Purchase Terms

CURATE BEAUTY LIMITED

BUYER TERMS AND CONDITIONS

 

The following buyer terms and conditions (the Buyer Terms) are between the person or entity buying Products (as defined below) on the Site (as defined below) (you, your or the Buyer) and Curate Beauty Limited, a private company registered in England and Wales with company number 10984194, with its registered office being situated at Cameron House, 38 Loom Lane, Radlett WD7 8NU (we, our, us or Curate Beauty), each a “party” and together the “parties”.

These Buyer Terms describe the terms and conditions on which you may purchase the Products on the Curate Beauty website located at curate-beauty.com (the Site) and use the related Curate Beauty services available to Buyers through the Site (together with the Site, the Services). By accepting these Buyer Terms, or by purchasing Products through the Site or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Buyer Terms.

We are an online marketplace and facilitate the sale of products by brands as suppliers to retailers as buyers through the Services (the Products). We do not buy or sell the Products ourselves and we are not party to any contract for the purchase or sale of any Products.

These Buyer Terms form part of, and are at all times subject to, the general terms and conditions as set out on the Site (General Terms) and shall be read in conjunction with the General Terms.

Any defined terms used in these Buyer Terms (unless otherwise defined herein) shall have the meaning given to them in the General Terms.

In these Buyer Terms “business day” means each day except Saturday, Sunday and public holidays in the relevant person’s country / territory.

1. REGISTRATION AS A BUYER

 

• In order to purchase Products through the Site and to use the Services, you must become a registered buyer (Registered Buyer).

 

• In order to become a Registered Buyer, you shall complete the registration process and provide the following information to Curate Beauty:

 

• Buyer’s business details (company name, company contact name, company registration number, registered office address, main trading address);

 

• Buyer’s email address and contact telephone number;

 

• Shipping address;

 

• Details of the Buyer’s website (if applicable); and

 

• Any other information Curate Beauty may from time to time require,

 

(the Registration Information).

 

• On receipt of the Registration Information, Curate Beauty shall review the Registration Information and shall have absolute discretion whether to accept you as a Registered Buyer.

 

• By becoming a Registered Buyer, the Buyer warrants to Curate Beauty that it is a business and not a consumer and that the Buyer’s access and / or use of the Services and the Buyer’s purchase of the Products through the Services from our customers (Suppliers) is a business to business transaction.

 

• You warrant and represent to Curate Beauty that the Registration Information is accurate and complete and that you will notify Curate Beauty immediately of any changes to the Registration Information.

 

• You grant us a non-exclusive, royalty-free, irrevocable, perpetual, worldwide, transferrable licence, together with the right to grant sublicences, to access and use the data you input into the Site and the data generated by your use and / or interaction with the Services for any purpose related to our business, provided that any personal data is anonymised.

 

2. SALE AND PURCHASE OF PRODUCTS

 

• The contract of sale in respect of the Products shall be solely between the Buyer and the Supplier and Curate Beauty is not party to such contract. Curate Beauty shall act only as the marketplace to promote and facilitate sales of the Products by Suppliers to Buyers and to collect payment for the sale of the Products from the Buyer on the Supplier’s behalf.

 

• We may make changes to the Products, their branding and / or their descriptions and specifications at any time without notice.

 

3. ORDERS

 

• The Buyer shall place its orders to purchase the Products through the Site (Orders).

 

• Curate Beauty shall notify the Supplier of the Order. Subject to clauses 4 and 3.5, each Order is deemed accepted by the Supplier on receipt and the Supplier is required to deliver the Products to you in accordance with the Order.

 

• The Supplier is required within the shipping times stated on the Site to ship the Products to the Buyer in accordance with the Order and to upload proof of shipment to the Site (Shipping Confirmation). Once the Shipping Confirmation has been correctly uploaded to the Site, Curate Beauty will notify the Buyer that the Products have been shipped.

 

• The Supplier may reject an Order if the Supplier does not have the inventory to fulfil the Order. If the Supplier is unable to fulfil the Order due to lack of inventory, the Supplier is required to notify Curate Beauty within 3 Supplier business days of receipt of the Order from Curate Beauty and the Order is deemed cancelled.

