Terms of Use for Retailers

BEAUTY BULB LTD FOR RETAIL BUYERS

Please read all these terms and conditions which relate to the use of The Brand Book Platform by Beauty Bulb ltd.

These terms apply to the use of the Services on the Platform created by Beauty Bulb Ltd a company registered in England and Wales under number 11315042 whose registered office is at 109 Knowles Hill, Rolleston On Dove , Staffordshire , DE139DZ  (we or us or Company) to the person buying the services (you or Customer).

By creating a log-in and by accessing and using the Platform, you are agreeing to these terms.

You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf. These terms apply to the Contract to the exclusion of any other terms.

Application

1. These Terms and Conditions will apply to the use of the Services by you (the Customer or you). We (the Company) are Beauty Bulb Ltd a company registered in England and Wales under number 11315042 whose registered office is at 109 Knowles Hill, Rolleston On Dove, Staffordshire, DE13 9DZ   with email address faye@beautybulb.co.uk;  (the Supplier or us or we).

2. These are the terms on which we allow you to access our Services. Before using our Platform, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept the T&C’s’. You can only use the Services on the Platform if you are eligible to enter into the contract and are at least 18 years old.

Interpretation

3. Brand means any beauty, personal care or wellness brand that you select for introduction via the Platfrom

4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

5. Supplier means Beauty Bulb Ltd

6. Contract means the legally-binding agreement between you and us for the supply of the Services;

7. Customer means you, the Retail Buyer acting on behalf of your employer or a third party retail business

8. Location means the Supplier’s premises or other location where the Services are to be supplied

9. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

10. Platform means The Brand Book digital platform which is accessed via www.beautybulb.co.uk

12. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website, email or Platform

13. Services means the services relating to the Platform as advertised on our Website/marketing materials/social media and in our emails and during meetings and phone calls.

14. Website means our website www.beautybulb.co.uk on which the Services are advertised and accessed.

Services

15. The description of the Services are as set out on the Website, in catalogues, in brochures, in our marketing materials, in emails, on phone calls, on social media and on any other form of advertisement.

16. In the case of Services provided to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

17. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

18. To co-operate with us in matters relating to the Services

19. To grant us and our authorised employees, team members and representatives use of the logo relating to the retail business you represent as required for use in our marketing materials.

20. Provide us with all information required to perform the Services and obtain any necessary consents.

21. You agree to respond to all email introductions between you and the Brands you select for introduction in order to let them know if you wish progress discussions or not.

22. You must not contact Brands directly after discovering them on the Platform.

23. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal and Confidential Information

24. We retain and use all information strictly under the Privacy Policy.

25. We will contact you with Brand and Supplier updates from time to time by using e-mail or other electronic communication methods and you expressly agree to this.

26. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients, brands or suppliers of the other party or of any member to any third party, except as permitted in the Services

27. The Supplier may only disclose the other party’s confidential information:

(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement.

(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

28. No party shall use any other party’s Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

29. Your contact information will only be used in relation to the Services outlined.

Basis of Acceptance

30. The description of the Services on our website and in our materials does not constitute a contractual offer to use the Services.  When a log in is created, we can reject it for any reason, although we will try to tell you the reason without delay.

31. The set up and log in process will be outlined in our communications. It is your responsibility to check that you have completed the set-up process correctly and have full access to the platform and Brands.

32. A Contract will be formed for the Services when you receive an email from us confirming your access to the Platform. You must ensure that your set up is complete and accurate. Please inform us of any errors.

33. Any variation of the Contract or Services, whether about description of the Services, Brands or otherwise, can be made and agreed by the Supplier in writing only.

34. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer.

Fees and Payment

35. There are no fees for the Services.

Providing of the Services

36. We will provide the Services electronically, within a reasonable time frame.

37. The Services will be provided electronically from various locations.

38. The future discussions with all Brands will become your responsibility from the completion of the Services. You must respond to all Brand introductions, whether you wish to progress them or not, within a reasonable time-frame.

Risk and Title

39. These terms relate to Services only and all risk of damage or loss of will pass to you once the Services are provided to you.

Withdrawal  and cancellation

40. You can withdraw your participation in the Services by telling us at any point. You can withdraw your participation if you change your mind and without giving us a reason, and without incurring any costs.

41. This contract has the cancellation rights out set out below.

 Right to cancel

42. Subject as stated in these Terms and Conditions, you can cancel this contract at any time without giving any reason.

43. To exercise your right to cancel, we ask that you inform us of your decision to cancel this Contract by a statement setting out your decision by email.

44. Where Services are supplied before a cancellation of this Contract, you agree to respond to any emails relating to the Services and Brands.

Conformity

45. We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

46. Upon delivery of the Services they will

a. be of satisfactory:

b. conform to their description.

47. We will supply the Services with reasonable skill and care.

Duration, termination and suspension

48. The Contract continues until either the Supplier or the Customer terminates the Contract.

49. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

b. is subject to any step towards its bankruptcy or liquidation.

50. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

51. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract.

52. The Supplier, may from time to time, expand or reduce its business and this may involve the sale and/or the transfer of control of all or part of the Platform and/or business. Data provided by Users will, where it is relevant to any part of our business, be transferred along with that part and the new Supplier of the Services and/or owner of the Platform or newly controlling party will, under the terms of this contract and our privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

Circumstances beyond the control of either party

53. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

54. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

55. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.

56. For the purposes of these Terms and Conditions:

a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b. ‘GDPR’ means the UK General Data Protection Regulation.

c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

57. We are a Data Controller of the Personal Data we Process in providing the Services to you.

58. Where you supply Personal Data to us so we can provide Services to you, we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d. we will implement technical and organisational measures to ensure your Personal Data is secure.

59. For any enquiries or complaints regarding data privacy, you can e-mail: faye@beautybulb.co.uk.

Anti-Bribery Compliance

60. Consistent with its general compliance obligation the Supplier and Customer shall:

a. comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including butt not limited to the Bribery Act 2010 and shall ensure that policies and procedures are in place to ensure such compliance; and

b. promptly report any request or demand for any undue financial or other advantage of any kind received by the other party in connection with the performance of this agreement.

Excluding liability

61. The Supplier shall have no liability to the Customer for:

a.  loss of profits;

b.  loss of sales or business;

c.  loss of agreements or contracts;

e. loss of use or corruption of software, data or information;

f.  loss of or damage to goodwill;

g.  indirect or consequential loss;

Governing law, jurisdiction and complaints

62. The Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

63. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days.