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1.1 "Buyer" means the individual
or organisation who buys or agrees to
buy the Goods from the Seller;
1.2 "Consumer" shall have
the meaning ascribed in section 12 of
the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract
between the Seller and the Buyer for
the sale and purchase of Goods incorporating
these Terms and Conditions;
1.4 "Goods" means the articles
that the Buyer agrees to buy from the
Seller;
1.5 "Seller" means Derma UK
Ltd, ARC Progress, Mill Lane, Stotfold.
Beds. SG5 4NY. England that owns and
operates nailit.org web site.
1.6 "Terms and Conditions"
means the terms and conditions of sale
set out in this agreement and any special
terms and conditions agreed in writing
by the Seller;
1.7 "Web site" means nailit.org
2.1 Nothing in these Terms and Conditions
shall affect the Buyer’s statutory
rights as a Consumer.
2.2 These Terms and Conditions shall
apply to all contracts for the sale
of Goods by the Seller to the Buyer
and shall prevail over any other documentation
or communication from the Buyer.
2.3 Acceptance of delivery of the Goods
shall be deemed conclusive evidence
of the Buyer’s acceptance of these
Terms and Conditions.
2.4 Any variation to these Terms and
Conditions (including any special terms
and conditions agreed between the parties)
shall be inapplicable unless agreed
in writing by the Seller.
2.5 Any complaints should be addressed
to the Seller's address stated in clause
1.5.
3.1 All orders for Goods shall be deemed
to be an offer by the Buyer to purchase
Goods pursuant to these Terms and Conditions
and are subject to acceptance by the
Seller. The Seller may choose not to
accept an order for any reason.
3.2 Where the Goods ordered by the Buyer
are not available from stock the Buyer
shall be notified and given the option
to either wait until the Goods are available
from stock or cancel the order and receive
a full refund within 30 days.
3.3 When making an order through the
web site, the technical steps the Buyer
needs to take to complete the order
process are described in our store software.
4.1 The price of the Goods shall be
that stipulated on the web site. The
price includes delivery charges unless
this is shown.
4.2 The total purchase price, including
VAT and delivery charges, if any, will
be displayed in the Buyer’s shopping
cart prior to final confirmation of
the order.
4.3 In all cases payment of the total
price including any delivery charges
must be made in full before dispatch
of the Goods.
5.1 The Seller reserves the right to
periodically update prices on the web
site, which cannot be guaranteed for
any period of time.
5.2 The Seller reserves the right to
withdraw any goods from the web site
at any time.
5.3 The Seller shall not be liable to
anyone for withdrawing any Goods from
the web site or for refusing to process
an order.
The Seller warrants that the Goods will
at the time of dispatch correspond to
the description given by the Seller.
Except where the Buyer is dealing as
a Consumer, 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.
7.1 Goods supplied within the UK will
normally be delivered within approximately
3 working days of acceptance of order, but buyer should allow up to 7 working days.
7.2 Goods supplied outside the UK will
normally be delivered within approximately
5 working days of acceptance of order, but buyer should allow up to 10 working days.
7.3 Delivery of the Goods shall be made
to the Buyer’s address specified
in the order and the Buyer shall make
all arrangements necessary to take delivery
of the Goods whenever they are tendered
for delivery.
9.1 The Buyer shall inspect the Goods
immediately upon receipt and shall notify
the Seller In writing within 7 working
days of delivery if the Goods are damaged
or do not comply with any of the Contract.
If the Buyer fails to do so the Buyer
shall be deemed to have accepted the
Goods.
9.2 As a consumer, you have the right
to cancel the Contract and receive a
refund by informing the Seller in writing
or by email within 7 working days of
receipt of the Goods. The right to cancel
does not apply to contracts whereby
the sealed goods have been opened.
9.3 Goods must be returned by the Buyer
and should be adequately insured during
the return journey. The Buyer will receive
a refund of all monies paid for the
Goods (including delivery charges, if
any, and return postal charges) within
30 days of cancellation. However, if
the Buyer fails to return the Goods
following cancellation, the Seller shall
deem the cancellation request has been
withdrawn.
9.4 Goods that are returned must clearly
show your name inside the package.
9.5 Where returned Goods are found to
be damaged due to the Buyer’s
fault the Buyer will be liable for the
cost of remedying such damage.
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
Terms and Conditions by the Seller the
remedies of the Buyer shall be limited
to damages which shall in no circumstances
exceed the Price of the Goods and the
Seller shall under no circumstances
be liable for any indirect, incidental
or consequential loss or damage whatsoever.
10.2 Nothing in these Terms and Conditions
shall exclude or limit the liability
of the Seller for death or personal
injury resulting from the negligence
of the Seller.
No waiver by the Seller (whether express
or implied) in enforcing any of its
rights under this contract shall prejudice
its rights to do so in the future.
The Seller shall not be liable for any
delay or failure to perform any of its
obligations if the delay or failure
results from events or circumstances
outside its reasonable control, including
but not limited to acts of God, strikes,
lock outs, accidents, war, fire, failure
of any communications, telecommunications
or computer system, breakdown of plant
or machinery or shortage or unavailability
of raw materials from a natural source
of supply, and the Seller shall be entitled
to a reasonable extension of its obligations.
If any term or provision of these Terms
and Conditions is held invalid, illegal
or unenforceable for any reason by any
court of competent jurisdiction such
provision shall be severed and the remainder
of the provisions hereof shall continue
in full force and effect as if these
Terms and Conditions had been agreed
with the invalid illegal or unenforceable
provision eliminated.
The Seller shall be entitled to alter
these Terms and Conditions at any time
but this right shall not affect the
existing Terms and Conditions accepted
by the Buyer upon making a purchase.
These Terms and Conditions shall be
governed by and construed in accordance
with the law of England and Wales and
the parties hereby submit to the exclusive
jurisdiction of the English courts.
Any and or all claims for whatever reason
are to be lodged where possible at a
Bedfordshire court local to Derma UK
Ltd.
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