 

• Occasionally Curate Beauty may withdraw Products because they have become obsolete or have been discontinued. If you have placed an Order for an item which has been withdrawn, Curate Beauty shall cancel the Order.

 

• We will notify you of any cancelled Orders and will give you the option of either purchasing substitute Products from the Site or receiving a refund.

 

4. PAYMENT

 

• Subject to clause 2, on placing an Order you shall pay us the price of the Product (the Price) and the shipping costs (Shipping Costs) as listed on the Site.

 

• If you use the Payment Processor (as defined below) to split the payments due to us into instalments, you shall pay us the first instalment when you place your Order and you shall pay us the subsequent instalments on the dates we agree with you in writing.

 

• The payment methods available to the Buyer are set out on the Site.

 

• Curate Beauty may use a third-party payment processor to bill the Buyer (Payment Processor) through the payment account linked to the Buyer’s Curate Beauty Account (Billing Account). In this case, the processing of payments by the Payment Processor will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the terms of the Contract.

 

• Curate Beauty shall not be responsible for the acts or omissions of the Payment Processor or for any errors or issues with the Payment Processor or its services, or for the performance or availability of the Payment Processor or its services.

 

• You warrant and represent to Curate Beauty that you have the right to make payments to Curate Beauty using the Billing Account.

 

• You shall ensure that details of your Billing Account are current, complete and accurate and shall promptly notify Curate Beauty and the Payment Processor if the Billing Account is cancelled or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your Billing Account.

 

• If Curate Beauty does not receive any payments due from the Buyer on time for any reason, the Buyer agrees to pay all outstanding amounts due to Curate Beauty on demand.

 

• Unless agreed otherwise by the parties in writing, the payments made by the Buyer to Curate Beauty shall be in GB pounds sterling.

 

5. DELIVERY

 

• The Suppliers are required to use trusted third-party logistics providers to deliver the Products to the Buyer in accordance with the Order.

 

• Curate Beauty does not guarantee the delivery times. Any stated delivery times are estimates and are subject to any delays which are outside of Curate Beauty’s control.

 

• If Curate Beauty is aware of any delay in the delivery of the Products, Curate Beauty shall inform the Buyer without delay.

 

• Delivery of the Products occurs when they are delivered to the address stated in the Order. The Buyer is responsible for the Products once delivery has taken place.

 

• Delivery of the Products may be in separate instalments where agreed with the Buyer in writing.

 

• The Buyer shall ensure the purchase and receipt of the Products complies with all applicable laws and is solely responsible for all obligations and costs related to the import of the Products including taxes, duties and import clearances. The Buyer shall indemnify Curate Beauty for any liability incurred by Curate Beauty and / or the Supplier as a result of the Buyer’s breach of this clause 6.

 

• The Buyer should not arrange for Orders to be delivered to hotels, third-party couriers or unsecure mailboxes. Any Orders delivered to such locations are entirely at the Buyer’s own risk.

 

6. FAILED DELIVERY AND PRODUCT QUALITY

 

• If the Products have not been delivered on time (either in whole or in part) or the Products are damaged or defective then, subject to clause 2, Curate Beauty shall assist the Buyer to resolve the issue with the Supplier. However, Curate Beauty shall have no liability for the failure to deliver the Products or for any damage or defects with the Products.

 

• The Buyer must notify Curate Beauty of:

 

• any failure to deliver the Products within 3 Buyer business days of the scheduled delivery date; and

 

• any damage or defects with the Products within 3 Buyer business days of delivery.

 

• If the Buyer does not comply with clause 2, Curate Beauty shall consider the Products have been delivered in accordance with the Order and are free from damage and defects.

 

• The Buyer shall co-operate with Curate Beauty and the Supplier in good faith to resolve any matter within the scope of this clause 6.

 

• This clause 6 does not affect any obligation or liability the Supplier may have to the Buyer for the failure to deliver the Products or for any damage or defects with the Products.

 

7. CANCELLATION

 

• In the event the Buyer wishes to cancel an Order, the Buyer must notify Curate Beauty of its intention to cancel in writing via email to: hello@curatebeauty.com.

