Website terms and conditions
Terms and conditions of use
Introduction
These terms and conditions shall govern your use of our website.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
If you submit any material to our website or use any of our website services, you agree to these terms and conditions.
Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].
Copyright notice
Copyright (c) ArtInk Beauty & Personal Care Equipment Trading Co, LLC, further named “ArtInk”.
Subject to the express provisions of these terms and conditions:
we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use website.
You may:
view pages from our website in a web browser.
download pages from our website for caching in a web browser.
print pages from our website.
stream audio and video files from our website and
use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
republish material from our website including republication on another website.
sell, rent or sub-license material from our website.
show any material from our website in public.
exploit material from our website for a commercial purpose; or
redistribute material from our website.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable use
You must not:
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent.
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.
violate the directives set out in the robots.txt file for our website; or
use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
You must not use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Your content equipment advertising rules
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
be libellous or maliciously false.
be obscene or indecent.
infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right.
infringe any right of confidence, right of privacy or right under data protection legislation.
constitute negligent advice or contain any negligent statement.
constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity.
be in contempt of any court, or in breach of any court order.
be in breach of racial or religious hatred or discrimination legislation.
be blasphemous.
be in breach of official secrets legislation.
be in breach of any contractual obligation owed to any person.
depict violence in an explicit, graphic or gratuitous manner.
be pornographic, lewd, suggestive or sexually explicit.
be untrue, false, inaccurate or misleading.
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
constitute spam.
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
cause annoyance, inconvenience or needless anxiety to any person
Limited warranties
We do not warrant or represent:
the completeness or accuracy of the information published on our website.
that the material on the website is up to date; or
that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from negligence.
limit or exclude any liability for fraud or fraudulent misrepresentation.
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:
are subject to Section 7.1; and
govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database, or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
send you one or more formal warnings.
temporarily suspend your access to our website.
permanently prohibit you from accessing our website.
block computers using your IP address from accessing our website.
contact any or all of your internet service providers and request that they block your access to our website.
commence legal action against you, whether for breach of contract or otherwise.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
Variation
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
Subject to Section 7, these terms and conditions, together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law.
Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of England.
Our details
This website is owned and operated by ArtInk Beauty & Personal Care Equipment Trading Co, LLC company.
We are registered in UAE under trade license number 1092715, and our registered office is at: 376 Fahidi Heights, Al Hamriya, Dubai, UAE.
Our place of business is Essex, United Kingdom.
You can contact us:
Using our website contact form.
Terms and Conditions of Sale
GENERAL:
In these conditions ‘Buyer’ means the person whose order for the Goods is accepted by the Seller, ‘Goods’ means the goods (including any instalments of the goods or any part of them) which the Seller is to supply in accordance with the Conditions, ‘Seller’ means “ArtInk Beauty & Personal Care Equipment Co, LLC” (registered in UAE under trade license no. 1092715). ‘Conditions’ means the standard terms and conditions of sale as set out in this document and (unless the contract otherwise requires) includes any special term or conditions agreed in writing between the Buyer and the Seller, ‘Contract’ means a contract for the purchase and sale of the Goods, ‘Writing’ includes telex, cable, facsimile transmission, e-mail and comparable means of communication.
These Conditions with such special conditions as may be specified on the face of the Sellers order acknowledgement are the only conditions upon which the Seller is prepared to deal with the Buyer, and they solely govern any contract arising out of the Seller’s quotation and order acknowledgement to the exclusion of any other expressed or implied conditions.
FORMATION OF CONTRACT:
No contract shall be formed until the Buyer’s order has been accepted in Writing by the Seller through order acknowledgement. Any quotation in whatever form given to the Buyer is given subject to these Conditions and does not constitute an offer to sell.
No variation to these Conditions shall be binding unless agreed in Writing between the authorized representatives of the Buyer and the Seller.
Any representations, advice or recommendation made or given by the Seller or its employees or agents to the Buyer or its employees or agents concerning the Goods or as to the storage, application or use of the Goods which is not confirmed in writing by the Seller if followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
ORDERS AND SPECIFICATIONS:
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation or the Seller’s acknowledgement of the Buyer’s order.
If the Goods are to be manufactured or any process is to be applied to the goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
PRICE:
All prices are quoted exclusive of Value Added Tax and are subject to the addition of Value Added Tax at the appropriate rate where applicable.
The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex-works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance on all goods under a net value of £1000.
PAYMENT:
Supply of Goods Only or services: For non-Credit Account Buyers payment will be made by direct bank transfer, against pro-forma invoice. Goods will only be released from stock upon clearance of payment. For Credit Account Buyers, unless otherwise agreed in writing, payment will be made by the Buyer for each consignment of Goods not later than the last day of the month following the month in which the Goods are delivered or collected.
All payments will be made by the Buyer to the Seller in full without any deduction, discount or set off unless otherwise agreed in writing by the Seller.
If any payment is not made by the Buyer by the due date, the Seller shall be entitled:
to charge interest on the outstanding amount at the rate of 4 per cent above the Seller’s Bank’s Base Rate accruing daily.
to require payment in advance of delivery of undelivered Goods.
to suspend further deliveries whether under the Contract or otherwise and without incurring any liability whatever to the Buyer for delay or non-performance.
to terminate the Contract.
DELIVERY AND STORAGE:
Delivery of each consignment of Goods shall be made to the place and in the manner designated by the Buyer when placing the order. Buyer has a choice of delivery options including fully insured one, therefore buyer is fully responsible for losses since the goods will be released by Seller to Courier. If goods are fully insured, in the events of lost goods in transit, Buyer will be issued full refund after full investigation from the courier company, and when the courier company will issue refund to the Seller. Courier investigation and release payment time is two months from received claim form.
