdrawal only in respect of complete, undamaged and unused Products, having all labels and security elements that were placed on the Product at the time of its receiving by the Customer or a third party indicated by him or her. The Customer shall lose the extended right of withdrawal in the event of using the product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.
   12. The right of withdrawal from a distance agreement shall not be available to the Customer in respect of agreements:
       1. for an agreement where the subject of the service are Products which deteriorate quickly or have a short shelf life;
       2. for an agreement where the subject of the service are Products delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
   13. BANDI may, as part of a temporary promotional campaign, grant the Customer the right to withdraw from the Agreement within the express period in the request referred to in paragraph 12 above.
       
       
7. Complaints procedure
   
   
   1. BANDI shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
   2. Complaints should be sent to the following address :
      Bandi Cosmetics Ltd
      Unit 5
      Clywedog Road North
      Wrexham
      LL13 9XN, e-mail: [email protected].
   1. If any Product ordered by the Customer is damaged or faulty upon delivery to the Customer, the Customer may have one or more legal remedies available, depending on when the Customer notifies BANDI of the problem, in accordance with the Customer’s legal rights. Should the Customer believe a Product was delivered damaged or faulty or has developed a fault, they should inform BANDI as soon as possible, preferably in writing, giving their name, address and order reference. Nothing in this section affects the Customer’s legal rights.
   2. The complaints submitted to BANDI shall be replied to within a period of 14 days after the date of receipt.
   3. In the unlikely event that BANDI’s Customer Relations team are unable to resolve the Customer’s complaint, and he or she is still not satisfied following the conclusion of BANDI’S complaints handling procedure, the Customer may also refer his or her complaint to RetailADR (previously 'The Retail Ombudsman'), which is a certified Alternative Dispute Resolution provider. RetailADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP, e-mail: [email protected] – web: retailadr.org.uk, Tel: 0203 540 8063.
      
      
8. Virus
   
   
   1. BANDI cannot guarantee that their website will be secure or free from bugs or viruses. The Customer should use his or her own virus protection software.
   2. The Customer must not misuse BANDI’s Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The Customer must not attempt to gain unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the The Customer must not attack the Services via a denial-of-service attack or a distributed denial-of service attack.
   3. By breaching this provision, the Customer would commit a criminal offence under the Computer Misuse Act 1990. BANDI will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the Customer’s identity to them. In the event of such a breach, the Customer’s registration and right to use the Services shall cease immediately.
      
      
9. Final provisions 
   
   
   1. All content on the bandi-cosmetics.co.uk website including, without limitation, logos, registered trademarks, text, photographs, images, drawings, models or charts, is protected by UK, European, and International intellectual property laws. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder.
   2. Users agree that all access and use of this Website bandi-cosmetics.co.uk and its content is at their own risk. BANDI shall not be held liable in any manner for failures, errors, or computer viruses affecting access to this Website, or any computer malfunctions that occur following Website access. BANDI shall not be liable in any manner for any direct or indirect damages arising from access to the Website or downloading content including images, text, or video files.
   3. This website, its content and any agreements arising from it are governed by and construed in accordance with English law. By entering into an agreement with BANDI the Customer agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
   4. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
   5. Nothing in these Terms and Conditions shall limit or exclude BANDI’s liability to the Customer:
      1. for death or personal injury caused by our negligence;
      2. for fraudulent misrepresentation;
      3. for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
      4. under Part I of the Consumer Protection Act 1987; or
      5. for any other liability that, by law, may not be limited or excluded.
   6. BANDI will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Agreement that is caused by events outside our reasonable control.
   7. A person who is not a party to these Terms and Conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
   8. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and C
   9. BANDI shall reserve the right to modify these Terms and C Each Customer shall be informed about any changes to them by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If a Customer who has a User Account does not accept the amended Terms and Conditions, he or she shall be obliged to notify this fact to BANDI within 14 days from being informed about the amendment of these Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

Appendix 1: Standard Form for Withdrawal 

(Complete this form and return it only when you want to revoke the agreement on e-mail) 

......................................................................................................................... 

-           I/We hereby inform you that I/we wish to revoke our agreement    on the sale of the following products: [specification of the     product]* 

………………………………………………………………………………….. 

the performance of the following service [specification of the   service]* 

…………………………………………………………………………….. 

-           Ordered on*/received on* [date of ordering the services or receiving   products with number]* 

……………………………………………………………………………………………. 

-           [Consumer’s name] 

……………………………………………………………………………………………… 

-           [Consumer’s address] 

………………………………………………………………………………………………… 

-           [Consumer’s signature] (only when this form is submitted on paper) 

…………………………………………………………………………………..