 

• In the event the Buyer cancels an Order within 24 hours of receipt of the Order by Curate Beauty (Cancellation Period), Curate Beauty shall, subject to clauses 4 and 7.5, refund the Buyer the Price and Shipping Costs paid for the Order.

 

• In the event the Buyer cancels the Order outside the Cancellation Period, Curate Beauty may at its discretion accept or reject the cancellation. If Curate Beauty accepts the cancellation in writing, Curate Beauty shall, subject to clauses 4 and 7.5, refund the Buyer the Price and Shipping Costs paid for the Order. If Curate Beauty rejects the cancellation in writing, you must pay for the Order in full.

 

• In the event the Buyer cancels an Order and the Products have already been dispatched by the Supplier, any refund by Curate Beauty to the Buyer is subject to:

 

• the Buyer returning the Products to the Supplier at the Buyer’s cost;

 

• the Supplier confirming in writing to Curate Beauty both safe receipt of the Products and that they are in good and resaleable condition; and

 

• the deduction of the Shipping Costs paid by the Buyer.

 

• Any refund to the Buyer is subject to the Supplier refunding the corresponding sum to Curate Beauty.

 

8. CHAT SERVICES

 

• As part of the Services, you may have access to a chat function and community pages, which allow you to communicate directly with our staff and / or other users of our Services (Chat Function).

 

• Curate Beauty shall not be responsible for your or any other user’s use of the Chat Function and information and materials uploaded by you or other users through the Chat Function has not been verified or approved by Curate Beauty. Any views expressed by you or other users on the Chat Function do not represent the views or values of Curate Beauty.

 

• If you wish to complain about the content posted by other users using the Chat Function, please contact us directly via email at hello@curate-beauty.com.

 

• By using the Chat Function, you consent to Curate Beauty accessing the communications between you and other users and acknowledge that use of the Chat Function is non-confidential.

 

• When using the Chat Function, you warrant to Curate Beauty that you will not share any personal details with other users, including but not limited to email address, telephone number and address.

 

• We reserve the right to terminate your access and use of the Chat Function if we decide you have used the Chat Function inappropriately including where you have breached the Contract.

 

9. WEB IMPORT SERVICES

 

• As part of the Services, you may be able to import information and content about the Supplier and the Products (including the Supplier’s name and branding and the Product’s brand titles, branding, descriptions, ingredient lists and images) (Supplier Information) onto your websites (Web Import Services).

 

• We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferrable licence, without the right to grant sublicences:

 

• for the term of the Contract, to import the Supplier Information onto your websites using the Web Import Services; and

 

• for the term of the Contract and thereafter whilst you are selling the Products, to display the Supplier Information on your websites.

 

10. TERMINATION

 

• Either party can terminate the Buyer’s appointment as a Registered Buyer at any time by giving the other party at least one month’s written notice.

 

• Curate Beauty can terminate the Buyer’s appointment as a Registered Buyer at any time on written notice with immediate effect where the Buyer breaches the Contract.

 

• When you cease to be a Registered Buyer:

 

• your rights to purchase the Products through the Site, and your rights to access and use the Services available to Registered Buyers, shall terminate; and

 

• we will require the Suppliers to fulfil your outstanding Orders with them on these Buyer Terms and you must make payment to us for those Orders in accordance with these Buyer Terms.

 

11. DISCLAIMER OF WARRANTIES

 

• No express or implied warranties are given by Curate Beauty in connection with the Products or Supplier Information, including without limitation the warranties of merchantability, quality or fitness for a particular use, compliance with laws and regulations (including cosmetic and health and safety laws and regulations) and non-infringement of third-party rights, and Curate Beauty shall have no liability whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, in connection with the Products or Supplier Information.

 

• For the avoidance of doubt, the Buyer’s remedies in respect of the Products and Supplier Information shall be a contractual matter between the Buyer and the Supplier and the Buyer shall rely on the contract of sale between the Buyer and Supplier in order to establish their rights and obligations in respect of the Products and Supplier Information.

 

12. BUSINESS PROTECTION

 

• In this clause 12:

 

• “Potential Supplier” means any third party: (i) the Buyer has purchased Product(s) from through the Site in the previous 12 months; or (ii) the Buyer has been in contact with or has communicated with through the Services in the previous 12 months (irrespective of whether the third party supplies a Product to the Buyer or not); and

 

• “Restricted Period” means the term of the Buyer’s appointment as a Registered Buyer and 6 months afterwards.

 

• The Buyer shall not purchase any Products listed on the Site from any Potential Supplier during the Restricted Period (other than through the Site).

 

• The Buyer shall inform Curate Beauty as soon as possible where a Potential Supplier approaches the Buyer during the Restricted Period independent of the Services or Curate Beauty.

 

• In the event that, in breach of clause 2, the Potential Supplier sells Product(s) listed on the Site to the Buyer, the Buyer shall pay Curate Beauty on demand any payment which, in Curate Beauty’s reasonable opinion, would have been paid to Curate Beauty had the Product(s) been purchased through the Services.

 

• Where the Buyer has been introduced to Curate Beauty by the Potential Supplier, and the Buyer provides Curate Beauty with evidence of the pre-existing relationship between the Buyer and the Potential Supplier, Curate Beauty may agree in writing to waive the restriction in clause 2.

 

• Clauses 1, 12.2 and 12.3 shall survive the termination of the Contract.

 

13. ON-SALE

    CURATE BEAUTY LIMITED

    BUYER TERMS AND CONDITIONS

     

    The following buyer terms and conditions (the Buyer Terms) are between the person or entity buying Products (as defined below) on the Site (as defined below) (you, your or the Buyer) and Curate Beauty Limited, a private company registered in England and Wales with company number 10984194, with its registered office being situated at Cameron House, 38 Loom Lane, Radlett WD7 8NU (we, our, us or Curate Beauty), each a “party” and together the “parties”.

    These Buyer Terms describe the terms and conditions on which you may purchase the Products on the Curate Beauty website located at curate-beauty.com (the Site) and use the related Curate Beauty services available to Buyers through the Site (together with the Site, the Services). By accepting these Buyer Terms, or by purchasing Products through the Site or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Buyer Terms.

    We are an online marketplace and facilitate the sale of products by brands as suppliers to retailers as buyers through the Services (the Products). We do not buy or sell the Products ourselves and we are not party to any contract for the purchase or sale of any Products.

    These Buyer Terms form part of, and are at all times subject to, the general terms and conditions as set out on the Site (General Terms) and shall be read in conjunction with the General Terms.

    Any defined terms used in these Buyer Terms (unless otherwise defined herein) shall have the meaning given to them in the General Terms.

    In these Buyer Terms “business day” means each day except Saturday, Sunday and public holidays in the relevant person’s country / territory.

    1. REGISTRATION AS A BUYER

     

    • In order to purchase Products through the Site and to use the Services, you must become a registered buyer (Registered Buyer).

     

    • In order to become a Registered Buyer, you shall complete the registration process and provide the following information to Curate Beauty:

     

    • Buyer’s business details (company name, company contact name, company registration number, registered office address, main trading address);

     

    • Buyer’s email address and contact telephone number;

     

    • Shipping address;

     

    • Details of the Buyer’s website (if applicable); and

     

    • Any other information Curate Beauty may from time to time require,

     

    (the Registration Information).

     

    • On receipt of the Registration Information, Curate Beauty shall review the Registration Information and shall have absolute discretion whether to accept you as a Registered Buyer.

     

    • By becoming a Registered Buyer, the Buyer warrants to Curate Beauty that it is a business and not a consumer and that the Buyer’s access and / or use of the Services and the Buyer’s purchase of the Products through the Services from our customers (Suppliers) is a business to business transaction.

     

    • You warrant and represent to Curate Beauty that the Registration Information is accurate and complete and that you will notify Curate Beauty immediately of any changes to the Registration Information.

     

    • You grant us a non-exclusive, royalty-free, irrevocable, perpetual, worldwide, transferrable licence, together with the right to grant sublicences, to access and use the data you input into the Site and the data generated by your use and / or interaction with the Services for any purpose related to our business, provided that any personal data is anonymised.

