Terms and Conditions of Use
The following conditions are accepted by both buyer and seller.
All products and product information available on this website/catalogue are intended for qualified professional beauty therapists, nail technicians and hairdressers. Customers should be competent in using the products sold on this web site/catalogue. Beauty Centre Malta (BCM) will not be held responsible for any injury or damages in unqualified users of our products. We reserve the right to ask for proof of professional status. As a business user, it is your responsibility to ensure that you are insured for products that you are using. Please read the terms and condition carefully and do not hesitate to contact us if you require further information or clarification. If you do not accept these terms and conditions, please discontinue your purchase.
Definition
In these terms and conditions “the Seller” or “the Company” means BCM, and any successor in title or assignee including any subsidiary or associated company , or any subsidiary or associated company, and “the Buyer” means the Purchaser of goods from the Seller under these terms and conditions. These terms and conditions shall apply to every order for the purchase of goods made between the Seller and the Buyer to the exclusion of any other terms and conditions that the Buyer may wish to rely upon.
The Contract between us
To make a purchase from our website/catalogue, you must complete our registration form.
After you place an order, you will receive confirmation from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
We accept your order by dispatching your order to you. The contract between us will only be formed when we dispatch your order to you.
If we are not able to dispatch all the goods in your order at one time due to operational reasons or shortage of stock, we will dispatch the goods in instalments. We will not charge you extra delivery costs for this. Each instalment will constitute a separate contract governed by these Terms.
If we are unable to supply you with goods, for example because that item is not in stock or no longer available or because of an error in the price on our website/catalogue price list, we will inform you of this and we will not process your order.
We are not obliged to accept any order(s) you submit.
Prices
Prices are subject to alteration without prior notice.
We take all reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However since we have a large number of products, it is always possible that, despite our reasonable efforts, some of the goods on our website/catalogue may be incorrectly priced.
If we discover an error in the price of the goods you have ordered we will inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order. We will not accept and process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price. We will at times discover that goods have been incorrectly priced after the goods have been dispatched and therefore cannot give the option of cancelling the order.
Payment
You can only pay for Goods using a Bank transfer, Paypal, and a debit card or credit card. We accept the following cards: Visa and Mastercard.
Where your order is placed through our website or by phone/email, payment for the Goods ordered and all applicable delivery charges will be charged to your debit or credit card on dispatch of the Goods unless you have a pre-agreed credit account with us in which case payment is due in full 30 days from date of invoice.
Payment for orders for custom-made, special order or bespoke Goods (whether delivered direct to you by us or through our courier) will be charged once the goods have been delivered to your door, and payments are done either by cash or cheque. Any payments done by cheque will cleared when the cheque has been cashed.
Overdue Accounts
After 30 days a surcharge of 8% will be charged on the gross amount overdue levied on a daily basis.
Claims
Claims for loss or damage to goods in transit cannot be accepted unless BCM is advised within 48 hours of receipt of goods in the case of damage. We will have the goods returned to us and pay the cost of the return shipping if we are informed within the 48 hours. The Company will not entertain claims made outside the stated time limits and any loss or damage will be deemed to have occurred after delivery to you.
Returned Goods
When goods have been ordered in error or are not as expected, the Company may agree to their return on the following conditions.
A request must be made to BCM, within seven days of receipt of goods.
If you wish to return unwanted goods please ensure that any product you have bought is in original condition, unworn or unused and sent back to us with its original packaging.
Carriage charges will not be refunded.
Returned goods will only be accepted where a Returns Authorisation has been given. The relevant reference number must be quoted on accompanying documentation. For your own protection, please obtain a receipt from the carrier as BCM accepts no responsibility for lost parcels.
Goods which are given free, as part of an offer, are not exchangeable or refundable, unless the full offer is returned, subject to normal conditions.
- Faulty goods returned for testing can take up to 21 days.
- Special non-standard items cannot be returned
- Certain products cannot be returned or exchanged after 30 days.
- For hygenic reasons certain products cannot be returned or exchanged.
