Terms and Conditions of Sale

1.The Conditions 

Orders are accepted by TRUE Skincare Limited on the basis that these conditions (as may be amended in writing by an authorised representative of TRUE Skincare Limited) shall take precedence over any other terms of conditions 

2. Orders 

2.1 When placing an order, the buyer (organisation or person who buys the products) is responsible for accurately identifying the products required. 

2.2 Each order for one product shall constitute a separate contract. 

3. Delivery 

3.1 TRUE Skincare Limited shall deliver the products to an agreed address. Time of delivery is not of the essence. 

3.2 Where TRUE Skincare is unable to deliver an order in full it will deliver any balance at a later date unless specific instructions to the contrary have been given in writing by the buyer. 

3.3 The signature of the delivery note by any person working at the delivery address shall be conclusive proof of the delivery of the products. 

3.4 TRUE Skincare Limited may at any time cease deliveries and demand payment for any products already supplied, regardless of any previous agreement or arrangement to the contrary. 

4. Risk 

4.1 The products shall be at the buyer’s risk from the time of delivery. 

5. Price 

5.1 The price payable by the buyer for the products delivered shall be that quoted in the price list at the time of invoice. 

5.2 The buyer is additionally liable for any government tax or duty. 

5.3 The price is subject to revision at any time without prior notice. 

6. Payment 

6.1 Payment terms are on a proforma basis. Any queries must be raise with the Accounts department of TRUE Skincare Limited within 3 working days of the invoice date. 

6.2 TRUE Skincare Limited shall provide an invoice in respect of the products delivered at the time of delivery. 

6.3 At the beginning of each month TRUE Skincare will issue a statement to the buyer detailing all invoices issued during the preceding month and all outstanding sums due. Any queries must be raised in writing on or before the 15th of the month with the TRUE Skincare Limited Accounts department. 

6.4 Payment for invoices must be received by the Accounts department at TRUE Skincare. Proof of posting will not be accepted as proof of delivery. 

7. Transfer of Property and Title 

7.1 Property in and title to a product shall not pass from the seller to the buyer until TRUE Skincare Limited has received payment of all sums due in respect of that product under these conditions. 

7.2 Until title passes to the buyer, the buyer shall hold the products as the seller’s fiduciary agent and bailee and keep them properly stores protected, insured and readily identifiable as the property of the seller. 

7.3 The buyer may in the ordinary course of business resell the products on normal trade terms, notwithstanding that at the time of such resale the products remain property of the seller, provided that the buyer shall: 

a. account to TRUE Skincare Limited as bailee for the sale proceeds to the limit of the total owed to TRUE Skincare Limited and 

b. hold the sale proceeds in a separate account as trustee for TRUE Skincare Limited until all sums due are paid. 

7.4 Until TRUE Skincare Limited may require their return. If the buyer fails to do so forthwith, TRUE Skincare Limited may enter the premises where the products are stored and repossess them and the buyer shall indemnify and hold harmless TRUE Skincare Limited against any liability, costs, demands and expenses of or incurred by TRUE Skincare Limited as a result. 

7.5 The buyer shall not pledge or charge the products by way of security whilst they remain the property of the seller and if the buyer does so without written permission from TRUE Skincare Limited then all sums due will become payable immediately. 

8. Liability 

8.1 TRUE Skincare Limited shall not be liable to the buyer for any shortages in quantity delivered, damage or loss, short dated deliveries, or any defects in the products, unless the buyer notified TRUE Skincare Limited in accordance with 8.4. TRUE Skincare Limited shall not be liable for any defects in the products caused by abnormal conditions of storage, wilful damage, negligence, failure to follow TRUE Skincare Limited’s instructions or misuse of the products. 

8.2 Where liability is accepted by TRUE Skincare Limited under clause 8.1 TRUE Skincare’s only obligation shall be at its option to make good any shortage or non-delivery and/or replace any products found to be damaged or defective and/or refund the cost of any such products to the buyer by a credit note. 

8.3 Without prejudice to 8.9, TRUE Skincare Limited’s maximum liability arising under or in connection with an order for the products, whether arising in contract, tort (including negligence), restitution, breach of statutory duty or misrepresentation or otherwise is limited to the net price of the products invoiced. 

8.4 The buyer must notify TRUE Skincare of any potential claim in writing within 3 working days of delivery, Each notification must show the reason for claim and 

a. the name and address of the buyer 

b. the quantity, description, strength and pack size for which a claim is being made 

c. the invoice number and date of the relevant invoice. 

8.5 A copy of the document supporting any returned goods must be retained by the buyer and must be signed by the driver as acknowledgement of receipt. Any subsequent claim for credit may be refused unless such proof of collection can be provided on request. 

8.6 Nothing in these conditions shall limit or exclude the liability of either party for (a) death or personal injury cause by negligence (b) fraud or fraudulent misrepresentation or (c) breach of the terms implied by s12 of the Sale of Goods Act 1979. 

8.7 Save as expressly provided in these conditions, all conditions, warranties, representations, and other terms expressed or implied by statute, common law or otherwise in relation to the products are hereby excluded to the fullest extent permitted by law. 

8.8 Subject to 8.9, TRUE Skincare Limited will not be liable to the buyer for any reason whatever (whether in contract, tort – including negligence, restitution, breach of statutory duty or misrepresentation or otherwise) for any (a) consequential loss (b) loss of profit (c) loss of goodwill (d) loss of business or opportunity (e) interest cost (f) special damage or (g) indirect damage suffered that arises under or in connection with an order for products. 

8.9 TRUE Skincare Limited will assume no liability as a result of circumstances beyond its reasonable control, including, without limitation, trade disputes, inclement weather, breakdowns or acts of God. 

8.10 Employees or agents of TRUE Skincare Limited are not authorised to make any representations concerning the products unless confirmed by Emma Thornton in writing. 

8.11 All descriptions and specifications are for identification only and do not form part of these conditions or give rise to any liability on the part of TRUE Skincare Limited. 

9. General 

9.1 TRUE Skincare reserves the right to cease trading with the Customer at any time. 

9.2 Any notice given under these conditions shall be in writing and addressed to: 

a. the buyer at the agreed delivery address or such other address as may be have been notified to TRUE Skincare Limited 

b. 7 Heronsbrook, Buckhurst Road, Ascot, Berkshire SL5 7QD, for the attention of the Company Secretary. 

9.3 No waiver of any breach of these conditions by the buyer shall be considered as a waiver of any subsequent breach. 

9.4 These conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English courts. 

9.5 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected. 

9.6 No term of these conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party.