     

    2. SALE AND PURCHASE OF PRODUCTS

     

    • The contract of sale in respect of the Products shall be solely between the Buyer and the Supplier and Curate Beauty is not party to such contract. Curate Beauty shall act only as the marketplace to promote and facilitate sales of the Products by Suppliers to Buyers and to collect payment for the sale of the Products from the Buyer on the Supplier’s behalf.

     

    • We may make changes to the Products, their branding and / or their descriptions and specifications at any time without notice.

     

    3. ORDERS

     

    • The Buyer shall place its orders to purchase the Products through the Site (Orders).

     

    • Curate Beauty shall notify the Supplier of the Order. Subject to clauses 4 and 3.5, each Order is deemed accepted by the Supplier on receipt and the Supplier is required to deliver the Products to you in accordance with the Order.

     

    • The Supplier is required within the shipping times stated on the Site to ship the Products to the Buyer in accordance with the Order and to upload proof of shipment to the Site (Shipping Confirmation). Once the Shipping Confirmation has been correctly uploaded to the Site, Curate Beauty will notify the Buyer that the Products have been shipped.

     

    • The Supplier may reject an Order if the Supplier does not have the inventory to fulfil the Order. If the Supplier is unable to fulfil the Order due to lack of inventory, the Supplier is required to notify Curate Beauty within 3 Supplier business days of receipt of the Order from Curate Beauty and the Order is deemed cancelled.

     

    • Occasionally Curate Beauty may withdraw Products because they have become obsolete or have been discontinued. If you have placed an Order for an item which has been withdrawn, Curate Beauty shall cancel the Order.

     

    • We will notify you of any cancelled Orders and will give you the option of either purchasing substitute Products from the Site or receiving a refund.

     

    4. PAYMENT

     

    • Subject to clause 2, on placing an Order you shall pay us the price of the Product (the Price) and the shipping costs (Shipping Costs) as listed on the Site.

     

    • If you use the Payment Processor (as defined below) to split the payments due to us into instalments, you shall pay us the first instalment when you place your Order and you shall pay us the subsequent instalments on the dates we agree with you in writing.

     

    • The payment methods available to the Buyer are set out on the Site.

     

    • Curate Beauty may use a third-party payment processor to bill the Buyer (Payment Processor) through the payment account linked to the Buyer’s Curate Beauty Account (Billing Account). In this case, the processing of payments by the Payment Processor will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the terms of the Contract.

     

    • Curate Beauty shall not be responsible for the acts or omissions of the Payment Processor or for any errors or issues with the Payment Processor or its services, or for the performance or availability of the Payment Processor or its services.

     

    • You warrant and represent to Curate Beauty that you have the right to make payments to Curate Beauty using the Billing Account.

     

    • You shall ensure that details of your Billing Account are current, complete and accurate and shall promptly notify Curate Beauty and the Payment Processor if the Billing Account is cancelled or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your Billing Account.

     

    • If Curate Beauty does not receive any payments due from the Buyer on time for any reason, the Buyer agrees to pay all outstanding amounts due to Curate Beauty on demand.

     

    • Unless agreed otherwise by the parties in writing, the payments made by the Buyer to Curate Beauty shall be in GB pounds sterling.

     

    5. DELIVERY

     

    • The Suppliers are required to use trusted third-party logistics providers to deliver the Products to the Buyer in accordance with the Order.

     

    • Curate Beauty does not guarantee the delivery times. Any stated delivery times are estimates and are subject to any delays which are outside of Curate Beauty’s control.

     

    • If Curate Beauty is aware of any delay in the delivery of the Products, Curate Beauty shall inform the Buyer without delay.

     

    • Delivery of the Products occurs when they are delivered to the address stated in the Order. The Buyer is responsible for the Products once delivery has taken place.

     

    • Delivery of the Products may be in separate instalments where agreed with the Buyer in writing.

     

    • The Buyer shall ensure the purchase and receipt of the Products complies with all applicable laws and is solely responsible for all obligations and costs related to the import of the Products including taxes, duties and import clearances. The Buyer shall indemnify Curate Beauty for any liability incurred by Curate Beauty and / or the Supplier as a result of the Buyer’s breach of this clause 6.