- Refunds are subject to a handling charge (delivery) of which will be deduced from the purchase price prior to making the refund.
Delivery Charges and Timescales
(1) The deadlines and time periods indicated by the Seller are not binding, unless agreed otherwise in writing. The Seller is not responsible for delays of delivery due to Force Majeure or due to events which make the delivery considerably more difficult or impossible for the Seller, even if binding time periods and delivery deadlines have been agreed. Those events permit the Seller to delay the delivery or service for the duration of the hindrance, or to withdraw from the contract in full or in part in relation to that part that has not been fulfilled. The Seller is always permitted to carry out partial services or deliveries.
(2) The start of the delivery period stated by the Seller is subject to the clarification of all technical questions. Compliance with the delivery obligation of the Seller shall further presuppose punctual and proper performance of the Purchaser‘s obligations. The right to the plea of non-performance of contract shall remain reserved.
(3) Delivery of the Goods shall be made by the Purchaser collecting the Goods at the Seller‘s premises at any time after the Seller has notified the Purchaser that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place. If the Purchaser falls into arrears of acceptance of the Goods or culpably breaches other cooperation duties, the Seller shall be entitled to demand reimbursement of the costs incurred by the Seller to this extent, including all and any additional expenditure and other damages. The right of the Seller to further-reaching claims shall remain reserved.
(4) Where delivery of the Goods is to be made by the Seller in bulk, the Seller reserves the right to deliver less than the quantity ordered without any adjustment in the price, and the quantity so delivered shall be deemed to be in the quantity ordered.
(5) If a fixed and binding time for delivery is provided for in the contract, and the Seller fails to deliver (in accordance with Point (3) of this Article) within such time or any extension thereof granted, the Purchaser shall be entitled, on condition that the arrears in delivery are based on a breach of contract by malice aforethought or gross negligence of the Seller and on giving to the Seller within a reasonable time notice in writing, to claim a reduction of 0,1% of the delivery value for each completed week of arrears, albeit no more than 3% of the delivery value, unless it can be reasonably concluded from the circumstances of the particular case that the Purchaser has suffered no loss.
(6) Liability for any loss of profits or any other consequential losses, including liability for loss of income which can otherwise customarily be achieved with the sold product(s), shall be ruled out.
(7) To the extent possible, the quantity ordered by the Purchaser shall be provided. Any difference in quantity resulting from the delivery note or the invoice shall be notified to the Seller in writing, albeit not later than five (5) working days after receipt of the commodities.
(8) If the Purchaser fails to accept delivery on due date, he shall nevertheless make payment as if the delivery of the Goods had been accepted. The Seller shall arrange for the storage of the Goods at the risk and cost of the Purchaser. If required by the Purchaser the Seller shall insure the Goods at the cost of the Purchaser.
(9) Delivery will be to the address advised in your order. If no one is available at a residential or other address at the time of delivery, unless special instructions were given at time of order, a note will be left to advise if your order has been returned to us. We shall then try to make the delivery to the address specified in your order during normal delivery days which are on Thursday and Friday. If still no one is available at the residence of other address BCM we charge an extra delivery cost.
Normal delivery days are on Thursday and Friday. Orders must be placed by Wednesday and not later that 12pm.
Tax and other charges
We charge 18% VAT and for other countries contact us for more details.All local customs, excise, value added and import taxes are your responsibility. In addition, we will not be responsible for any costs, fines, taxes or duties incurred as a result of goods being seized outside Malta. We will not provide any refunds or credit notes in these circumstances.
Product descriptions
In describing the Products available on our website/catalogue we attempt to be as accurate as possible. BCM, however, does not warrant that Products descriptions or other content of this website/catalogue is accurate, complete, reliable or error-free. If a Product offered by us is not as described, your sole remedy is to return the Product in an unused condition in accordance with the provisions detailed below.
