Scotia Beauty - Terms and Conditions

Our Terms & Conditions

Terms and Conditions of Sandaig Ltd trading as Scotia Beauty:

General

• Unless Scotia Beauty specifically agrees in writing otherwise, all its sales are on the basis of its own terms and conditions and not any standard or printed terms and conditions of its customers.
• Scotia Beauty’s own terms and conditions are the terms and conditions published in the catalogue on Scotia Beauty’s website at the time of the contract for sale (or the most recent version of the catalogue that was on its website, if there are technical problems with the website), and those terms and conditions apply in preference to and supersede all previous versions of its terms and conditions. Scotia Beauty’s terms and conditions are subject to change by Scotia Beauty without prior notice (including change to the priority given to the version of its terms and conditions on the website).
• Scotia Beauty is not bound by any variation of or addition to its terms and conditions unless it has specifically agreed to the variation or addition in writing.
• All Scotia Beauty’s contracts for sale are governed by and must be construed in accordance with English law. Any claim or matter arising under its contracts for sale is subject to the exclusive jurisdiction of the English courts. If Scotia Beauty and a customer with whom it is in dispute agree, the dispute may be referred for arbitration by an agreed arbitrator.
• All Scotia Beauty’s contracts for sale are business to business contracts. Scotia Beauty does not deal direct with consumers.
• If there are any differences between the English language version of Scotia Beauty’s terms and conditions and any other language versions, the relevant English language version is decisive.

Prices

• Prices are shown in GBP (British Pounds Sterling) or in EUR (Euros) depending on the version of the catalogue being viewed.
• Prices are valid as of and correct at the time of notification. However, although Scotia Beauty will endeavour to give advance warning of any price increases, prices are subject to change without prior notice.
• Prices do not include VAT. VAT will be added to all orders within the UK. EU customers should provide a valid VAT number; otherwise they will also have to pay VAT. Non-EU customers are not subject to VAT. VAT is charged at the prevailing UK rate.
• Prices do not include delivery.

Orders

• Minimum order value is 1000 GBP / EUR excluding VAT (when applicable) and delivery.
• Orders can be placed by telephone, email or fax.
• Orders will only be accepted by registered businesses and qualified nail professionals placing business orders; Scotia Beauty will not supply non-professional members of the public.

Payment

• Payment to Scotia Beauty from the customer is required in full in advance of shipment of any goods ordered, unless credit terms have been specifically agreed in writing by Scotia Beauty.
• Scotia Beauty requires that the customer makes all payments by bank transfer to the bank account and in the currency designated on the invoice issued at the time of order, unless other payment arrangements have been specifically agreed in writing by Scotia Beauty.
• All bank charges incurred whilst transferring payment to Scotia Beauty for goods sold are the responsibility of the customer.

Delivery

• The customer may choose for Scotia Beauty to arrange transportation of the goods from their warehouse to the named place of destination under DAP (Delivered at Place) terms provided that it is situated on mainland Europe or they may opt to organise collection and transportation of the goods themselves under EXW (Ex Works) terms.
• When the place of destination and nature of the goods requires that they must be sent solely by sea freight (i.e. Malta), then the customer may choose for Scotia Beauty to arrange transportation of the goods from their warehouse to the named port of destination under CFR (Cost and Freight) terms or they may opt to organise collection of the goods themselves under EXW (Ex Works) terms.
• Delivery terms for non-EEA destinations are to be arranged by negotiation. EXW (Ex Works) or FCA (Free Carrier) terms are generally applicable.
• If Scotia Beauty arranges full or part delivery of the goods, a quote will be provided prior to shipment by Scotia Beauty based on the costs of their chosen freight forwarder under DAP (Delivered at Place) or CFR (Cost and Freight) terms and, upon acceptance by the customer, this price will be added to the invoice. The cost of delivery is subject to the destination, quantity, weight, size and type of goods.
• If the customer arranges the collection and full delivery of the goods, the weight and dimensions of the consignment and collection address will be provided by Scotia Beauty, so that the customer can obtain a price from their own freight forwarder based on EXW (Ex Works) terms.
• Under either EXW (Ex Works), FCA (Free Carrier), CFR (Cost and Freight) or DAP (Delivered at Place) terms, Scotia Beauty is not responsible for import customs clearance or the payment of any import duty or other tax payable in the destination country.
• Delivery times depend on the destination, quantity and type of goods. An estimated delivery time will be given upon receipt of your order. Scotia Beauty endeavour to keep all items in stock and deliver within 1 - 2 weeks where possible.
• Refer to Incoterms 2010 for definitions for each of the above terms of transportation and delivery.