     

    • The Buyer should not arrange for Orders to be delivered to hotels, third-party couriers or unsecure mailboxes. Any Orders delivered to such locations are entirely at the Buyer’s own risk.

     

    6. FAILED DELIVERY AND PRODUCT QUALITY

     

    • If the Products have not been delivered on time (either in whole or in part) or the Products are damaged or defective then, subject to clause 2, Curate Beauty shall assist the Buyer to resolve the issue with the Supplier. However, Curate Beauty shall have no liability for the failure to deliver the Products or for any damage or defects with the Products.

     

    • The Buyer must notify Curate Beauty of:

     

    • any failure to deliver the Products within 3 Buyer business days of the scheduled delivery date; and

     

    • any damage or defects with the Products within 3 Buyer business days of delivery.

     

    • If the Buyer does not comply with clause 2, Curate Beauty shall consider the Products have been delivered in accordance with the Order and are free from damage and defects.

     

    • The Buyer shall co-operate with Curate Beauty and the Supplier in good faith to resolve any matter within the scope of this clause 6.

     

    • This clause 6 does not affect any obligation or liability the Supplier may have to the Buyer for the failure to deliver the Products or for any damage or defects with the Products.

     

    7. CANCELLATION

     

    • In the event the Buyer wishes to cancel an Order, the Buyer must notify Curate Beauty of its intention to cancel in writing via email to: hello@curatebeauty.com.

     

    • In the event the Buyer cancels an Order within 24 hours of receipt of the Order by Curate Beauty (Cancellation Period), Curate Beauty shall, subject to clauses 4 and 7.5, refund the Buyer the Price and Shipping Costs paid for the Order.

     

    • In the event the Buyer cancels the Order outside the Cancellation Period, Curate Beauty may at its discretion accept or reject the cancellation. If Curate Beauty accepts the cancellation in writing, Curate Beauty shall, subject to clauses 4 and 7.5, refund the Buyer the Price and Shipping Costs paid for the Order. If Curate Beauty rejects the cancellation in writing, you must pay for the Order in full.

     

    • In the event the Buyer cancels an Order and the Products have already been dispatched by the Supplier, any refund by Curate Beauty to the Buyer is subject to:

     

    • the Buyer returning the Products to the Supplier at the Buyer’s cost;

     

    • the Supplier confirming in writing to Curate Beauty both safe receipt of the Products and that they are in good and resaleable condition; and

     

    • the deduction of the Shipping Costs paid by the Buyer.

     

    • Any refund to the Buyer is subject to the Supplier refunding the corresponding sum to Curate Beauty.

     

    8. CHAT SERVICES

     

    • As part of the Services, you may have access to a chat function and community pages, which allow you to communicate directly with our staff and / or other users of our Services (Chat Function).

     

    • Curate Beauty shall not be responsible for your or any other user’s use of the Chat Function and information and materials uploaded by you or other users through the Chat Function has not been verified or approved by Curate Beauty. Any views expressed by you or other users on the Chat Function do not represent the views or values of Curate Beauty.

     

    • If you wish to complain about the content posted by other users using the Chat Function, please contact us directly via email at hello@curate-beauty.com.

     

    • By using the Chat Function, you consent to Curate Beauty accessing the communications between you and other users and acknowledge that use of the Chat Function is non-confidential.

     

    • When using the Chat Function, you warrant to Curate Beauty that you will not share any personal details with other users, including but not limited to email address, telephone number and address.

     

    • We reserve the right to terminate your access and use of the Chat Function if we decide you have used the Chat Function inappropriately including where you have breached the Contract.

     

    9. WEB IMPORT SERVICES

     

    • As part of the Services, you may be able to import information and content about the Supplier and the Products (including the Supplier’s name and branding and the Product’s brand titles, branding, descriptions, ingredient lists and images) (Supplier Information) onto your websites (Web Import Services).

     

    • We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferrable licence, without the right to grant sublicences:

     

    • for the term of the Contract, to import the Supplier Information onto your websites using the Web Import Services; and

     

    • for the term of the Contract and thereafter whilst you are selling the Products, to display the Supplier Information on your websites.