Your account
If you use our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and all passwords. To place an order on this website/catalogue, you must be over 16 years otherwise you are not entitled to complete the on-line registration form required to place an order. We reserve the right to refuse service, terminate accounts or cancel orders at our sole discretion. We will deliver the goods ordered by you to the address given by you for delivery on the on-line registration form at the time of your order and by whatever means we reasonably consider appropriate.
We view the security of our customer’s data as paramount. Any personal data you provide to us and from which you can be identified is stored securely and confidentially and is processed in accordance with applicable legislation and this privacy policy, which sets out what personal data we collect about you when you interact with us and how we use your data.
Information we may hold about you
When you register to use our Website, purchase a product, apply for a job, enter a competition or promotion run by BCM or contact us, personal data you provide, such as your name, date of birth, contact details (including social media accounts), log in and payment information, will be collected.
When you browse our Website, whether or not you are registered, purchase a product, register to receive our emails or make a job application, we will collect user information such as your location, language, assumed gender, IP address, when you visited our Website, how you arrived on our Website, where you visit after our Website, the pages you visited, how long you spend browsing individual pages on our Website, any products you have viewed, purchased, or put in your basket, and the browser (where applicable) and device you used to access our Website.
In our premises, including our stores, we use CCTV to monitor and record images for the purposes of security and health and safety, and store the images centrally.
In circumstances where you contact us by telephone, calls may be recorded for quality, training and security purposes. Calls may also be monitored without your consent in the following circumstances: to provide evidence of a business transaction; to prevent or detect a crime; to ensure that the Group complies with regulatory procedures; to see that quality standards or targets are being met; and to secure the effective operation of the telecom system.
You acknowledge that you do not object to us. Using your personal information for any of the purposes outlined in this privacy policy and you confirm that you do not and will not consider any of these purposes as a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
How we may use your personal data
We may use your personal data in the following ways:
• to fulfil your order – we require your identification, contact and payment information to enable the relevant BCM to enter into a contract with you and are unable to do so without this information (please note that your details may need to be passed to another company within BCM in order for them to supply or deliver the product that you ordered and we may retain your details for a reasonable period of time after you have completed the transaction in order to fulfill any contractual obligations such as refunds, guarantees etc and to meet any legal obligations for the retention of transactional data);
• to tell you about similar products and services, or products and services that you ask us to send you information about, by email, post, mobile, telephone and/or through other digital means (depending on your stated preferences) including social media platforms;
• to provide you with services you request from us;
• to register you on the Website (where this involves setting you up with an account, we will use your personal information to maintain and update your account (e.g. such as a change of address or change in your marketing preferences);
• to administer our Website;
• to analyse, and improve, the use of our Website, and retail offering, including how you move around our Website, or retail stores;
• to administer any competition run by BCM. Please refer to the specific terms and conditions for each competition;
• to measure and analyse our advertising;
• to make suggestions and recommendations to you, other users of our Website, about products or services that may interest you or them;
• to keep in touch with you regarding your marketing preferences;
• to keep our Website, and network safe and secure;
• to process payments, and detect and prevent fraudulent transactions and/or any other criminal activity (we may pass your details to a third party to carry out these functions); and
• to assess and process your job application.
We process this data where you have given us consent to use it, where it is necessary to perform our contract, to take steps at your request prior to entering into a contract, where required by law or in pursuit of our legitimate interests where these are not overridden by your rights and interests, such as to provide appropriate marketing and to maintain our services.
How long we keep your information
We will not keep your personal information for any purpose(s) for longer than is necessary and we will only retain the relevant personal information that is necessary in relation to the purpose.
We will retain the personal information you provided on registering an account on our Website so long as that account remains in existence.
In the case of any contact you may have with our customer services department, we will retain those details for as long as is necessary to resolve your query and for a short period after the query is closed.
On making a purchase through our Website, we will retain certain limited personal information such as your name, email address and postal address until you ask us to update or delete those details for the purpose of reporting new and existing users to our affiliate advertisers. We retain transaction information for as long as required by law. We will retain information regarding your website browsing history for a similar period.
