c-beauty Terms and Conditions

Terms and Conditions

for full details on our terms and conditions please contact us
DELIVERY

We despatch most of our orders by Interlink Express.

The service is next WORKING day (provided you order before 1pm) and they require someone to sign for the goods.

URGENT ORDERS- If you need an order the following day but it is after 1pm please call us and we will endeavour to despatch your order up until our courier collects at about 4pm.

We can offer delivery to an alternative address, please request this. We can also suggest the driver tries a neighbour if you can let us know which number.

If you place an order after 2pm on Friday your order will be despatched on Monday for delivery on Tuesday.

Smaller and lower value items may be sent by Royal Mail and typically take 1-3 days to be delivered.

Highlands and Islands deliveries are usually sent by Royal Mail and typically take 1-3 days to be delivered.

Overseas Deliveries- We ship to most European Destinations by DPD Road which typically takes 3-5 days.

We DO NOT deliver to the following countries:

Any Country outside Europe
Switzerland
Malta
Cyprus
Norway

This is due to excessive delivery charges approx £50. Please contact us if you still wish to purchase from these countries.

SATURDAY DELIVERY- We can offer Saturday delivery for an additional £15. If you require this please call us.

IF YOU HAVE ANY QUESTIONS REGARDING DELIVERY PLEASE FEEL FREE TO CALL US FOR FURTHER INFO.

Delivery
For any orders placed before 12pm: Standard delivery will take no longer than 3 working days including the day you order. (see example below)

Order day (order placed before 12pm)	Mon	Tue	Wed	Thu	Fri	Sat	Sun
Delivery day	Wed	Thu	Fri	Mon	Tue	Wed	Wed

For any orders placed after 12pm: Standard delivery will take upto 4 working days including the day you order. (see example below)

Order day (order placed after 12pm)	Mon	Tue	Wed	Thu	Fri	Sat	Sun
Delivery day	Thur	Fri	Mon	Tue	Wed	Thu	Thu

Delivery will be charged at £7.00 regardless of how many items you order. Each order will be charged a separate delivery charge. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items. You will not be charged for items not sent out to you.

Delivery to some postcodes such a Northern Ireland & outlying areas may take an additional 24 hours.
Unfortunately, we do not yet deliver to Channel Islands or BFPO addresses. We may restrict other postcodes at our discretion. Our deliveries are made by DHL and take will take place between the hours of 9am and 9pm.

Free Delivery
*The free delivery promotion applies only to orders of £50 or more placed online at www.palmsgym.co.uk which have been accepted by us. We’re sorry but this offer doesn’t work in conjunction with any other promotional code used at the checkout.

We reserve the right to vary the terms of this promotion at any time, or to withdraw this promotion altogether.

Refunds

We are happy to exchange or refund goods within 28 days of delivery.   Goods can either be returned to store or by post (see below). Please note that we do not offer an exchange service by post.

We reserve the right to refuse to exchange or refund items that are not returned within 28 days of delivery.

In order to qualify for our refunds policy, all Items must be in a re-saleable condition i.e. undamaged, in their original and undamaged packaging, unworn and complete with all tags and labels attached.

We reserve the right to refuse to refund items that are returned that are not in re-saleable condition. Goods returned in an unsatisfactory and not in a re-saleable condition may be returned to you at your expense.

Goods must be returned with your original receipt and be in the condition that they were purchased.
Without a receipt we will exchange or refund in vouchers at the last know selling price.

If you return a single item bought as part of a multi buy discount offer (for example buy 2 for £20.00) you will be refunded the full price of the item less any discount given in the offer. If you return all the items purchased with the multi buy offer discount you will refunded with the full multi-buy value.

If your payment card expires before we process your refund please contact customer services by telephone with your order number, postcode and new card details.

Our refunds policy is in addition to your statutory rights.

Exceptions to Refund Policy

There are exceptions to our Refunds policy for certain items. Please note this is a non-exhaustive list and that these conditions do not affect your non-excludable statutory rights.

