CURATE BEAUTY LIMITED
PURCHASE TERMS AND CONDITIONS
The following purchase terms and conditions (the Purchase Terms) are between You (You or Your) and Curate Beauty Limited, a private company with company number 10984194, with its registered office being situated at 2-4 Hans Crescent, London, United Kingdom, SW1X 0LH (We, Our, Us or Curate Beauty).
These Purchase Terms describe the terms and conditions on which You may access and purchase the Products (as defined below) as set out on the Curate Beauty website located at curate-beauty.com (the Site). In purchasing Products, You confirm that you are not a consumer but a business and the purchase of the Products from Us can be characterised as a business to business transaction.
Your use of Curate Beauty’s Services is at all times subject to the General Terms set out in the Site, which incorporates these Purchase Terms. Any terms We use in these Purchase Terms without defining them have the definitions given to them in the Terms.
- SALE AND PURCHASE
- All products purchased (Products) through Curate Beauty are sold at the prices specified on the Curate Beauty Site (Prices) in addition to a 5% commission on the sale price of each Product (the Commission) and are subject to the unqualified acceptance of these terms and conditions by the Buyer (Buyer).
- There shall be no force or effect to any different or additional terms of any purchase order, confirmation or similar form even if signed by You or Us after the date hereof.
- Provision of any Product to or on behalf of Buyer is subject to the Buyer’s assent to these Purchase Terms to the exclusion of all other terms.
- If these Purchase Terms are considered an offer, acceptance is expressly limited to these Purchase Terms.
- PRICE AND PAYMENT
- Curate Beauty shall charge You for Products and these Purchase Terms and shall apply.
- All payments due hereunder to Curate Beauty shall be paid to Curate Beauty in UK Sterling. Late payments shall bear interest at the rate of one and one-half percent (1.5%) per month or, if lower, the maximum rate allowed by law.
- In addition to the payment of the Price and the Commission for the Products, the Buyer will pay all charges, including without limitation transportation charges, insurance premiums, and shall be responsible for all taxes, duties, costs of compliance with export and import controls and regulations, and other governmental assessments.
- Curate Beauty may use a third-party payment processor (Payment Processor) to bill You through a payment account, such as Your bank account or debit or credit card, linked to Your account on the Services (Billing Account).
- The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Purchase Terms. Curate Beauty is not responsible for error by the Payment Processor.
- By choosing to purchase Products, You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such services or purchase of such products in accordance with the applicable payment terms and You authorize us, through the Payment Processor, to charge Your chosen payment provider (Payment Method).
- You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If We, through the Payment Processor, do not receive payment from You, You agree to pay all amounts due upon demand.
- In the event that You cancel Your Order, provided that such cancellation is within 12 hours of the time of Your Order, We shall not charge You for cancellation of that Order.
- Where You cancel Your Order after 12 hours but before 24 hours after the time of Your Order, You are required to pay for return shipping where the Order has been fulfilled.
- In the event that you cancel the Order after 24 hours, Curate Beauty is under no obligation to accept Your cancellation, and at its discretion (acting reasonably), Curate Beauty shall accept Your cancellation, in which case You are required to pay for return of the Product; or, Curate Beauty shall not accept such cancellation, in which case You shall be required to complete the Order, including settlement thereon.
- PAYMENT INFORMATION; CHANGES
- You must provide current, complete and accurate information for Your billing account. You must promptly update all information to keep Your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify us or our Payment Processor if Your payment method is cancelled (e.g., for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your user name or password. Changes to such information can be made at account page. If You fail to provide any of the foregoing information, You agree that We may continue charging You for any use of for-fee services or purchases of Products under Your account.
- If an amount to be charged to Your billing account varies from the amount You preauthorized, You have the right to receive, and We shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement You have with Your payment provider will govern Your use of Your payment method. You agree that We may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Our suppliers use trusted third-party logistics providers to deliver their Product.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or other occurrences beyond our control for which We will not be responsible.
- If there is a delay in delivering the Products, then where We are aware, We will inform You of this via email and the Product will be despatched as soon as available.
- Occasionally We find ourselves having to withdraw an item because it has become obsolete or has been discontinued. If You have placed an order for an item that has been made obsolete We will inform You as soon as possible, offer You an alternative if one is available, and a full refund where one is not.
- Delivery of the Product will occur when the Product is delivered to the address You provide us with when You make Your order. You are responsible for the Product when delivery has taken place.