Claims for Damaged, Missing or Faulty Goods

• Scotia Beauty will not accept any claims for goods damaged or lost during transportation, if delivery was under EXW (Ex-Works) terms, as the customer bears full risk from the point of collection until the final destination, or after delivery to the nominated carrier’s address, if under FCA (Free Carrier) terms.
• Claims for damaged or missing items transported under DAP (Delivered at Place) terms or CFR (Cost and Freight) terms, where the damage or loss must be prior to the goods having been loaded on board the ship in the UK, must be notified by the customer to Scotia Beauty in writing by email or fax within 3 working days of receipt or the anticipated receipt of the goods. If no such notification is received within this period, all goods will be deemed to have been received in good condition.
• Any claim for defective or faulty goods must be notified by the customer to Scotia Beauty in writing by email or fax within 7 working days of receipt of the goods. If no such notification is received within this period, all goods will be deemed to have been received in good condition.
• The customer shall not be entitled to reject the goods, if they have been used or processed in any way.
• If Scotia Beauty judges that goods are damaged, faulty or missing after receiving notification from the customer, they may choose to replace the goods, to take the necessary action to bring the goods back into conformity with their specifications or to issue credit and refund the customer for the value of the affected goods.
• No goods shall be returned by the customer without prior agreement in writing from Scotia Beauty.

Title

• All rights to ownership and possession of goods supplied by Scotia Beauty shall belong to Scotia Beauty until payment in full for the goods has been received.

Liabilities

• Scotia Beauty shall not be held liable for any representations in relation to the goods it sells made prior to a contract for sale unless exclusion of such liability is positively unreasonable.
• All implied terms, conditions or warranties (in whatever form), statutory or common law, as to the correspondence of the goods Scotia Beauty sells to any description, their satisfactory quality or their fitness for any purpose whatsoever, are excluded from the contract, unless such exclusion is positively unreasonable.
• Except as expressly provided for by virtue of the previous two bullet points, Scotia Beauty shall not be liable for any loss or damage sustained or incurred by the customer or any third party unless it is caused by the negligence or wilful misconduct of Scotia Beauty or its Employees.
• Scotia Beauty shall not be liable for any failure to fulfil its obligations under the contract of sale where such failure is caused by circumstances beyond its reasonable control.
• Any liability for loss and damage to our customers is in any event limited to an amount not exceeding the contract price. Under no circumstances will Scotia Beauty be liable for consequential loss.

Disclaimer

• While every reasonable care has been taken to ensure that the information including all product specifications contained and shown in this price list, the company catalogue, website and any other literature or documentation provided by Scotia Beauty is correct and accurate, any errors or variations shall be subject to correction or change without prior notice and without any liability on the part of Scotia Beauty.

Data Protection Policy & Privacy Notice

• Scotia Beauty treats the privacy and data protection of its customers and contacts very seriously and in accordance with the GDPR (General Data Protection Regulation (EU) 2016/679) and the company Data Protection Officer ensures that this privacy policy is adhered to by all Directors and Employees.
• Customer information (name, company name, invoice and delivery addresses, telephone number, email address and VAT number, when required for EU customers outside of the UK) provided by the customer at the time of the contract of sale with their consent is held electronically on our internal company computer databases and offline on printed documentation (order and invoice copies) for marketing, sales, administration and accounts purposes. We need to hold this information in order to fulfil sales contracts, follow accounts procedures and to keep our customers informed regarding new nail and beauty products, catalogue or price list changes and offers.
• Potential customer information (name, company name, telephone number and email address) provided voluntarily online via our website is held electronically on our internal company computer databases for marketing purposes in order that Scotia Beauty can answer any enquiries and email information on new nail and beauty products, catalogue or price list changes and special offers as specifically requested by the contact.
• The contact information held by Scotia Beauty is not and will not be disclosed to any third party outside of the company and is only used for the purposes described above by Directors or Employees of the company.
• Scotia Beauty will regularly check the personal information held for all contacts to ensure its accuracy. The customer or potential customer will be able to update or change the data held, if necessary, or request its deletion from our system.
• Contacts receiving information via email can easily unsubscribe from this service and their personal data will be subsequently deleted from our system.
• Scotia Beauty will not process or store any personal information from a customer or potential customer without their prior consent.
• Scotia Beauty will comply with all Data Protection & Privacy regulations in respect of its employees and will only process or transfer their personal data in order to meet legal employment obligations as per the terms of company employment contracts
• Our Data Protection Policy and this Data Protection Privacy Notice will be regularly reviewed for effectiveness and following any significant changes in the handling of data within the company or to GDPR.

Final Provisions

• These terms and conditions do not affect the Customer's statutory rights.
• If any term is held by any competent authority to be invalid or unenforceable in whole or part, the validity of the other provisions of the terms and conditions and the remainder of the provisions in question shall not be affected.

Please do not hesitate to contact Scotia Beauty in respect of these terms and conditions or with any requests for information or product samples: