Terms and Conditions
Customer Terms & Conditions (Terms)
Definitions
“Seller/we/our/us/BEAUTY BAY” means Beauty Bay Limited, Level 12, 5 Exchange Quay, Manchester, M5 3EF, (registered in England, company registration no. 6427672) and the company's website https://beautybay.co.it/.
“Customer” means the person or company to whom this document is addressed.
“International Customer” shall mean, “Customer” from outside the United Kingdom.
“website” or “site” shall mean, https://beautybay.co.it/ or any other subdomains which may be accessible unless expressly excluded by their own terms and conditions.
“Online Store” shall mean the method by which the Customer browses and purchases the products from BEAUTY BAY, being the website.
“Order” shall mean the submission of an Order for products on the “Online Store” by the “Customer”.
General
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. Your Order will be processed by Shopify. Please see Shopify Privacy Policy - Shopify UK
BEAUTY BAY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here as well as in accordance with the Website Terms of Use.
THESE TERMS AND CONDITIONS APPLY WHENEVER YOU BUY GOODS FROM US ON THE ONLINE STORE. PLEASE READ THEM CAREFULLY BEFORE YOU PURCHASE AS YOU WILL BE BOUND BY THEM WHEN PLACING AN ORDER. PLEASE PRINT AND KEEP A COPY OF THEM FOR YOUR RECORDS EACH TIME YOU ORDER WITH US.
Section 1
1.1 These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as BEAUTY BAY, to the buyer hereafter referred as the Customer or "you".
1.2 By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
1.3 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
1.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1.5 Certain products may have limited quantities and may not be replenished. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Online Store. However, we cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. We do not warrant that the quality of any product(s), websites, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Section 2
Price
2.1 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a product or service (if applicable) (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance. The prices of the goods will be as quoted on the Online Store from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of product(s) you Ordered, please see clause 2.4 for what happens in this event.
2.2 Prices for our goods may change from time to time, but changes will not affect any Order which we have confirmed.
2.4 The Online Store contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Online Store may be incorrectly priced. If we discover an error in the price of the products you have Ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Section 3
Payment
3.1 Currently, payments may be made by one of the following payment methods specified or of the alternative methods that may be applicable at checkout (except International Customers see clause 16) unless otherwise specified:
Major credit cards as listed: Visa , MasterCard, American Express, Maestro, and Visa Electron, American Express
Klarna
Paypal
3.2 You may select to view the price of the products on our Online Store in any currency supported by us and the relevant exchange rate at the date you make payment shall be applied on checkout so payment is received by us in GB Pounds Sterling[BB2] .
3.3 Any discount or other promotional codes issued by BEAUTY BAY from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Certain brands or products may be excluded and you will not be able to use any discount codes in respect of such brands/products. See the terms and conditions of the particular promotion for further information. If any of the terms and conditions with which the discount codes were issued contradicts these terms and conditions, the terms and conditions in respect of the discount code or promotion will prevail. Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential and the Customer shall not share this with any other person.
3.4 We reserve the right to reject or cancel any Orders which do not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the Order).
Section 4
Passing of Property
4.1 BEAUTY BAY shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by us.
Section 5
Orders
5.1 We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made.
5.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our Online Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5.3 All Orders are subject to acceptance and availability. Upon placing an Order with BEAUTY BAY, the Customer will receive an Order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by us.
5.4 Order acceptance and the creation of the contract between Beauty Bay Limited and the Customer will start at the time the products Ordered by the Customer are despatched from our warehouse to be delivered to the address supplied by the Customer.
5.5 BEAUTY BAY will take all reasonable care in accordance with applicable laws, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part (and, subject to applicable laws, including laws relating to data protection and privacy) BEAUTY BAY cannot be held liable for any loss suffered if a third party procures unauthorised access to any data you provide when accessing or Ordering from the Online Store.
5.6 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Online Store; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5.7 Products purchased from BEAUTY BAY are not for re-sale or distribution. BEAUTY BAY can at its sole discretion restrict Ordering to a maximum of 5 pieces of any individual products and reserve the right to cancel any Orders which are suspected as being purchased for re-sale or distribution. We additionally reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Section 6
Delivery
6.1 Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all Orders within 3 working days. Any products not available at the time of your Order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 30 days after the date we accept your Order.
6.2 If there are delays in the delivery caused by a supplier, the carrier or any other third party then BEAUTY BAY will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay. If there is a substantial delay you may end the contract using the procedure at clause 10 below and will be entitled to receive a refund for any product(s) you have paid for but not received.
6.3 We deliver to the countries listed on the Online Store, subject to our absolute discretion, (“International Delivery Destinations”). However, there are restrictions on some goods for certain International Delivery Destinations, so please review the information on the Online Store carefully before Ordering goods.
6.5 If you Order goods from the Online Store for delivery to one of the International Delivery Destinations inside of the EU[BB3] and the Order is over 150 Euros, you will be the importer on record of the goods into the final destination country and legally responsible for the import duties and taxes. We will collect these taxes as part of the check-out process and will liaise with the courier for these to be paid over to the relevant Customs authorities on your behalf. Although we do endeavour to identify the exact costs of these, you will be responsible for payment of any additional costs or surcharges that arise separately when the delivery reaches its final destination.
6.6 If the Order is under 150 Euros, BEAUTY BAY will be the importer and responsible for any customs formalities. The Order will be subject to VAT at the rate determined by the destination country. BEAUTY BAY will account for the VAT on its EU VAT return.
6.7 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
6.8 If BEAUTY BAY delivers your products late then you may treat the Order as at an end in any of the following circumstances: if BEAUTY BAY has refused to deliver the goods, if delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or if you told BEAUTY BAY before the Order was accepted that delivery within the delivery deadline was essential. If you do not want to end the Order, you can set another delivery deadline (which must be reasonable) and end the Order if BEAUTY BAY doesn't meet the new Order deadline. Otherwise, you can cancel the Order and we will refund any amounts paid for the products and delivery. Where products have been delivered, you must return these to BEAUTY BAY at the address above and we will refund the costs of such return.
6.9 After three failed delivery attempts, we may end our contract with you. We may also end our contract where you have refused acceptance or have otherwise failed to collect or receive your goods. Please see clause 10 for the fee that may apply against your refund, in such circumstances.
Section 7
Shipping
All Orders will be delivered using the service as detailed at the time of Ordering. Further details regarding delivery methods and services can be found at [please insert link to the delivery info page]. BEAUTY BAY has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your Order. The Customer must request any other delivery method at the time of Order.
Section 8
Passing of Risk
8.1 Customer will assume risk of the products Ordered once they have been delivered to the address specified on the Order. BEAUTY BAY accepts no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified following our reasonable efforts to contact you to deal with this.
8.2 In the event of an Order being lost by a third party which has either been authorised by you to accept the products or a courier commissioned by you to deliver the products, Samplr Beauty bears no risk once it has been delivered to them. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by email or otherwise in writing. You will then be required to return the goods together with their original packaging to the BEAUTY BAY address- also see clauses 9 and 10, below.
8.3 Where the goods are signed for, the customer bears the risk once the goods are signed for (provided they are signed for by the customer or a person identified as authorised by you). If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods (for the avoidance of doubt, signature for the parcel does not affect your rights of return under clause 10).
Section 9
Title and Defects
The products shall be owned by you once we have received payment in full for the products. The Customer shall inspect the goods within a reasonable time after their receipt. The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing or by email if the goods are faulty or misdescribed and shall be entitled to a full refund, to get the product repaired or replaced or to get some of their money back (please see clause 10 below).
Section 10
Returns Procedure
10.1 If the goods are to be rejected, the Customer shall comply with the return procedure as defined in this clause 10. BEAUTY BAY will not accept any returned goods should the return not follow the aforementioned return procedure. This requires emailing BEAUTY BAY at customer.services@beautybay.com to notify their intention to return any goods, completing the form available at the Online Store (where applicable) or where a statutory or legal right to cancel applies having the option to complete the Model Cancellation Form.
10.2 In cases where the rejection of the goods is due to a defect or discrepancy in the Order, the Customer is entitled to a full refund within 30 days of the date of delivery of the products. The Customer must notify BEAUTY BAY within 30 days of delivery and return the product to BEAUTY BAY before the refund can be issued. We will examine the returned product and will notify you of and process your refund within a reasonable period of time and, in any case, within 14 days of the day we confirm to you that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.3 In cases where rejection of products is due to a defect or misdescription, in addition to the right at clause 10.2 above, for up to 6 months following the date of delivery, the Customer shall be entitled to a refund (at our discretion). You must notify us that a refund is required in accordance with our returns policy and return the product to us. Following expiry of this period and for up to 6 years from delivery, you may be entitled to a partial refund.
The rights described in clauses 10.2 and 10.3 are a summary of your key legal rights. For more detailed information please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06.
10.4 Subject to the exceptions set out within these Terms and Conditions, in cases where the rejection is due to an incorrect Order from the Customer or to dissatisfaction (where we are not at fault), the Customer is entitled to a partial refund (full refund of the goods less any postage costs), unless the Order is cancelled within the cooling off period in accordance with clause 11, in which case a full refund will be given. However, the Customer will be responsible for the cost of returning the item to BEAUTY BAY. Goods must be returned to BEAUTY BAY before the partial refund can be issued.
10.6 If any problems with your products cannot be satisfactorily resolved through our returns procedure, if you are an EU consumer please see Consumer Redress in the EU - European Commission
10.7 In cases where you wish to cancel due to something we have done or are going to do, you should notify us in accordance with our returns procedure and we will refund you in full for any products not provided (including delivery costs). You may also be entitled to compensation. This includes the following:
- 10.7.1 BEAUTY BAY have told you about an upcoming change to the product or these terms which you don’t agree to;
- 10.7.2 BEAUTY BAY have told you about an error in the price or description or the product and you don’t want to proceed;
- 10.7.3 Delivery of the products has been substantially delayed by an event outside of our control; and
- 10.7.4 The Customer has a legal right to end the Order because of something BEAUTY BAY has done.
10.8 Where the Customer wishes to return a product it must either return them in person, post them back to BEAUTY BAY or (only if they are not suitable for posting) allow us to collect them from you. Where you are returning products pursuant to clauses 6.8, 10.2, 10.3, 10.7 then we will pay the costs of postage or collection.
10.9 Please note that there are circumstances in which we are not obliged to provide a refund. For example, where the seal is broken on cosmetic goods. This is for hygiene reasons.
10.10 We may deduct from the refund value of your Order, a fee if we have been:
- a. unable to deliver your parcel. For example, we have been unable to deliver your parcel within a reasonable period of time (being 3 failed delivery attempts) or there have been issues delivering to your address.
- b. you have refused acceptance or have otherwise failed to collect or receive your goods. This includes where you fail to pay the import, customs, taxes or surcharges that are due in Order to collect or receive your goods.
In these circumstances we will need to end our contract. We may deduct from any refund validly owing to you reasonable compensation for the costs that we incur in dealing with the Order, delivery and undeliverable goods (as appropriate). The current fee we may decide to deduct is £3.00. The fees may change from time to time but will always be a proportionate reflection of the costs incurred by us. This does not affect your statutory rights including those relating to cancellation or those relating to faulty or incorrectly supplied goods.
Section 11
Your legal right to cancel (this is separate from our BEAUTY BAY returns policy).
Cancellations
11.1 Cancellations which are not due to a defect or discrepancy are only accepted if the Customer complies with the following cancellation procedure and then follows the Returns Procedure outlined in Clause 10.
11.2 If you contracted with us as a UK (where sales are offered to the UK) or EU consumer online, you have the right to cancel your contract at any time up to 14 days after the day on which you (or someone on your behalf) receive(s) the goods you Ordered. The goods must be returned to us within 14 days of you telling us you want to change your mind. To exercise the right to cancel, please let us know in writing by providing a clear statement.
• By email to: customer.services@beautybay.com
• By post to: FAO Customer Services, Beauty Bay, Level 12, 5 Exchange Quay, Manchester, M5 3EF, England
11.3 This legal right to cancel does not apply to any product that has a seal where the hygiene seal has been removed, broken or tampered with nor does it apply to personalised items. Refunds will only be offered in accordance with your statutory/legal rights (which remain unaffected). The goods must be ‘as new’ and unused, in original undamaged packaging, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to BEAUTY BAY. BEAUTY BAY will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase and will be entitled to deduct an amount reflecting any such reduction in value due to use.
11.4 Any refund will be made within 14 days of receipt of the Customer’s returned products. We will refund the cost of the item(s) Ordered and, in addition to this, any paid delivery charge. The delivery charge refund will be to the value of standard delivery. Please note that if you want to return only some items but keep the rest of your Order, you may not be entitled to a refund of the delivery charge. You will also need to return any free items received and may have to return any gift with purchase goods if your Order then falls below the qualifying promotional criteria. You are responsible for the costs of returning the goods. If for any reason we have arranged to collect the goods from you, we reserve the right to recover the costs of collection from you. We refund you by the method you used for payment.
Section 12
Our Liability
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
12.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 defective products under the Consumer Rights Act 2015.
12.4 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Section 13
Privacy Policy
13.1 We will only use your personal data as set out in the BEAUTY BAY Privacy Policy available here [add hyperlink]. We use cookies on our website in line with our Cookies Policy available here [insert hyperlink].
Section 14
Intellectual Property
14.1 The Customer shall respect all licence agreements delivered by the copyright owners. BEAUTY BAY cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
14.2 All trademarks shown on [insert domain] belong to their registered owners and must not be copied without prior permission.
14.3 You must not use any part of the materials on the Online Store for commercial purposes without obtaining a licence to do so from us or our licensors.
Section 15
Reviews
We prohibit fake reviews.
We will take reasonable and proportionate steps to prevent and remove fake reviews, concealed incentivised reviews and false or misleading consumer review information being published.
If you wish to contact us concerning a review on our website, please email customer.services@beautybay.com
15.1 Whenever you submit a review or make use of another feature that allows you to upload material to the Online Store, or to make contact with other users (if applicable) of the Online Store , you warrant that you will be accurate and that you will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. You warrant that any such contribution complies with those standards and that you own or otherwise control all of the rights to the content that you post, that such post shall not breach or infringe the rights of any third party and you indemnify us for any breach of these warranties.
15.2 Any material you upload to the Online Store will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
15.3 We have the right to use the name that you submit in connection with such content and to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Online Store constitutes a violation of their intellectual property rights, or of their right to privacy or to verify a review.
15.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Online Store.
15.5 We have the right to remove any material or posting you make on the Online Store if, in our opinion, such material does not comply with the content standards set out above.
Section 16
International Customers
16.1 Customers from outside the UK can only pay by one of the applicable payment methods[BB5] available at checkout by International credit card and must pay in GB Pound Sterling unless otherwise specified, although the Online Store may show the value of the product in your local currency, the exchange rate at the date of purchase may apply such that payment is received by BEAUTY BAY in GB Pound Sterling. All other terms and conditions apply.
Section 17
Gift Cards
We do not currently offer gift cards but if that changes, these Terms and Conditions will be updated to record the information that applies to purchase and use[BB6] [BB7] .
Section 18
Complaints
At BEAUTY BAY, we strive to provide excellent customer service, but if you feel we have fallen short, our complaints procedure ensures your concerns are handled efficiently.
How to Submit a Complaint
You may submit a complaint via email to customer.services@beautybay.com or via web form which is available on our Contact Us page. We will acknowledge receipt of your complaint within 24 hours.
Assessment and Response Time
Upon receiving your complaint, our team will review and assess the issue. We aim to provide an initial response and attempt resolution within 48 hours. In cases where further investigation is required, we will keep you informed of the process and provide a final resolution wherever possible within 5 working days.
Escalation Process
If you are not satisfied with the initial response, you may request that your complaint be escalated to a senior member of our team. A Team Manager will review your case and respond with a final decision wherever possible within 3 working days.
Final Resolution
BEAUTY BAY’s decision following the escalation process is considered final. However, this does not affect your statutory rights under consumer law.
If you paid for your Order by credit card you may have additional rights of redress see Financial Ombudsman Service: (financial-ombudsman.org.uk)
If any problems with your products cannot be satisfactorily resolved through our returns procedure, if you are an EU consumer please see Consumer Redress in the EU - European Commission
Section 19
Changes to Terms & Conditions
We reserve the right to change these Terms and Conditions at any time but will notify you in advance of such changes prior to you making a purchase.
Section 20
Law and Jurisdiction
20.1 These terms and conditions are governed and shall be interpreted in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence.