AVANTI HAIR AND BEAUTY LTD TERMS AND CONDITIONS
"The Seller" means Avanti Hair and Beauty Supplies Ltd.
"The Buyer" means the person, firm or company who places an order, or to whom any quotation is given, or with whom any contract is made.
“The Goods" means any products or any part thereof agreed to be sold or which appear on the current price list.
“The Price” means the standard price of the Seller at date of dispatch and is subject to alteration as may be necessary or the amount stipulated in a quotation or on an invoice. Unless otherwise stated, prices shown on Avanti’s website, catalog and any other price list produced are exclusive of GST. GST will be charged only to buyers based in Jersey, those outside of Jersey will be excluded of this tax. GST will be charged and recorded on an invoice after a purchase has been made.
“Contract” means the contract for the sale and purchase of the Goods and/or Services
"Terms" means the terms and conditions of sale set out in this document and any Special Condition agreed in writing by the Seller.
“Salon” means a business premises where hair care services such as hair cutting and hair colouring are performed and which derive a substantial percentage of its revenue from the provision of such services.
“Spa” means a commercial establishment offering health and beauty treatment and which derive a substantial percentage of its revenue from the provision of such services.
“Mobile” refers to either a beautician or hairdresser that holds valid qualifications to use the equipment and materials “The Buyer” sells.
“Delivery Docket” refers to a delivery slip that the Supplier uses to inform the Buyer that their delivery could not be completed.
2.1 The owner of this website is Avanti Hair and Beauty Suppliers Ltd whose address is Avanti Hair and Beauty, Unit 7 Springside, La Rue De La Monnaie, Trinity, Jersey, JE3 5DG. GST Registration No. 0027742
2.2 Avanti deals primarily in hair and beauty products to licensed Salons, Spas and qualified hairdressers and beauticians whose prices when displayed in the website are exclusive of GST.
2.3 You must have a unique email address to use our site. You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.
2.4 The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended without notice from time to time.
2.5 You must choose a password on completion of registration. You are responsible for all actions taken under your unique email address and password and shall only use the Site under your own email address and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your email address to anyone, nor permit, either directly or indirectly, anyone to use your email address or password.
2.6 If there are any changes to the details supplied by you it is your responsibility to inform Avanti as soon as possible.
2.7 All deliveries in the Channel Islands are free of charge unless agreed between the Seller and Buyer.
2.8 Avanti Hair and Beauty Supplies Ltd reserve the right to modify these terms and conditions at any stage without notice.
3 BASIS OF SALE
3.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Buyer’s order (if accepted by the Seller), subject to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such order is made or purported to be made by the Buyer.
3.2 No variation to these Terms shall be binding unless agreed in Writing between the authorized representatives of the Buyer and the Seller.
3.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.4 All prices shown on the Suppliers website, catalogs, and any other form of advertisement will exclude GST unless stated in writing. GST will be added to the total of the sales invoice. Customers outside of Jersey will not be charged GST, but will be liable to pay any applicable taxes, and adhere to any laws in their own jurisdiction.
3.5 The buyer is only allowed to sell standard retail sized goods to unprofessional customers, such as shampoos conditioners, masks etc. Buyers are not allowed to sell professional goods to customers unqualified to use the materials, these materials include bleaches, perm emulsions, neutralisers, colours, waxes, wax heaters etc.
3.6 The Buyer shall advertise or sell the Goods only to genuine retail customers for their own personal or family use. The Buyer acknowledges that resale of Goods to anyone other than genuine retail customers for personal or family use amounts to diversion and that diversion seriously damages the reputation of the Goods and interferes with the business relationships between the Seller and the Buyer. The Buyer agrees that in the case of diversion the Seller is entitled, in addition to the Seller’s other remedies, to an immediate injunction to prevent such diversion. The Buyer may not advertise or sell the Goods to any other Salon or business. The Buyer may not advertise or sell the Goods by auction, telephone, post, mail order catalogue, any media channel or outlet, fax, email or other electronic means of communication or on any third party website including but not limited to eBay and Amazon. The Buyer may not advertise or sell the Goods from any location other than the Salon and in particular may not advertise or sell the Goods from any location which is temporary in nature.
3.7 The Buyer will not remove, obliterate or tamper with any batch or tracking code, serial number or other codes applied to the Goods and the Buyer will not agree or conspire with others to do so.
3.8 The Seller is not the manufacturer of the Goods and, where applicable, shall pass on to the Buyer, to the extent possible, the benefit of the manufacturer's guarantee in respect of the Goods.
3.9 Prices shown by Avanti on their website, catalogs, and other price lists will exclude platinum, gold, silver, and bronze discount prices applied to particular Salons. These discounts will be included in their invoice once the order has been placed.
3.10 Avanti is the only official distributor of Wella, Sebastian, System Professional, Essie, Milk_Shake, and Gelish products in the Channel Islands. Avanti is not held responsible for any unsuitable products under these brand names sold outside of the company.
3.11 Salons wishing to stock either/both System Professional and Sebstian should contact Avanti on 01534 499670 about purchasing an opening order.
Registering as a customer, placing an order for goods, or accepting a delivery will form a Buyer Seller contract confirming your agreement to these Terms. Any other amendments will need to be in writing and agreed between both Buyer and Seller. All other terms and conditions expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
4.1 The Seller operates a ‘sell to trade' only policy. Goods are sold only on the understanding that they are to be used for the purpose intended by a qualified person, unless the products fall into the category stated in section 3.5. The Seller will accept no responsibility if the goods are incorrectly used and consequently cause any kind of harm or damage. The Seller reserves the right to refuse a customer if they are not considered to be a professional salon/spa business, or qualified mobile hairdresser/beautician.
5. WARNING AND ACKNOWLEDGEMENT
Goods supplied by The Seller are intended for professional use only. By ordering any such product you acknowledge this warning and confirm and warrant that you and any other person who may use the product have the necessary training and experience to use/store the product safely.
6. CANCELLATION / ALTERATION OF ORDERS
There may be a cancellation charge or restocking charge for some goods such as special orders, furniture etc. Such charges will be applied at the Seller’s discretion.
Goods are not supplied on a sale or return basis. In the event that Goods, supplied by the Seller, are proven to be faulty the Seller will exchange, substitute or refund the returned/rejected item as it deems appropriate. Returns of none faulty goods may be agreed by the Seller at its absolute discretion. For health and safety/hygiene reasons some items such as clippers, trimmers, razors and scissors will not be accepted as returns if they have been used, unless they are deemed to be faulty. Faulty goods must be notified in writing to the Seller within 7 days of delivery. If no written notice is received by the Seller within 7 working days of actual delivery, the Goods shall be deemed to have been accepted by the Buyer as being in good order and condition and in conformity with any sample or description and within the Contract. No claims will be accepted thereafter. If it should be agreed by the Seller in relation to any claim that the Buyer was entitled to reject the Goods then any damage recovered by the Buyer shall be limited to the purchase price under the Contract. The Seller reserves the right to deliver Goods in substitution for any Goods so rejected.
We make every effort to ensure that information and prices provided to the buyer are correct, but we reserve the right to change product specifications, prices, errors and omissions without prior notification. We take great care to ensure the accuracy of sizes, prices, images and specifications given. Whilst such details are given as a guide and in good faith, they are subject to alteration without notice. All offers are subject to stock availability and we reserve the right to restrict or refuse any order at any time.
9.1 For cash sales, unless otherwise agreed in writing between the Buyer and Seller, the buyer shall pay the price of the goods at the time of the order.
9.2 The Seller will accept payment using the following methods: Debit Card, Visa, Master Card, Switch/Maestro, Cash, Checks (only from Salons and Spas), BACS, and Valid Gift Voucher(s).
9.2 Salon/Spa payment terms are strictly 30 days from date the invoice is issued.
9.3 If the Buyer fails to make payment on the due date then without limiting any other right or remedy available to the Seller, the Seller may:
9.3.1 Cancel the contract or suspend any further deliveries to the buyer
9.3.2 Charge the Buyer interest on the amount unpaid, which will be 3% per month until payment has been made in full
9.3.3 All items remain the property of Avanti Hair and Beauty Supplies Ltd until paid in full. Therefore the Seller may exercise the rights discussed in section 12.
10. DATA PROTECTION
10.1 Customer details will not be given to any third parties unless permission has been given from the Buyer. These details include: name, address, products they purchase etc.
10.2 Any bank information given from the Buyer to the Seller will be destroyed by the Seller immediately after the transaction has been completed.
11. ENTIRE AGREEMENT AND NON-RELIANCE
Erroneous statements or representations made by the Supplier’s sales staff or in its sales brochures, catalog, website etc do not form a contract of agreement between the Supplier and Buyer.