If Goods are to be collected, the Buyer will arrange for the same to be collected within fourteen days of the Seller giving notice to the Buyer that the Goods are ready for collection. The Buyer will give the Seller at least two clear working days’ notice of the time and manner of proposed collection.
Unless otherwise expressly agreed in Writing any delivery or completion times indicated by the Seller in its quotation are business estimates only and the Seller will not be liable to the Buyer for any loss or damage sustained by the Buyer as a result of the Seller’s failure to comply with such delivery or completion times.
If for any reason beyond the Seller’s control the Buyer is unable to accept delivery at the specified date the Seller shall be entitled to submit a claim for payment as if delivery had taken place. The Seller will also be entitled to be paid the amount of any additional loss and expense arising from the delay. The Seller will store Goods at the Buyer’s expense pending acceptance of the Goods by the Buyer.
The Buyer shall be responsible for providing labour and equipment at the delivery point for the unloading of vehicles. The Seller will not be liable for shortages or for Goods damaged during transit unless written notice is given by the Buyer to both the Seller and the Carriers within three days of receipt of the Goods and unless a reasonable opportunity is given to inspect the Goods and unless a claim is made by the Buyer in writing within seven days after the termination of the transit.
The Seller shall be entitled to delay, suspend or cancel deliveries if the Buyer becomes bankrupt or makes any agreement or composition with his Creditors or goes into liquidation (otherwise than voluntarily for reconstruction or amalgamation purposes) or if a receiver is appointed. These rights may also be exercised by the Seller (at its absolute discretion) if the Seller doubts the credit worthiness of the Buyer.
RISK AND PROPERTY:
In the event that the goods are to be delivered by the Seller to a place nominated by the Buyer, the risk therein shall pass to the Buyer when the Goods are tendered for delivery at that place.
In the event that the Goods are to be collected by the Buyer from the Seller’s premises, the risk therein shall pass to the Buyer when they are loaded onto the Buyer’s vehicle or onto the vehicle of the Buyer’s carrier or other agent or at such time as they are available for loading onto that vehicle and would have been loaded onto it had the Buyer duly collected them.
The Buyer shall be solely responsible for ensuring that the Goods are adequately stored in dry accommodation under cover and in accordance with the Seller’s recommendations after the risk therein has passed to the Buyer, and the Seller shall not be responsible for any loss or damage or deterioration of the Goods from whatever cause arising.
Until all sums due under this contract and for all other Goods agreed to be sold for which payment is then due have been received in cleared funds by the Seller the Goods shall remain the property of the Seller who shall be entitled to re possess all or any of the Goods if at any time the Buyer has defaulted in any payment or if in the reasonable opinion of the Seller the credit standing of the Buyer has been impaired, and the Seller may enter onto any land of the Buyer for the purpose of so repossessing the goods.
Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but shall be entitled to resell or use the goods in the ordinary course of business.
WARRANTIES AND LIABILITY:
Subject to the conditions set out below the Seller warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship.
The above warranty is given by the Seller subject to the following conditions:
the Seller shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval.
the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment.
Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Term Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification must be notified to the Seller in accordance with these Conditions within 12 months from the date of delivery. The Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
HEALTH AND SAFETY:
The Buyer will, on or before delivery of the Goods, if so requested by the Seller, enter into a written undertaking to take such steps may be specified to the Buyer by the Seller and set out in such undertaking relating to the safe and proper use of the Goods without risk to health. The Buyer shall indemnify the Seller in respect of any liability, monetary penalty or fine in respect of or in connection with the Goods incurred by the Seller under the Health and Safety at Work enactments or regulations.
ALTERATIONS AND MODIFICATIONS:
The Seller may without notice to the Buyer carry out alterations or improvements in design, materials or methods of manufacture from time to time and may substitute other reasonably similar parts for any proprietary or special parts ordered by the Buyer and which the Seller considers to be unprocurable, or unprocurable in sufficient quantities or in sufficient time or procurable only with difficulty or at excessive cost.
Further the Seller may supersede, materially alter or abandon the design or type of Goods contracted for and may substitute another design or type. In exercising this right, the Seller shall give written notice to the Buyer who may within fourteen days after such notice is given terminate the Contract by giving notice in Writing to the Seller. If the Contract is so terminated the deposit, if any, shall be returned to the Buyer but no other claim for loss or damages may be made.
If, in the opinion of the Seller, there is no design or type which could reasonably be substituted under sub clause 10(b), the Seller’s obligation to complete performance of the Contract shall be suspended until such time as a substitute therefore can be found and becomes available,
FORCE MAJEURE:
The Seller shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever beyond the Seller’s reasonable control including, but not limited to: any act of God; war; civil disturbance; requisitioning; governmental or parliamentary restrictions; strike, lockout or trade disputes (whether involving the Seller’s employees or those of any other person); difficulties in obtaining labour or materials; breakdown of machinery; fire; or accident. Should any such event occur the Seller may cancel or suspend this Contract without incurring any liability for any loss or damage thereby occasioned.
DELAY OCCASIONED BY THE BUYER:
The Buyer shall promptly furnish all designs, templates, information and instructions necessary for the Seller to be able to undertake the work in performance of the Contract.
The Buyer will be liable to the Seller for all extra cost, loss and damage suffered by the Seller in the event of any suspension or disruption of work resulting in whole or in part from any instructions, lack of instructions, interruptions, overtime, unusual hours of work, or delays on the part of the Buyer.
CANCELLATION:
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellations.
WAIVER:
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
GOVERNING LAW
The contract shall be construed in accordance with and governed by the Laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
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