CURATE BEAUTY LIMITED
SUPPLIER TERMS AND CONDITIONS
The following supplier terms and conditions (the Supplier Terms) are between You (You or Your or the Supplier) and Curate Beauty Limited, a private company with company number 10984194, with its registered office being situated at 2-4 Hans Crescent, London SW1X 0LH (We, Our, Us or Curate Beauty).
These Supplier Terms describe the terms and conditions on which You may access and sell the Products (as defined below) as set out on the Curate Beauty website located at curate-beauty.com (the Site). In selling Products, You confirm that you are a business and the sale of the Products by You to Our customers (Buyers) 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 Supplier Terms. Any terms We use in these Supplier Terms without defining them have the definitions given to them in the Terms.
- SALE AND PURCHASE
- All Supplier products (Products) sold through Us on the Site, at the prices specified on the Curate Beauty Site (Prices), are subject to Your unqualified acceptance of these Supplier Terms.
- PRICE AND PAYMENT
- Curate Beauty shall charge the Buyer for certain or all Products sold to a Buyer through the Site.
- The Seller shall receive monies received for the Products by Us, in UK Sterling.
- Provided that payment for Product has been received by Us, We shall remit 85% of the total amount received for each Product to You (the Supplier Payment) within 7 days of Us receiving confirmation of Your shipment of the Product.
- If requested by You, within 5 Business Days of the end of the relevant month in which a Supplier Product is sold to the Buyer, We shall provide You with a summary of purchases made and You agree to invoice Us for any such Products, indicating (where appropriate) that you have received payment from Us.
- BECOMING A REGISTERED SUPPLIER
- In order to have the opportunity to sell Products, You must be a registered Supplier.
- As a registered Supplier, You agree to pay a one-off charge of £150 (exVAT) to Curate Beauty, which will entitle You to sell Products through Us on the Site.
- The charge to become a registered Supplier shall be set out on the Site and may change from time to time.
- Should You wish to stop being a registered Supplier, or, should We wish to end our relationship with You, the notice period shall be 1 month, and you agree to not work with any Retailers you have connected with through our platform for 6 months following your removal from the Site.
- Where You are in breach of the Terms, We reserve the right to terminate our relationship immediately.
- PAYMENT INFORMATION; CHANGES
- Curate Beauty may use a third-party payment processor (Payment Processor) to bill the Buyer; and upon receipt of moneys from the Buyer, the Buyer may elect to send the Supplier Payment to the Supplier using the Payment Processor.
- In this case, the processing of Supplier Payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Supplier Terms. Curate Beauty is not responsible for error by the Payment Processor.
- In order to receive Supplier Payments in a timely manner, the Supplier must provide current, complete and accurate payment information.
- You must promptly update all information to keep Your payment account current, complete and accurate and You must promptly notify us 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 username or password. Where you fail to notify us of any such changes, in reasonable time, We shall not be responsible for delay in receipt of Supplier Payment.
- You agree that you will use trusted third-party logistics providers to deliver the Product to the Buyer.
- You and Curate Beauty acknowledge that 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 the Buyer of this and you undertake to use best endeavours to ensure that Product will be despatched as soon as available.
- Notwithstanding the provisions of clause 2, in the event that delivery of the Product is not undertaken by the Supplier within the timeframe ordinarily specified by such Supplier; or, where the Supplier cannot undertake an order for the Product as a result of a lack of inventory on the Supplier’s part, such delay or cancellation of the fulfilment of the Order shall result in Curate Beauty having the right to charge the Supplier a discount of 10% against the remittance due to be received by the Supplier under the provisions of clause 2.3.
- Delivery of the Product will occur when delivered to the address We provide you with when the Buyer places Their order. You are responsible for the Product until delivery has taken place.
- Delivery of the Product may be completed in separate instalments.
- WARRANTIES; UNDERTAKINGS
- Curate Beauty acts as an agent on Your behalf. You accept that Curate Beauty gives no warranties to the Buyer or any third-party in connection with the Products.
- Notwithstanding that the Supplier or manufacturer of the Product provides ancillary assurance with respect to the Product, the Supplier acknowledges that, with respect to Curate Beauty, the Products are provided to the Buyer “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 the Buyer’s intended purpose or otherwise accord with the Buyer’s expectations.
- The Supplier shall ensure that they are authorised (and warrants that they shall continue to be so authorised) to provide the Products to Buyers both in the United Kingdom, and to the extent that the regulatory position with respect to such supply, changes upon the United Kingdom’s departure as a member of the European Union, to Buyers within the European Union. Where the Supplier is unable to conform to the undertaking set out here, the Supplier shall inform Curate Beauty as soon as possible; and Curate Beauty accepts no responsibility for the Supplier’s inability to abide by the terms of this undertaking.
- LIMITATION OF LIABILITY; INDEMNITY
- The Supplier agrees to indemnify Curate Beauty, on demand, for any claim, demand, intended and actual proceedings and judgement and costs, relating to the Product by the Buyer or any third party; and the Supplier shall upon notice, undertake (as necessary) any defence of Curate Beauty where Curate Beauty is subject to any claim, demand, intended or actual proceedings.
- NON-CIRCUMVENTION; PRODUCT OFFERS AND PRICING
- Where the Supplier is introduced to a Buyer (whether the Buyer purchases a Product or not) and but for such introduction, the Supplier has no prior relationship with such Buyer, the Supplier agrees that it shall not contact the Buyer with a view to selling Products or services to the Buyer other than through the Site; and the Supplier hereby undertakes to inform Curate Beauty as soon as possible where the Buyer approaches the Supplier independently of the Site and Curate Beauty.
- The Supplier undertakes to Curate Beauty that it shall not offer and procure that any third party pricing for Products on any other Site or through any other commercial media shall not offer pricing for Products which is less than the amount which the Products are offered through the Site.
- In the event that, in breach of paragraph 8.1, the Buyer purchases Products from You, 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 where the Buyer has not reimbursed Curate Beauty in respect of such payment (in accordance with the Buyer Terms) the Supplier shall pay to Curate Beauty on demand, any such amount demanded by Curate Beauty in contravention of this agreement.
- Curate Beauty may assign these Supplier Terms in whole or in part.
- The failure of either party to enforce its rights under these Supplier Terms at any time for any period shall not be construed as a waiver of such rights.
- These Supplier Terms supersede all proposals, oral or written, all negotiations, conversations, or discussions between or among parties relating to the subject matter of these Supplier Terms and all past dealing or industry custom.
- No changes or modifications or waivers are to be made to these Supplier 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 Supplier Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Supplier Terms shall otherwise remain in full force and effect and enforceable.
- These Supplier Terms shall be governed by and construed in accordance with the laws of England.