False Eyelashes - Eyelash Extensions

MARA-MMA COSMETICS TERMS AND CONDITIONS FOR THE SALE OF GOODS

BACKGROUND: 

These Terms and Conditions are the standard terms for the sale of goods by Mara-Mma Cosmetics Limited (UK) registered in England under number 13131521. 

1. Definitions and Interpretation 

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day”

means, any day other   than a Saturday, Sunday or bank holiday;

“Calendar Day”

means any day of the   year;

“Commercial Unit”

means a delivery of   Goods, the character and/or value of which would be materially impaired if   divided;

“Contract”

means the contract for the purchase and sale of Goods (false eyelash or eyelash extension and cosmetic dupply, as   explained in Clause 3;

“Goods”

means the goods which are to be supplied by Us to you as   specified in your Order (and confirmed in Our Order Confirmation);

“Month”

means a calendar month;

“Price”

means the price payable for the Goods;

“Special Price”

means a special offer price payable for Goods which We may offer   from time to time;

“Order”

means your order for the Goods (false eyelashes- eyelash extension, cosmetic and beauty supply)

“Order Confirmation”

means Our acceptance and confirmation of your Order as described   in Clause 3;

“We/Us/Our”

means Mara-Mma Cosmetics   Limited (UK) registered in England under number 13131521 

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.

2. Information About Us

2.1 Mara-mma Cosmetic Limited (UK) is a Limited company registered in England under number 13131521. Email info@mara-mmacosmetics.com 

3. The Contract

3.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.

3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided to you.

3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1 The main characteristics of the Goods;

3.4.2 Our identity (set out above in Clause 2) and contact details (set out below in Clause 12);

3.4.3 The total Price for the Goods or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

3.4.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;

3.4.6 Our complaints handling policy;

3.4.7 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;

3.4.8 Where applicable, details of after-sales services and commercial guarantees;

3.4.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and

3.4.10 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.

4. Description and Specification of Goods

4.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate.

4.2 If you receive any Goods that do not conform to the Contract, please refer to Clause 8.

4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, and as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

4.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

5. Orders

5.1 All Orders for Goods made by you will be subject to these Terms and Conditions.

5.2 You may change your Order at any time before We despatch the Goods by contacting Us

5.3 If your Order is changed, we will inform you of any change to the Price in writing or via email.

5.4 You may cancel your Order at any time before we despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 working days. If you request that your Order be cancelled, you must confirm this cancellation in writing or via email.

5.5 We may cancel your Order at any time before We despatch the Goods in the following circumstances:

5.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

5.5.2 An event outside of Our control continues for more than 30 calendar days  (please see Clause 11 for events outside of Our control).

5.6 If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 working days. If We cancel your Order, the cancellation will be confirmed by Us in writing or via email.

6. Price and Payment

6.1 The Price of the Goods will be that shown in Our brochure, shop or website price list at the time of your Order. If the Price shown in your Order differs from Our current Price, We will inform you upon receipt of your Order.

6.2 If We quote a Special Price which is different to the Price shown in Our current brochure, shop or website, the Special Price will be valid for 7days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

6.3 Our Prices may change at any time, but these changes will not affect any Orders that We have already accepted.

6.4 We have made every reasonable effort to ensure that Our Prices, as shown in Our current brochure, shop and website are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price. If the actual Price of the Goods is higher than that stated in your Order, we will ask you how you wish to proceed.

6.5 Our current prices do not include VAT. However, if our position changes in relation to VAT, We will adjust the rate of VAT at 20% which you must pay. Changes in VAT will not affect any Prices where We have already received payment in full of you.

6.6 Our Prices do not include the cost of delivery. Delivery costs will be added on to the final sum due.

6.7 All payments for Goods must be made in advance before We can despatch the Goods to you.

6.8 We accept the following methods of payment:

6.8.1 Any major credit card

6.9 Credit and/or debit cards will be charged on order.

6.10 If you do not make payment to Us by when placing order, we may charge you interest. Interest will accrue daily from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

6.11 The provisions of sub-Clause 6.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is on-going.

7. Delivery

7.1 Please note that delivery is currently only possible within the United Kingdom 

7.2 When We provide you with an Order Confirmation at checkout, please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control. Unless agreed otherwise, the Goods will be delivered within 5 – 7 days.

7.3 Goods will be shipped to the registered address. At the moment we do not bot provide a collection service.

7.4 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods. 

7.5 All products will be sent out by Royal Mail 2nd class delivery 

7.6 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you. 

7.7 You own the Goods once We have received payment in full for them.

7.8 Please note carefully the following:

7.8.1 If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.

7.8.2 If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.

7.8.3 If you have told Us that delivery within the agreed time period or at the agreed time was essential and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you upon investigation.

7.9 If any of the events in sub-Clause 7.9 occur you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay, however the good must be return unused and in the original packaging.

7.10 If, despite the events in sub-Clause 7.9 and 7.10, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected. If you do so, We will reimburse you without undue delay.

7.11 If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods, not a portion of them.

8. Faulty, Damaged or Incorrect Goods

8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). 

8.2 Due to the nature of the product, refunds are not allowed.

8.3 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9. Returning Goods 

9.1 Due to the nature of the product, refunds are not allowed.

9.2 If you are not satisfied with any Goods purchased from Us, you have the right to raise a complaint for the matter to be investigated and resolved amicably.

10. Our Liability

10.1 We will be responsible for any foreseeable loss or damage that you may suffer because of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

10.2 We supply goods for private, domestic, commercial, business and  industrial use of any kind including resale.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

10.3 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

11. Events Outside of Our Control (Force Majeure)

11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: COVID-19, power failure, Cinternet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

11.2.1 We will inform you as soon as is reasonably possible;

11.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

11.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

11.2.4 If the event outside of Our control continues for more than 3 months, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

11.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.

12. Communication and Contact Details

12.1 If you wish to contact Us, you may do so by telephone at 07774 992 980 or by email at info@mara-mmacosmetics.com 

12.1.1 Contact Us by email at info@mara-mmacosmetics.com 

13. Complaints and Feedback

13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

13.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available to you via email upon request on info@mara-mmacosmetics.com.

13.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

13.3.1 Email info@mara-mmacosmetics.com  

13.3.2 Phone 07774 992 980 

14. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy available from https://mara-mmacosmetics.com. 

15. Other Important Terms

15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

15.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions (except the benefit of the extended return period (guarantee) in Clause 9).

15.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

15.4 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales

16.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.