If we are legally required or if it is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your personal information for a limited period of time, even after you have closed your account.
We retain CCTV recordings centrally for up to 30 days, and for a longer period if they are relevant to an incident, complaint, investigation or legal proceedings.
We will retain information relating to any job application for as long as it takes to process your application and, if it is unsuccessful, for an additional period of around 6 months. If your application is successful, your information will be retained in accordance with our staff privacy policy.
We will retain your information for a short time beyond the specified retention period, to allow for information to be reviewed and any deletion to take place.
We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of your personal data, including encrypting your information to applicable industry standards.
Ownership of Goods
We will retain ownership of the goods you order until we receive full payment for the order including the applicable delivery charges (including any charges for re-delivery in accordance with Clause 3 above). Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.The person responsible is in personam and even though the name of the company is shown when purchasing items the person behind such purchase or order is responsible for payment .
Product availability
All products are subject to stock availability. A 40% deposit on customed order or items not available in stock. If we have insufficient stock to deliver the goods ordered by you we may, at our option, send a carefully selected substitute, alternatively, any sum debited to your credit card will be re-credited to your account and we will notify you by e-mail at the address given by you in your registration form. The refund will be made as soon as possible after such notification and in any event within thirty days of receipt of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Guarantee
All items are subject to the manufacturers warranty and warranty conditions. Certain restrictions apply, please ask for more details. Failure to comply with the warranty conditions will invalidate your ability to rely upon the guarantee. Where a claim on guarantee is made it must be accompanied by the original receipt of purchase. All warranties’, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from all orders for goods supplied by the Seller to the Buyer. The Company does not attempt to exclude its liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.
Retention of Title Clause
a. The risk in all goods passes to the Buyer upon delivery but title in the goods remains vested in Seller, and shall only pass from the Seller to the Buyer upon full payment being made of all sums due on whatsoever account or grounds to the Seller.
b. The Buyer agrees that prior to the payment of the whole price of the goods, the Seller, or appointed agents may enter the Buyer’s premises to collect such goods should the Seller request. Prior to such payment, the Buyer shall keep the goods separate and identifiable for this purpose, and shall return the goods to the Seller should the Seller request.
Liability and Limitations
The Buyer warrants that the goods will be used for professional use only.
Goods are sold on the understanding they will be used for their intended purpose. No responsibility will be accepted by BCM for the misuse of equipment, furniture or products by trained or untrained personnel. BCM shall have no liability to the Buyer for damage to goods caused by incorrect installation by the Buyer or its agents or if the goods have been tampered with or have had parts added to them which are not original and/or have not been authorised by BCM or the manufacturer.
BCM is not liable for damage to goods caused by normal wear and tear.
Fragile items (eg glass or mirror and rubber material) and/or consumable items (eg neon lights and bulbs) should be inspected immediately upon receipt and any defects should be notified to the Seller within 48 house of receipt. Failure to do so will invalidate the Buyer’s warranty rights for these components. BCM’s total liability for any claims howsoever arising shall not exceed the price of the goods supplied by the Company to the Buyer which are the subject matter of that claim.
BCM shall not be liable for any indirect or consequential loss (including but not limited to loss of business and/or loss of goodwill) whether the loss arises from the Company’s negligence or breach of duty in contract or in any other way.
Termination
We reserve the right to terminate your account. Unless you don’t spend a minimum of €50 monthly.
General
All goods are subject to availability. BCM reserves the right to refuse any order or application for credit.
BCM takes care to ensure that all sizes, specifications and descriptions provided are accurate and given in good faith, however slight variations in the actual goods may occur and BCM reserves the right to make alterations and/or amendments at its absolute discretion. BCM may record incoming telephone calls for training purposes and to improve customer service.
The Seller may assign its rights under these terms and conditions. The Buyer has no reciprocal rights of assignment.
Any dispute or claim shall be governed by and construed in accordance with the Maltese law and the Seller and Buyer agree to submit to the exclusive jurisdiction of the Maltese courts.
