Online Terms and Conditions “Business to Business” for the sale of goods
The Buyer’s attention is particularly drawn to Clause 13
This Website is owned and operated by Melya & Co Trading Ltd trading as melya cosmetics a Company Registered in England and Wales (Registration number 9728324). Registered Office Address 5 – 7 Beatrice St, Oswestry, Shropshire SY11 1QE.
Unless we say otherwise, we use the terms, melya cosmetics, Melya & Co Trading Ltd, “we” and “us” on this website to refer to Melya & Co Trading Ltd throughout the Website Terms and Conditions, which include; – Website Terms of Use, General Terms and Conditions of Sale and Privacy Statement & Cookies Policy.
These Website Terms and Conditions apply to your use of the melya cosmetics Website at www.melyacosmetics.com (the “Website”) and to any order you place on the Website. The Website Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which Melya & Co Trading Ltd makes the Website available to you. We recommend that you print and keep a copy of these Terms and Conditions for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do not use this Website. If you have any queries about these terms and conditions, please contact us.
Website Accessibility – We recognise the importance of providing a website that is accessible to all users. Please contact us if you have any questions or feedback regarding the accessibility of this site or if you experience any difficulty using it.
Email – info@melyacosmetics.com
Telephone Contact – if you wish to make an enquiry about our products – please call us on 07948479897 Monday to Friday 9:30am to 2:00pm excluding Bank Holidays or email us at info@melyacosmetics.com providing a telephone number and a convenient time to call and we will be pleased to call you.
- Definitions.
Business Customers Sole Traders, Partnerships, Limited Companies purchasing goods from us by Internet, Mail Order, over the Phone or by Proforma Invoice for use at their business. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to Business to Business contracts.
Seller means Melya & Co Trading Ltd trading as melya cosmetics
Buyer the person who buys or agrees to buy the goods from the Seller.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods the items which the Buyer agrees to buy from the Seller as set out in the Purchase Order.
Price the price for the Goods is quoted in Pounds Sterling, including VAT (where applicable) and any carriage, packaging and insurance costs.
Force Majeure Event has the meaning set out in clause 12.
- Conditions.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a Company Director of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
- 3. General terms and conditions.
3.1 Ownership of rights. All rights, including copyright, in this website are owned by or licensed to Melya & Co Trading Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose. melya is the Registered Trademark of Melya & Co Trading Ltd. (No. UK00003122006)
3.2 Accuracy of content. We have taken particular care in the preparation of this website to ensure that prices quoted are correct at the time of publishing and that all goods have been accurately described.
3.3 Prices. The price for the Goods is quoted in Pounds Sterling, including VAT at the current rate (where applicable) and any carriage, packaging and insurance costs. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website.
3.4 Promotions Occasionally we will offer promotions and may restrict redemption to one per Customer. Excessive misuse of promotions and codes may result in order or item cancellation.
3.5 Packaging may vary from that shown on the Website. Any weights, dimensions and capacities given about the goods are approximate only.
3.6 Product Colours – whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
3.7 Health and Safety. All our products are sealed for consumer protection. For hygiene reasons we will not accept the return of any products due to wrong colour ordering where the seal is broken or that we reasonably believe have been used.
3.8 Security. We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you have the right equipment available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment resulting from use of this website.
3.9 Privacy. You acknowledge and agree to be bound by the terms of our Privacy Statement and Cookies Policy.
- The contract between us.
4.1 Availability. All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by email or phone using the details you have provided. You will have the option either to wait until the item is available from stock or to cancel your order.
4.2 Payment. We must receive payment in Pounds sterling of the whole of the price for the goods including post and packing / delivery charges and VAT (where applicable) that you order before your order can be dispatched. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
4.3 Payment Method. We accept the following major credit and debit cards:-
Credit Cards – Mastercard and Visa.
Debit Cards – Visa Debit, Visa Electron, MasterCard Debit, Maestro and Solo.
The charge will be listed on your credit card bill / Bank Statement as “MELYACOTRAD” (and total amount charged)
We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
4.4 Confirmation of your order. We will notify you by email as soon as possible to confirm receipt of your order. For the avoidance of doubt, this correspondence is not a receipt and does not constitute a contract between us.
4.5 Confirmation of dispatch. We will notify you by email when we dispatch your Order.
4.6 Accuracy of information you provide. Please ensure that the email address you use when placing your order is valid, correctly spelled and will accept emails from the melyacosmetics.com domain. If you have not received your Order confirmation within 48 hours of placing your Order and you have checked that it has not gone into your Spam or Junk Mail Folder – please contact us at info@melyacosmetics.com
- Trade Account – Apply for an account
5.1 The Buyer is responsible for maintaining the confidentiality of their trade account, Coupon Code, accuracy of information, online security, and for restricting access to their computer.
5.2 The Buyer agrees to accept responsibility for:-
5.2.1 All activities that occur under their account.
5.2.2 Updating their account in the event of changes in personal data such as shipping address, telephone number.
5.2.3 Melya & Co Trading Ltd reserves the right, with or without notice, to cancel an order, refuse service, terminate the Buyer’s account, and/or refuse to ship to certain addresses at their sole discretion.
- Ordering .
6.1 Ordering errors. It is possible for you to correct errors on your order up to the point on which you click on “submit” or “Checkout” during the ordering process. Please review and check your order carefully before submitting it to us. Clicking on “submit” or “checkout” creates an obligation to pay.