For reasons of health, hygiene safety and copyright, we are unable to exchange or refund the following products once worn or once the packaging has been opened or damaged unless the items are of unsatisfactory quality or unfit for purpose:

•   Pierced earrings;

•   cosmetics/fragrances;

•   hats;

•   hair accessories;

•   quilts;

•   duvets;

•   pillows;

•   DVD’s (in original packaging with any security seals still intact)

•    confectionery;

•   underwear (unless the hygiene strips and tags are still in place);

•   control wear;

•   hosiery; and

•   swimwear (unless the hygiene strips and tags are still in place).

Gift vouchers are non-refundable and cannot be exchanged for cash.

Free Returns to Store
Your local store will be pleased to arrange an exchange or refund for you under our refunds policy.
If you would like to return goods to your local palms gym store free of charge, Please note that we are unable to accept returns to our Matalan Clearance Stores. Please safely dispose of any broken glass before returning your item to us.

Returns by post
You can return goods to us via the Post Office to:
Palms gym

11-13 rosamerry road

clacton-on-sea

essex

co151nz

The parcel should contain:

• The item(s) you purchased that you wish to return in their original condition.

• Your original delivery note with the returns section fully completed, clearly stating which item(s) you are returning and the reasons why you are returning the goods.

You will be refunded for the delivery charge if we have made an error in our despatch or if the item received is faulty or unfit for purpose, unless you have decided to keep part of the received order. We will also refund your delivery charge if you are an EU customer cancelling within 7 days of receiving of your order under the Distance Selling Regulations (see below).

We are unable to accept any responsibility for items that are lost and damaged in the post. You must ensure that your items are securely packaged, and obtain a proof of posting. Please allow at least two days for your goods to reach us.

Please note that we are not able to give exchanges for goods returned by post, and you should allow 28 days to receive your refund. Please safely dispose of any broken glass before returning an item to us.

If you need advice on returning by post, please contact our customer services team on 01255 474788or via e-mail at palmsgym@hotmail.co.uk www.palmsgym.co.uk

Statutory Rights
This section gives details of some relevant pieces of legislation. It is not intended to be exhaustive.

Sale of Goods
Our refunds policy is in addition to your statutory rights.
Under the Sale of Goods Act, the goods we sell you must:
•   conform to the description we have given you
•   be of satisfactory quality.
•   be fit for purpose.
•   be safe.

You have statutory rights to have goods which do not meet these standards repaired or replaced, or in certain circumstances you can receive a refund.

Distance Selling Regulations
Our refunds policy is in addition to your statutory rights under the Distance Selling Regulations.

Under these regulations you have the right to cancel a contract for the sale of goods, where that contract has been entered by distance means (e.g. via website). The right to cancel does not apply to the following products for reasons of health and hygiene once the product has been worn or once the packaging has been opened or damaged; pierced earrings, cosmetics/fragrances, hats, hair accessories, quilts, duvets, pillows, confectionary, underwear (unless the hygiene strips and tags are still in place), control wear, hosiery and swimwear (unless the hygiene strips and tags are still in place).

If you want to cancel, you must do within seven working days after delivery of the goods.

To cancel the contract you must send us a written notice stating that you wish to cancel the contract. We will only be able to process your cancellation if we have your order number, so you should also enclose your delivery note.

You are responsible for returning the goods to us at your cost.

The goods and your notice of cancellation should be sent to:

Palms gym

11-13 rosamerry road

clacton-on-sea

essex

co151nz

Where you cancel a contract, you have an obligation to keep possession of the goods and take reasonable care of them. Should you wish to return an item please return the undamaged product with the original and undamaged packaging.

