Wholesale Terms and Conditions

The Small Print

All orders accepted by us (Billion Dollar Smile Cosmetics Limited) and all quotations accepted by you (the Purchaser) are subject to the following terms and conditions which shall prevail over any other terms or conditions which you may seek to introduce, unless otherwise expressly agreed in writing by one of our directors. We (Billion Dollar Smile Cosmetics Limited) reserve the right to alter these terms and conditions of sale at any time.

Payment

All transaction costs, such as bank charges, related to payment of orders will be the responsibility of the Purchaser. If any transaction charges are incurred on receipt of funds, we reserve the right to deduct goods to the equivalent value of those charges. Except for payments by bank transfer and debit card will be taken in full without additional charge. For payment by credit card there will be a surcharge of 2% on the total order transaction including freight and VAT.

Prices shown exclude VAT. VAT at the current UK rate is applicable to all UK Buyers. VAT is also applicable to EU buyers where a valid EU VAT/Tax ID is not supplied. If you are a European buyer with a valid VAT please let us have a scan of your VAT certificate. If we are unable to fully validate your VAT status then VAT will be charged.

For non UK Buyers, if the Seller is shipping the goods to a non EU destination then VAT will not be charged. If the Buyer is transporting the goods, VAT will be charged and a credit given once an official document is provided proving the order has left the EU by authorised shippers.

The Purchaser shall be responsible for any customs, duties, clearance, charges, taxes, brokers’ fees and other amounts payable in connection with the importation and delivery of the Products;

Delivery

All prices quoted are EXW.

Any date given by us for the delivery of any goods is an estimate only and we shall not be liable for any delay in delivery however caused.

The Purchaser will be responsible, at their own expense for all necessary licences, approvals, consents, permits, certificates of origin or other requisite documents or authorisations required by Local Regulations in relation to the promotion, marketing, importation and supply of the Products.

The Purchaser shall be responsible for any customs, duties, clearance, charges, taxes, brokers’ fees and other amounts payable in connection with the importation and delivery of the Products;

Third Party Rights

Nothing in this contract confers or purports to confer on any third party any benefit or any right to enforce any term of this contract pursuant to the Contract (Rights of Third Parties) Act 1999.

Risk

Risk of damage to or loss of goods supplied will pass to you:
– in the case of goods collected from our premises, at the time of collection or
– in the case of goods to be delivered otherwise than at our premises at the time when we so deliver the goods.

General

Any notice under these conditions must be in writing addressed to the other party at its registered or principal place of business.

No waiver by us of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Should any of these Conditions be found by a court or other competent authority to be void or unenforceable, in whole or in part, such provision shall be deemed to be deleted from these
Conditions and the remaining Conditions shall continue in full force and effect.

These Conditions and the Contract shall be construed according to English Law and the parties hereto submit to the non-exclusive jurisdiction of the Courts of England and Wales.

Claims

We will at our own cost and expense repair and/or replace at our discretion the whole or any part of the goods forming the subject of the Contract which are defective in quality, under delivered or fail to comply with any specification laid down in the Contract subject however to the following conditions:

– In the event of any matter giving rise to complaint; you must give notice thereof to us within three days of the date of the delivery of the goods to the destination agreed in the contract.
– Following notice of complaint we must be given a reasonable opportunity of examining the relevant goods.
– In the event of damage occurring to the goods during transit you must give written notice to us within three days of the date of delivery to the destination named in the Contract and further where such goods are consigned by an outside carrier you must in addition comply in all respects to that carriers conditions of carriage for notification of claims or loss or damage in transit.

Save as mentioned above we shall be under no liability whatsoever whether contractual tortious or statutory for any defect of quality shortfall of quantity breach of specification or any other matter in relation to goods supplied or for any consequential damage however caused thereby incurred by you or any other person firm or corporation and whether arising directly or indirectly from any matter complained of in relation to the goods.

Any condition warranty or statement as to the quality of the goods or of their fitness for any purpose whether expressed or implied by any statute trade custom or otherwise is deemed excluded unless expressly accepted in writing by us.

Retention Of Title

Not withstanding the provisions outlined in the section entitled Risk:

Title to any goods shall not pass to you until we have received in cash or cleared funds payment in full of either the price of those goods or any other goods which we may have delivered to you or any other monies due on any Pricecheck Toiletries Limited account.

Until such time as title in goods passes to you, you must keep the goods separate from those belonging to you and third parties and properly stored, protected and insured and identified as our property, but you will be entitled to resell such goods in the ordinary course of business.

Until the title in goods passes to you (whether or not any payment is overdue or you are otherwise in breach of any obligation of this agreement) and provided the goods have not been resold we are entitled (without prejudice to any of our other rights) at any time to require you to deliver up the goods to us and if you fail to do so we shall be entitled to enter (or authorise others to do so) on any of your premises and repossess the goods which you hereby authorise.

Goods shall be deemed sold or used in the order delivered to you.

Any resale by you of goods in which property has not passed to you shall (as between us and you only) be made by you as agent for us.

Force Majeure

In no event shall we be liable for any failure to perform which is due to force majeure. As used here the term ”force majeure” means any event beyond the reasonable control of us including but not limited to fire, flood, earthquake, explosion, inclement weather or unforeseeable natural occurrence or accident; strikes, lock-outs, work-to-rule, or other labour disputes; war, civil unrest, acts of vandalism, or other violence; any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency, civil or military authority; delay, cancellation or disruption of travel arrangements; illness or injury to personnel; any pre-emption, failure, degradation or severance of any facility or equipment that we have procured for the provision of business.

If our performance of any of our obligations hereunder is prevented, restricted or interfered with by reason of force majeure as defined above, then we, upon giving as prompt notice to you as is reasonably possible, shall be excused from such performance to the extent of such prevention, restriction, or interference and shall, if possible, continue performance hereunder whenever such causes are removed.

Custom Design

A non refundable deposit of 50% must be paid for production to commence. The remaining 50% must be paid in full prior to shipping. We cannot accept returns on non faulty custom items. It is the customers responsibility to ensure that artwork and translations are correct and meet their respective countries legislation.

By placing an order you agree to the terms and conditions in this document.