- Delivery of the Product may be required in separate instalments. If that is the case, We will let You know in advance.
- We strongly advise against deliveries to be made to hotels or third-party couriers. Any orders made, to be sent to a hotel or a third-party courier, are entirely at Your own risk once delivery has been made by the logistics provider.
- Where You are introduced to a Supplier (whether You purchase a Product or not) and but for such introduction, You had no prior relationship with such Supplier, You agree that you shall not contact the Supplier with a view to purchasing Products or services from the Supplier other than through the Site; and You agree to inform Curate Beauty as soon as possible where the Supplier approaches You independently of the Site and Curate Beauty.
- In the event that, in breach of paragraph 1, You purchase Products from the Supplier, Curate Beauty shall be entitled to charge You for any payment which would ordinarily be made to Curate Beauty as a result of the purchase of the Product; and You shall pay to Curate Beauty on demand, any such amount demanded by Curate Beauty in contravention of this agreement.
- You undertake that You shall not, under any circumstances, sell any Products bought from Us, at any time, on the following sites: Amazon, eBay, Etsy, Depp, Glambot, Poshmark, Not On The Hight Street, AliExpress, Wayfair, Wish and any other third party identified by Us from time to time.
- You agree that You shall not undertake sales of the Product other than through the name You have used (with the exception of the use of a bona fide trading name) when you identified your business as the Buyer of the Product (which you hereby confirm is the primary trading entity you use when undertaking business).
- You accept that where you have acted in contravention of paragraph 1 above, Curate Beauty reserves the right to refuse to allow You to undertake any more purchases on the Site; and (as it sees fit), pursue You for any claim for damages or loss that Curate Beauty is minded to make.
- DISCLAIMER OF WARRANTIES
- Curate Beauty acts as an agent on behalf of the supplier of the Products. No warranties are given by Curate Beauty in connection with the Products.
- Save where the supplier or manufacturer of the Product provides any ancillary assurance with respect to the Product, the Products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use.
- Curate Beauty does not warrant that the Product will be fit for Your intended purpose or otherwise accord with Your expectations.
For the avoidance of doubt, where the Product is provided by a third-party supplier, as will be the case in all purchases made of Product, the Buyer’s remedies with respect to the Product shall be a contractual matter between the Buyer and such third-party supplier; and the Buyer shall rely on such terms and conditions in order to establish their rights and obligations in relation to the Product. At no time shall Curate Beauty have any responsibility with respect to the merchantability, quality, fitness for purpose or condition of the Product and Curate Beauty will have no corresponding liability thereof.
- LIMITATION OF LIABILITY
- Under no circumstances shall Curate Beauty be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use of the Product, even if Curate Beauty has been advised of the possibility of such damages. Your sole and exclusive remedy shall be to discontinue Your use of the Services and terminate these terms.
- The Buyer's sole and exclusive remedy shall be the replacement of or (at Curate Beauty's option or if replacement is impractical) refund for returned non-conforming units of Product for which full documentation and proof of non-conformity is provided to Curate Beauty within ninety days after the original non-conforming units are shipped by Curate Beauty.
- Curate Beauty does not make (and has not authorized anyone to make) any express or implied warranty, including, without limitation, any warranty of merchantability or fitness for a particular purpose or non-infringement.
- Curate Beauty shall have no liability for any failure or delay due to matters beyond its reasonable control or for any allocation of products between its customers in the event of a shortage; and where, as a result of the departure by the United Kingdom from the European Union, any Order cannot be fulfilled, Curate Beauty shall bear no responsibility to the Buyer for such state of affairs.
- Curate Beauty may assign these Purchase Terms in whole or in part.
- The failure of either party to enforce its rights under these Purchase Terms at any time for any period shall not be construed as a waiver of such rights.
- These Purchase Terms supersede all proposals, oral or written, all negotiations, conversations, or discussions between or among parties relating to the subject matter of these Purchase Terms and all past dealing or industry custom.
- No changes or modifications or waivers are to be made to these Purchase Terms unless evidenced in a writing (other than a purchase order confirmation or similar form) that is conspicuously identified and labelled as an amendment and that is signed for and on behalf of both parties.
- In the event that any provision of these Purchase Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Purchase Terms shall otherwise remain in full force and effect and enforceable.
- These Purchase Terms shall be governed by and construed in accordance with the laws of England.