Once we have received your notice of cancellation we will arrange to reimburse you. It may take up to 30 days from the date we receive your cancellation notice for this to be done. We will only reimburse you to the card with which you paid
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Terms and Conditions of Trading

1. Price
1.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
1.2 Our quotations lapse after 30 days (unless otherwise stated).
1.3 The price quoted excludes delivery (unless otherwise stated)
1.4 Unless otherwise stated, the quote is an illustrative measure only and the price charged will be our price current at the time of delivery. Errors and omissions excepted.
1.5 Rates of tax and duties on the goods will be those applying at the time of delivery.
1.6 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
1.7 Credit card payments will incur a fee of 2%, Paypal payments a fee of 4%, debit cards incur no fee.

2. Delivery
2.1 All delivery times quoted are estimates only.
2.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
2.2.1 you may not cancel if we receive your notice after the goods have been dispatched: and
2.2.2 if you cancel the contract you have no further claim against us under that contract.
2.3 If you accept delivery of the goods after the delivery time, it will be on the basis that you have no claim against us for delay (including direct or consequential loss in, or increase in the price of the good).
2.4 We may deliver the goods in instalments. Each Instalment is treated as a separate contract

3. Delivery and safety
3.1 We may decline to deliver if:
3.1.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so: or
3.1.2 the premises or the access to them are unsuitable for our vehicle.

4. Risk
4.1 The goods are at your risk from the time of delivery.
4.2 Delivery takes place either:
4.2.1 at our premises (if you are collecting them or arranging carriage) ; or
4.2.2 at your premises (if we are arranging carriage)
4.3 You must inspect the goods on delivery. If any goods are damaged (or not delivered) you must write to tell us within five working days of delivery (or the expected delivery time). You must give us (or any carrier) a fair chance to inspect the damaged goods.

5. Payment terms
5.1 You are to pay us in cash or otherwise in cleared funds on receipt of our pro-forma invoice, unless you have an approved credit account.
5.2 If you have an approved credit account, net payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing
5.3 If you fail to pay us full on the due date:
5.3.1 we may suspend or cancel future deliveries
5.3.2 we may cancel any discount offered to you
5.3.3 you must pay us interest at the rate set under S.6 of the Late payments of commercial debts (Interest) Act 1998 a) calculated (on a daily basis) from the date of our invoice until payment; b) compounded on the first day of each month; and c) before and after any judgement (unless a court orders otherwise)
5.3.4 we may claim a fix sum compensation from you under S.5a of that act to cover our credit control overhead costs
5.3.5 we may recover (under clause 5.7) the cost of taking legal action to make you pay.
5.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at anytime without notice
5.5 You do not have the right to set off any money you may claim from us against anything that you may owe us
5.6 While you owe money to us, we have a lien on any of your property in our possession
5.7 You are to immediately indemnify us in full and hold us harmless from all expenses and liabilities we may occur (directly or indirectly and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.

6. Title
6.1 Until you pay all debts you may owe us:
6.1.1 all goods supplied by us remain our property
6.1.2 you must store them so that they are clearly identifiable as our property;
6.1.3 you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
6.1.4 you may use those goods and sell them in the ordinary course of your business, but not if:
a) we revoke that right (by informing you in writing); or
b) you become insolvent
6.2 You must inform us (in writing) immediately if you become insolvent
6.3 If your right to use and sell the goods ends you must allow us to remove the goods
6.4 We have permission to enter any premises where the goods may be stored;
6.4.1 at any time, to inspect them; and
6.4.2 after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
6.5 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of the goods supplied should you not pay us by the due date
6.6 You are not our agent. You have no authority to make any contract on our behalf or in our name

7. Warranties
7.1 We warrant that the goods;
7.1.1 comply with their description on our acknowledgement of order form; and
7.1.2 are free from material defect at the time of delivery (as long as you comply with clause 7.3)
7.2 We have no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose
7.3 If you believe that we have delivered goods which are defective in materials or workmanship, you must;
7.3.1 inform us (in writing), with full details as soon as possible; and
7.3.2 allow us to investigate (we may need access to your premises and product samples)
7.4 If the goods are found to be defective in material or workmanship (following our investigations, and you have complied with those conditions (in clause 7.3) in full, we will (at our option) replace the goods or refund the price.
7.5 We are not liable for any other loss or damage (including direct of consequential loss, financial loss, loss of profit or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent
7.6 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £1,000,000
7.7 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
7.8 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence

8. Specification
8.1 If we prepare the goods in accordance with your specifications or instructions, or using your materials:
8.1.1 you must ensure that the specifications or instructions are accurate and your materials are of good quality
8.1.2 you must ensure that the goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them ; and
8.1.3 you must ensure that our use of your specifications, instructions or materials will not result in the infringement of any intellectual property rights of any other person
8.2 If you have any intellectual property rights over the goods, you agree that you will not enforce those rights in respect of the goods you order from us (even if the order is cancelled).
8.3 We reserve the right to make any changes in the specification of our goods which are necessary to ensure they conform with any applicable safety or other statutory requirements.
8.4 We also reserve the right to make without notice any minor modifications in our specification we think necessary or desirable

9. Return of goods
9.1 We accept the return of goods from you only:
9.1.1 by prior arrangement (confirmed in writing)
9.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered); and
9.1.3 where the goods are fit for sale on their return as they were on delivery.
9.2 Items must be returned in their original packing/wrapping.

10. Export terms
10.1 Where the goods are supplied by us to you by way of export from the United Kingdom Clause 10 of these terms applies (except to the extent that it is inconsistent with any written agreement between us).
10.2 The 'Incoterms' of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
10.3 Unless otherwise agreed, the goods are supplied ex works Leicester.
10.4 Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3)of the Sale of Goods Act 1979.
10.5 You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect which would be apparent on inspection unless a claim is made before shipment. (we are not liable for any damage during transit)
10.6 We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another state (within the meaning of section 26 (3) (b) Unfair Contract Terms 1977)

11. Cancellation
11.1 If the order is cancelled (for any reason) you are to then pay us for all stock (finished or unfinished) that we may hold (or to which we are committed) for the order.
11.2 We may suspend or cancel the order, by written notice if :
11.2.1 you fail to pay us any money when due (under the order or otherwise);
11.2.2 you become insolvent
11.2.3 you fail to honour your obligations under these terms.
11.3 You may not cancel the order unless we agree in writing (and clauses 2.2.2 and 11.1 then apply).

12. Waiver and Variations
12.1 Any waiver or variation of these terms is binding in honour only unless:
12.1.1 made (or recorded) in writing;
12.1.2 signed on behalf of each party; and
12.1.3 expressly stating an intention to vary these terms.
12.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

13. Force majeure
13.1 If we are unable to perform our obligations to you (or able to perform them at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend our obligations to you, without liability.
13.2 Examples of those circumstances include act of God, accident, explosion, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

14. General
14.1 English Law is applicable to any contract made under these terms. The English and Welsh courts have non- exclusive jurisdiction.
14.2 If you are more than one person, each of you has joint and several obligations under these terms.
14.3 If any of these terms are unenforceable as drafted:
14.3.1 it will not affect the enforceability of any other of these terms; and
14.3.2 if it would be enforceable if amended, it will be treated as so amended
14.4 We may treat you as insolvent if:
14.4.1 You are unable to pay your debts as they fall due; or
14.4.2 You (or any item of your property) become the subject of:
a) any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy); b) any application or proposal for any formal insolvency procedure; or c) any application, procedure or proposal overseas with similar effect or purpose.
14.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into contract with us.
14.6 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the others registered office or principal place of business. All such notices must be signed.
14.7 No contract will create any right enforceable (by virtue of the Contracts (Right of Third Parties) Act 1999) by any person not identified as the buyer or seller 14.8 The only Statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and ether:
14.8.1 contained in our estimate ( or any covering letter) and not withdrawn before the contract is made; or
14.8.2 Which expressly state that you may rely inthem when entering into the contract.
14.9 Nothing in these terms affect or limit our liability for fraudulent misrepresentations.

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