The Seller retains title to the Goods until all amounts due from the Buyer are paid. Risk shall pass to the buyer with possession of the goods. Goods in respect of which property has remained with The Seller, shall be kept identifiable as those of The Seller, and the buyer shall at its own expense immediately return such goods to The Seller. The Seller may, for the purpose of recovery or re-sale of any unused or unsold Goods enter upon any premises of the Buyer by its servants or agents where the Goods are stored or where they are reasonably thought to be stored and re-possess the Goods. Provided that this power shall be without prejudice to any other remedies of the Seller and shall only operate (a) if any amounts due under the Contract are unpaid in whole or in part, or (b) upon the commencement of any act or proceeding in which the Buyer's solvency is involved.
13. INTELLECTUAL PROPERTY
No licence is granted to you in these Terms to use any trade mark of Avanti Hair & Beauty Ltd.
14. INTERNATIONAL USE
The Seller makes no promise that the goods are suitable or available for use in locations outside the British Isles.
The Buyer may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If you breach these Terms and the Seller ignores this, the Seller will still be entitled to use its rights and remedies at a later date or in any other situation where the Buyer breaches the Terms. The Seller shall not be responsible for any breach of these Terms caused by circumstances beyond its control.
These Terms shall be governed by and construed in accordance with the laws of the Island of Jersey, Channel Islands and the parties submit to the nonexclusive jurisdiction of the Jersey Courts. These conditions supersede any other conditions issued.
17. LIMITATIONS OF LIABILITY
Subject to the provisions in these Terms, the following provision set out the more entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of any breach of these Terms and any representation, statement or tortuous act or omission including negligence arising under or in connection with a Contract.
17.1 Nothing in these Terms excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
17.2 Subject to Condition 15.1 the Seller shall not be liable to the Buyer for any indirect or consequential, special or punitive loss, damage, costs or expenses, loss of profit, loss of business, loss of revenue or depletion of goodwill.
17.3 Subject to Condition 15.1, the Seller's total liability to the Buyer under or connected with a Contract for:
(a) any loss or damage which arises directly out of the Seller's negligence shall not exceed £100 for any one event or series of connected events and
(b) any other direct loss not covered by Condition 15.3 (a) shall not exceed the price payable for the Goods.
18. TRAINING COURSES TERMS & CONDITIONS
Training providers must ensure that they have insurance cover appropriate to the nature of the education provided.
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. Unless otherwise agreed, the Seller may deliver by installments and in such case each installment shall be treated as a separate Contract.
Avanti provides a free delivery service and works to ensure your orders are complete and delivered safely and on time. We offer standard delivery times for same day delivery provided that orders are placed before 12:00 that day (this only includes Jersey Orders), though it will usually be next day. Any delivery queries, please contact us on firstname.lastname@example.org or call 01534 499670.
Wella ordered from Guernsey will be dispatched the following day if the order is placed before 15:00 that day. The rest of Avanti’s stock will be dispatched from its warehouse in Jersey every Thursday and will be dispatched from its Guernsey warehouse on Friday the next day.
If items are out of stock we will note it on your invoice or contact the Salon or Spa.
Our delivery Terms and Conditions are detailed below:
a) Your delivery address
i - Orders have to be delivered to either a Salon or Spa and have a person available to sign for the order between 9am and 5pm Monday to Friday (Unless specific times have been agreed between Seller and Buyer).
ii – You have the option to receive your standard invoice showing prices delivered to an alternative address (eg home address) while the salon receives a delivery note recording objects delivered excluding prices.
b) Delivery of specially ordered items – Avanti’s same day delivery discussed in the introduction does not apply for an item which Avanti does not typically stock in its warehouse. Time of delivery will be dependent on the manufacturers delivery speed.
c) Delivery of heavy/large items – if an item is especially heavy or large Avanti will contact the buyer and negotiate on an estimated delivery date and time best suited for both parties.
d) Completion of delivery and failure to deliver – a delivery is considered delivered when the goods have been signed for by an employee of the Salon/Spa unless prior agreement has been made between both Seller and Buyer. If a delivery could not be made due to Buyer or employee no being present a “Failure to Deliver Docket” will be completed by the Supplier or employee of the Supplier and placed in an area for the Buyer to find.
The Seller makes every effort to ensure that the website is correct, but they reserve the right to change product specifications, prices, errors and omissions without prior notification. We have taken great care to ensure the accuracy of sizes, prices, images and specifications given. Whilst such details are given as a guide and in good faith, they are subject to alteration without notice.
All offers on this website are subject to stock availability and we reserve the right to restrict or refuse any order at any time.
Guarantees for all items and equipment are according to manufacturer's warranty. All glass items are specifically excluded from this guarantee.
Colours shown on this website are a guide only and are shown as best as possible for a computer screen. Avanti cannot be held responsible for colour imperfections.