6.1.1 If we notice something that appears to be an error in your order, we will contact you via email for verification.
6.2 Incorrect Delivery Address. As a Trade Account Customer, you are responsible for keeping your account information up to date. We do not accept requests to update client’s trade accounts. We cannot accept responsibility for Orders that have been shipped to an incorrect address due to inaccurate / incorrect or out – dated delivery address information provided by the Customer.
6.2.1 Re – shipping Orders that have been returned to us due to inaccurate / incorrect delivery address provided by the Customer will be re-shipped to the new / correct address. We reserve the right to make a reasonable shipping charge for re-sending the Order.
6.2.2 Orders returned to us due to incorrect delivery address may take up to 3 weeks. We will re-send the Order only after we have received it back from the shipping supplier
- Shipping / Delivery. Orders are processed and dispatched on business days only (Monday through Friday, excluding bank holidays). Our delivery details are set out in our website here. It may not be possible for us to deliver to some locations
7.1 Change of delivery address. We cannot accept changes of shipping address once payment has been made for the Order. Any request to change the shipping address prior to dispatch will require cancellation / refund and re – order using the new address.
- Goods. The Goods are described in the Purchase Order.
The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.
The Goods shall:
8.1 conform with their description;
8.2 be of satisfactory quality within the meaning of the Sale of Goods Act 1979 (as amended); and
8.3 be fit for any purpose held out by the Seller.
9. Delivery of the Goods.
9.1 The Seller undertakes to use its reasonable endeavours to dispatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
9.2 “Signed for delivery” Orders over £75.00 require a signature upon delivery. If you are not there to sign for your order, our delivery company will leave a telephone number for you to call to make alternative arrangements.
9.3. We cannot be held responsible for delivery delays caused by our shipping suppliers. If you have not received your order after 5 – 7 working days from the date that you received a “Confirmation of Dispatch” email from us, please contact us and we will investigate with the shipping provider.
9.4. The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.
- Acceptance of the Goods.
10.1 Cancellations. We are unable to accept cancellations once your order has been dispatched.
10.2 Risk and ownership. Risk of damage to or loss of the goods passes to the Buyer at the time of delivery to the Buyer. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your Courier. You will only own the goods once they have been successfully delivered.
10.3 The Buyer shall be deemed to have accepted the Goods 3 days after delivery to the Buyer.
10.4 The Buyer shall carry out a thorough inspection of the Goods within 3 days and contact the seller within these 3 days if they discover that there is a problem with any of the goods.
10.5 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
- Return of Goods. melya Cosmetics can only accept return of goods under the following 3 conditions;-
- Goods damaged in transit before delivery to customer
- Incorrect goods – if the wrong item(s) were shipped
- Incorrectly described goods (goods do not match the product description)
11.1 In the above 3 cases, if you wish to return goods you must contact us within 3 days of receiving the goods. By email entering “Product Return” and your Order no. in the subject box detailing the reason for return and providing a contact telephone number on which we may call you or call us on 07948479897. For goods damaged in transit please attach a photograph(s) of the damage to your email so that we may pursue with our shipping provider.
11.2 Please await our telephone authorisation before you return any item(s) in this category 11. Goods must then be returned without delay
Please note;- All our products are sealed for consumer protection. For hygiene reasons we will not accept the return of any products due to wrong colour ordering, incorrect goods or incorrectly described goods where the seal is broken or that we reasonably believe have been used. In such circumstances, we will notify you that no refund will be available and you will be responsible for arranging for such goods to be returned to you at your cost within 28 days of our notification.
11.3 You must take good care of the goods that you wish to return. Products should be returned in or with their original packaging to our specified return address noted at point 15 or, if they are not suitable for posting you must allow us to collect them from you. We will refund the cost of your return postage up to the value of Royal Mail UK Signed For 2nd class.
11.4 Damage prevention when returning products. If you choose to return any products to us, please ensure that items for return are packed with sufficient care to ensure damage does not occur in transit. We will not accept responsibility for damage to returned items caused by insufficient packaging or for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you or not to refund any amounts attributable to such loss or damage. For this reason, we recommend that you use a postal service that provides proof of posting and delivery such as Royal Mail UK Signed For 2nd class so that you may if necessary, claim compensation for any loss or damage to the goods.
11.5 If the item(s) for return meets the criteria noted above, you will be credited with the full value of the items returned including delivery charges (or a proportion of the delivery charges if only part of an order is returned) The delivery charge refund will be up to the original shipped value of Royal Mail UK Signed For 2nd class.
You may choose to be shipped a replacement product or to receive a refund.
11.6 This returns policy is only applicable to purchases made online from this website, we are unable to process returns for purchases made within a retail location.
12 Force Majeure. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.
12.1 The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
12.2 If the Force Majeure Event prevents the Seller from providing any of the Goods for more than 6 months, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.
- Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Nothing in these Conditions shall limit or exclude the Seller’s liability for:
13.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
13.2 fraud or fraudulent misrepresentation;
13.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.4 defective products under the Consumer Protection Act 1987.
13.5 Subject to clause 13.1:-
13.5.1 the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or, in connection with the Contract
13.6 This clause 13 shall survive termination of the Contract.
- General.
14.1 Notices.
14.1.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered by email, personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier.
14.1.2 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action
14.2 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14.3 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
14.4 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
14.5 This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.
14.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.
14.7 Governing law. This agreement and any dispute or claim arising out of, or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
- Address for return of goods;-
melya Cosmetics
The Post Office
Old Whittington Rd
Gobowen
Shropshire
SY11 3JL
Updated 25th February 2020