     

    10. TERMINATION

     

    • Either party can terminate the Buyer’s appointment as a Registered Buyer at any time by giving the other party at least one month’s written notice.

     

    • Curate Beauty can terminate the Buyer’s appointment as a Registered Buyer at any time on written notice with immediate effect where the Buyer breaches the Contract.

     

    • When you cease to be a Registered Buyer:

     

    • your rights to purchase the Products through the Site, and your rights to access and use the Services available to Registered Buyers, shall terminate; and

     

    • we will require the Suppliers to fulfil your outstanding Orders with them on these Buyer Terms and you must make payment to us for those Orders in accordance with these Buyer Terms.

     

    11. DISCLAIMER OF WARRANTIES

     

    • No express or implied warranties are given by Curate Beauty in connection with the Products or Supplier Information, including without limitation the warranties of merchantability, quality or fitness for a particular use, compliance with laws and regulations (including cosmetic and health and safety laws and regulations) and non-infringement of third-party rights, and Curate Beauty shall have no liability whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, in connection with the Products or Supplier Information.

     

    • For the avoidance of doubt, the Buyer’s remedies in respect of the Products and Supplier Information shall be a contractual matter between the Buyer and the Supplier and the Buyer shall rely on the contract of sale between the Buyer and Supplier in order to establish their rights and obligations in respect of the Products and Supplier Information.

     

    12. BUSINESS PROTECTION

     

    • In this clause 12:

     

    • “Potential Supplier” means any third party: (i) the Buyer has purchased Product(s) from through the Site in the previous 12 months; or (ii) the Buyer has been in contact with or has communicated with through the Services in the previous 12 months (irrespective of whether the third party supplies a Product to the Buyer or not); and

     

    • “Restricted Period” means the term of the Buyer’s appointment as a Registered Buyer and 6 months afterwards.

     

    • The Buyer shall not purchase any Products listed on the Site from any Potential Supplier during the Restricted Period (other than through the Site).

     

    • The Buyer shall inform Curate Beauty as soon as possible where a Potential Supplier approaches the Buyer during the Restricted Period independent of the Services or Curate Beauty.

     

    • In the event that, in breach of clause 2, the Potential Supplier sells Product(s) listed on the Site to the Buyer, the Buyer shall pay Curate Beauty on demand any payment which, in Curate Beauty’s reasonable opinion, would have been paid to Curate Beauty had the Product(s) been purchased through the Services.

     

    • Where the Buyer has been introduced to Curate Beauty by the Potential Supplier, and the Buyer provides Curate Beauty with evidence of the pre-existing relationship between the Buyer and the Potential Supplier, Curate Beauty may agree in writing to waive the restriction in clause 2.

     

    • Clauses 1, 12.2 and 12.3 shall survive the termination of the Contract.

     

    13. ON-SALE

                                               

    • The Buyer undertakes that in order to protect the luxury image of the Products it shall not, under any circumstances, sell any Products bought from the Supplier, at any time, on the following sites: Amazon, eBay, Etsy, Depop, Glambot, Poshmark, Not On The Hight Street, AliExpress, Wayfair, Wish and any other third party site or platform notified by Curate Beauty to the Buyer in writing from time to time.

     

    • The Buyer agrees that it shall not undertake sales of the Product other than through the name used (with the exception of the use of a bona fide trading name) when the Buyer registered with Curate Beauty (which you hereby confirm is the primary trading entity you use when undertaking business).

                                           

• The Buyer undertakes that in order to protect the luxury image of the Products it shall not, under any circumstances, sell any Products bought from the Supplier, at any time, on the following sites: Amazon, eBay, Etsy, Depop, Glambot, Poshmark, Not On The Hight Street, AliExpress, Wayfair, Wish and any other third party site or platform notified by Curate Beauty to the Buyer in writing from time to time.

 

• The Buyer agrees that it shall not undertake sales of the Product other than through the name used (with the exception of the use of a bona fide trading name) when the Buyer registered with Curate Beauty (which you hereby confirm is the primary trading entity you use when undertaking business).