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Terms & Conditions

We, Immaculate Beauty, incorporated in England, own and operate the website www.nazouf.com. The website is a virtual marketplace where suppliers display their natural and organic beauty products and related natural and organic products and visitors can view them. When a visitor to the website places an order and makes payment via Paypal (or other payment process), the acceptance of that order by the website creates a contract between the supplier and the buyer. We facilitate these transactions but we are neither the supplier nor the agent of the suppliers.

These Terms and Conditions apply to all contracts made between buyers and suppliers via our website and by making a purchase via the website a visitor to the website becomes a buyer and agrees to be bound by these Terms & Conditions.

Please ensure that you read and understand the contents of this document. 

Each of you, namely the supplier and the buyer, agree with us as follows: 

Our Role. While we provide a portal for buyers to purchase the products of suppliers we are not a party to any sale or purchase nor are we the agent or representative of the buyer or supplier. Accordingly, the contract for sale and purchase is solely between the buyer and supplier. Both supplier and buyer agree to be bound by these Terms and Conditions and the responsibility for enforcing the terms of the contract for sale rests with the supplier and the buyer. We work to select the best products available. The supplier remains responsible for the quality and safety of products offered for sale. We may, nevertheless, agree to assist informally in the event of any difficulty or dispute between buyer and supplier but without liability on our part. 

Pricing. The price of each product is shown on the website. The amount payable by the buyer will include any VAT or sales tax payable to the supplier and the cost to the supplier of sending the products to the buyer’s address as shown by the buyer in the purchase order. In some cases the taxes and cost of transportation may be shown separately from the price of the product. 

Cross-border sales. When products are to be delivered by the supplier in one country to the buyer in another country, it is the responsibility of the supplier to ensure that the product complies with all legal requirements and standards in the buyer’s country and that all documentation needed to facilitate export and import of products and customs clearances is provided. If import duty or tax is payable in the buyer’s country, this will be the responsibility of the buyer unless otherwise stated on the website. 

Supplier’s Information. The supplier warrants that all information displayed on the website concerning the products are accurate and that it is the manufacturer of the products and that the supplier’s products will correspond to their description on the website. The supplier further warrants that the products will correspond with all relevant legislation relating to natural and organic cosmetics. 

Buyer’s Information. The buyer warrants that all information which the buyer is required to provide when ordering products online is accurate and complete in all respects and that this information relates to the person placing the order and not to any third party. 

Online purchases & payment. All payment for products must be made before the products are delivered. Payment online will be processed by Paypal (or another recognized processor) and made either by Paypal account or by credit or debit card. In all cases, delivery will not occur until the supplier is satisfied that the payment has been made. 

When an order is made online, the order confirmation issued by Paypal or other company clearing the credit/debit card payment does not constitute acceptance of the buyer’s order by the supplier. The right to check any discrepancies is reserved and an order will only be confirmed when payment has been received. 

The website is responsible for issuing an invoice and acceptance of order to the buyer by email. When appropriate, the invoice will show the VAT or other sales tax.  If a supplier is out of stock or unable to supply the products ordered, the supplier will notify the buyer and ourselves and the buyer will receive a refund of the amount paid. 

Within 10 days from the end of each month, we shall account to the supplier for all amounts owing to the supplier for products sold and payments received during that month, after deducting commission and any other sums owing by the supplier. When we receive a refund from the supplier for the benefit of the buyer we will be responsible for forwarding it to the buyer (less any agreed charges). 

Delivery. The supplier will indicate estimated delivery times on the website but no times or dates are guaranteed. The supplier will arrange for packing and will decide on the method of delivery either by post, courier or otherwise. The delivery address will be as shown in the buyer’s order. 

The buyer must notify the supplier promptly and in any event within 48 hours of receipt of any products if they appear to be damaged in transit. In those circumstances, the buyer must also keep all packaging as this may be required when making a claim. 

Risk and Ownership. The risk of loss or damage to products passes to the buyer upon delivery. Title to all products remains with the supplier until full payment of all amounts due has been received. 

Cancellation by supplierThe supplier will provide a full refund to any buyer if the products ordered cannot be shipped within 30 days following the latest estimated delivery date shown on the website at the date of the order. The supplier must notify the buyer as soon as practicable and provide the refund promptly after that. The refund may be made via the Paypal system. 

Please note: When there is a statement on the website that the supplier will not make sales of certain products except to customers in certain identified countries, you should not make an order for products if you are not in one of those countries. If you do, the supplier may refuse to proceed with the sale and when making any refund, administration costs may be deducted from the amount you paid. 

Cancellation by buyer. Within each delivery of products, the buyer will find a return note with details of the order together with details of the supplier’s return process. The buyer will have a right to cancel an order within 7 working days from the date the buyer receives the products. Cancellation must be confirmed to the supplier by notice in writing to the address of the supplier shown in the return note. A copy of the cancellation notice should also be sent to us at our email address shown on the website. 

The buyer must take reasonable care of all products and return them to the supplier, appropriately packaged to avoid damage, within 7 days from the date the buyer gives notice of cancellation. If the supplier gives notice that it will collect the products the buyer may be responsible for collection charges. 

Refunds. If any of the products are defective, damaged or incomplete or if there is an incorrect delivery the buyer should immediately notify us and the supplier. In these circumstances the buyer will be entitled to a full refund in respect of the damaged or defective products and reimbursement of the reasonable cost of returning the products to the supplier. If the buyer returns products for any other reason, the buyer will be responsible for paying for their return to the supplier. This will also be the case if the buyer gives notice of cancellation outside the 7 day period mentioned above. 

The buyer should obtain a proof of postage when returning products to the supplier in order to provide evidence of return to the supplier, in the unlikely event that the supplier does not receive the returned products. 

The supplier will refund the purchase price to the buyer within 30 days of receipt of the cancellation notice and the returned products. 

Refunds will usually be made against the original credit/debit card used or by crediting the buyer’s Paypal account. 

Please note: The supplier cannot accept returned products where it is reasonably believed that such products have been used. In those circumstances, the buyer will be notified that no refund will be available and the buyer will be responsible for arranging for the products to be returned to the buyer within 28 days of that notification. 

Also, in the case of products which are made and supplied to the buyer’s specification or which have been personalised for the buyer, the buyer will not have the right to cancel the contract or obtain a refund unless the products are damaged or defective. 

Legal terms and warranties governing the sale. The contract between the buyer and supplier will be governed by the laws of England and, as between the supplier and the buyer the sale will be subject to any warranties implied under the applicable law. 

We, Immaculate Beauty, give no warranties or representations of any kind, including but not limited to implied warranties of fitness for purpose or merchantable quality or that the information and content on the website including 

information, descriptions and illustrations of products supplied by the supplier are complete, accurate or free from errors or omissions or will be as represented by the supplier or that the supplier will perform as required by the contract. We accept no liability in contract or in tort whether or not arising from negligence on the part of ourselves. 

Further, we shall have no liability to the supplier or the buyer for any loss of contract, loss of data, loss of business or any other economic, indirect or consequential loss and in the event of any dispute concerning any contract or product, the dispute will be a matter for resolution between the supplier and the buyer, each of whom irrevocably agrees to release us from any liability and keeps us indemnified from any claims. 

However, neither we, the supplier nor the buyer limit liability for death or personal injury of any person caused by negligence of that party. 

Force Majeure Neither we nor the supplier will be in breach of these Terms & Conditions nor will the supplier be in breach of its contract with the buyer or under any liability for any delay, loss or damage that is attributable to Force Majeure, provided that the party affected (a) informs the other party in writing of the occurrence of Force Majeure, and (b) makes all reasonable efforts to mitigate the effect of Force Majeure. An act of Force Majeure means: anything beyond the control of the party affected and includes, but is not limited to, power failure, network overload, interruption to an internet service, malfunction in a telecommunication system or computer service, breakdown of equipment, link failure, default or failure of a third party, strike or labour dispute (except of the workforce of the party claiming Force Majeure), natural disaster, war, terrorism or action of any government or regulatory authority. 

Access to the website We will endeavour to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. 

All information and materials on the website are provided on an 'as is' basis and are not intended in any way to be comprehensive. Anyone making use of the website does so at their own risk and visitors to the website are advised to take independent professional advice before acting on any information or materials found here. 

CopyrightThe content of this website is our copyright unless otherwise stated. Content supplied by a supplier is the copyright of that supplier who undertakes to indemnify us against any claims, costs, losses, damages or liability arising out of any third party claim for infringement of any intellectual property rights. 

Visitors to the website may copy or use any page or document for personal purposes or send it on to someone known to them solely for information and free of charge but only on the condition that (a) the owner of the copyright is identified, (b) the use of any such material is not misleading and (c) it is not used for any commercial purposes. Unauthorized use of any materials on the website that violates any of these conditions or any relevant copyright, trademark and other laws could result in legal proceedings. 

PrivacyPlease see our privacy policy (attach link to privacy policy) to understand our practices in relation to privacy and use of information. All information supplied to us by the buyer may be given to the supplier but the supplier should only use that information for the purposes for which it was supplied 

Notices. For contractual purposes, the supplier and the buyer consent to receive communications from us by email and agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. This condition does not affect the buyer’s statutory rights. 

Assignment. Neither the supplier nor the buyer may transfer, assign, charge or otherwise dispose of a contract, or any of their rights or obligations arising under it, without the other party’s prior written consent. 

Severability. If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law. 

Entire agreementThese Terms and Conditions will be incorporated in and form part of the contract for the sale and purchase of products made between the supplier and the buyer via the website and supersede any previous discussions, correspondence, understanding or agreement among the parties relating to the subject matter of any contract. 

Variation of these Terms and Conditions. We have the right to amend these terms and conditions from time to time for any reason. The reasons may include changes in market conditions or in technology, changes in payment methods, or changes in relevant laws and regulatory requirements. 

The changes will take effect from the date they are published on the website but they will not affect any contract that is concluded before then. Both supplier and buyer must review these Terms & Conditions before entering into every transaction.
Governing Law. Contracts for the purchase of products between the supplier and the buyer made via our website and any dispute or claim arising out of or in connection with them will be governed by English law. 

Jurisdiction. If a dispute cannot be resolved by direct negotiation either party may require that it is referred to mediation before any court proceedings are instituted and in that case the mediation will be conducted, on the application of either party, in accordance with the Centre for Effective Dispute Resolution (CEDR) Mediation Rules then in force. Any dispute that is not resolved by negotiation or mediation will be subject to the non-exclusive jurisdiction of the courts of England and Wales. A final decision of the courts will be enforceable in any country in which the supplier or the buyer is resident. 

Specific conditions relating to the Buyer 

Each buyer acknowledges that he/she/it will be purchasing products from the supplier through the website and that it will be bound by these Terms and Conditions when purchasing products from this website. 

The buyer acknowledges that we, Immaculate Beauty, are entitled to receive commission and to deduct that commission from any payment received by us from the buyer for products purchased from the supplier via the website www.nazouf.com. The buyer also acknowledges that we are entitled to commission at the same rate from any direct sale made by the supplier to the buyer of any product of the supplier that is available on this website. 

Specific conditions relating to the supplier 

The supplier warrants that the products shall be marked in accordance with any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course. 

The supplier shall be solely responsible for obtaining all necessary import authorisations and any other permissions, approvals or required by virtue of the supply of the products as contemplated under these Terms and Conditions. 

The supplier warrants that the products will be of the best quality, material and workmanship, fit for purpose, free from defect, correspond with any relevant description and comply with all statutory requirements and regulations in place in the UK (and, if different, in the country or countries where the supplier and the buyer are located). 

The supplier acknowledges that if the supplier fails to comply with, any of its obligations, the buyer will be entitled to avail of any of the remedies set out in these Terms and Conditions. 

Every purchase of products by a buyer will be subject to these Terms and Conditions and will govern the purchase of the products by the buyer to the exclusion of all other terms and conditions. 

The supplier warrants and undertakes to the buyer that it will discharge its obligations under these Terms and Conditions with due skill, care, timeliness and diligence and (without limiting the generality of this clause) in accordance with its own established internal procedures. 

The supplier agrees to adhere to the principles of our privacy policy and not to divulge personal information about buyers to any third parties, except in order to complete a transaction made via the website. 

January 2016

Natural & Organic Beauty Products 

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