I. General

Goldwell Professional Haircare and KMS California are herein called KPSS (UK) Ltd. All contracts made by KPSS (UK) Ltd for the supply of goods to the customer are subject to the terms and conditions herein contained. No employee, representative or agent of KPSS (UK) Ltd is authorised to vary these terms and conditions, nor may these terms and conditions be varied, otherwise than as confirmed in writing by a Director of KPSS (UK) Ltd. The customer by the placing of an order with KPSS (UK) Ltd admits knowledge of and acceptance of these terms and conditions which shall constitute the entire contract between KPSS (UK) Ltd and the customer. KPSS (UK) Ltd reserve the right to amend these Terms and Conditions at its sole discretion.

II. Prices

(a) All goods are charged at the prices ruling at the time of supply (being the date upon which the goods leave the premises of KPSS (UK) Ltd for delivery to the customer), all prices being subject to alteration without prior notice.
(b) Value Added Tax is chargeable at the rate ruling at the date of supply and prices are quoted exclusive of VAT.

III. Payments

(a) Standard terms of trading are net cash payment due within 28 (twenty eight) days of invoice date, unless otherwise stated on the invoice. If the purchase price is not paid within this period then without prejudice to any other rights of KPSS (UK) Ltd it may charge and recover from or add to the account of the customer interest on any outstanding accounts at 8% per annum (or such other interest rate as KPSS (UK) Ltd may decide provided that the interest rate shall not be changed by KPSS (UK) Ltd unless notice of the intended change has been given) and from the end of the credit period (the due date), KPSS (UK) Ltd shall be entitled to add interest so charged to the customer's account pro rata each month so it shall form part of any balance owing and any further interest shall be compounded and such interest shall be chargeable as well after judgement as before.
(b) It is understood and agreed by the customer, that should payments not be made in accordance with the above, that KPSS (UK) Ltd reserves the right to take legal proceedings to recover any outstanding amounts due to KPSS (UK) Ltd. In this event, the customer will be liable to pay outside third party debt recovery agency fees, legal and court costs to recover such outstanding amounts.
(c) KPSS (UK) Ltd shall be entitled to charge and be fully reimbursed by the customer, in addition to interest, outside third party agency fees, and legal costs and without prejudice to any other rights or remedies available to KPSS (UK) Ltd, the sum of £75.00 plus VAT (€85) (or such charges governed by the current legislation act) by way of liquidated damages and as a contribution to the administrative costs incurred by KPSS (UK) Ltd in taking steps to secure payment.
(d)All payments are to be made at, and this contract is deemed to have been made at, the address of KPSS (UK) Ltd in the United Kingdom.
(e) All cheques, postal orders, Banker's Drafts and other remittances are to be made payable to KPSS (UK) Ltd, and marked Account Payee Only. Receipts for cheques will only be issued once they have been honoured and cleared by the processing centre. However, KPSS (UK) Ltd reserves the right to charge their customer's account £25.00 (€30) for all dishonoured cheques (or such charges as governed by the Bank of England or other relevant bank).

IV. Notification of Damage and Loss

(a) The customer shall be deemed to have examined all goods upon delivery
(b) Whether or not such examination is made, any claim by the customer in respect of the goods must be made in writing within three days of delivery and if not so made, the goods shall be deemed to have been delivered in good order and to be of merchantable quality.
(c) In the event of the non-arrival of goods, or if the customer learns that the goods have been lost or destroyed in transit (from whatever means) KPSS (UK) Ltd must be notified within five days of the date of the invoice, failing which KPSS (UK) Ltd shall have no liability whatsoever to the customer for such non-delivery and the customer shall be liable for the price of the goods. All notices to be given to KPSS (UK) Ltd under this contract shall be given in writing to KPSS (UK) Ltd at the address given on the invoice.

V. Property, Risk and Delivery

(a) The risk in the goods shall pass to the customer upon the earliest of the following events namely:-
(i) Forthwith upon delivery of the goods to the customer or
(ii) Forthwith upon the goods being delivered in accordance with the customer's direction or order
(b) Notwithstanding delivery and passing or risk in the goods or any other or the provisions of these conditions the property in the goods shall not pass to the customer until KPSS (UK) Ltd has received in cash or cleared funds payment in full of the price of goods and all other goods and services supplied or agreed to be supplied by KPSS (UK) Ltd to the customer for which payment has not been made.
(c) Until such time as the property in the goods passes to the customer the customer shall hold the goods as KPSS (UK) Ltd's judiciary agent and bailee and shall keep the goods properly stored protected and insured.
(d) Until such time as the property in the goods passes to the customer KPSS (UK) Ltd shall be entitled at any time to enter upon any premises of the customer or any third party where the Goods are stored and repossess the goods.
(e) All delivery dates are given in good faith but are merely estimates and not legally binding upon KPSS (UK) Ltd . KPSS (UK) Ltd shall not be liable for any failure to deliver by the estimated delivery date or for any loss whatsoever arising directly or indirectly out of delay or in non-delivery of goods, nor shall the customer be entitled to refuse to accept goods, or decline payment, therefore, because of late delivery.

VI. No Sales by Sample

No sale by KPSS (UK) Ltd to the customer shall be deemed a sale by sample in the UK or in Ireland.

VII. KPSS (UK) Ltd's Liability

(a) Liability shall mean liability in contract or in tort and whether arising from breach of contract or negligence or alleged negligence by KPSS (UK) Ltd or its servants agents or employees and the word liable shall be construed accordingly.
(b) The phrase consequential loss shall be deemed to include economic loss, damage to any property other than the goods supplied pursuant to this contract, and any liability of the customer to any third party (save in respect of death or personal injury) but shall not include any loss for or arising out of death or personal injury.
(c) KPSS (UK) Ltd shall have no liability in respect of any consequential loss
(d) Any liability which KPSS (UK) Ltd may have shall be limited to the supply of the goods contracted to be supplied or if such supply is deemed by KPSS (UK) Ltd to be impracticable then the repayment or crediting by KPSS (UK) Ltd to the customer or any monies paid by the customer together with the release of the parties hereto from the contract of if the contract shall have been partially completed by KPSS (UK) Ltd then the repayment or crediting of a proportion of the contract price appropriate to the unfulfilled part of the contract together with mutual release by the parties in respect of such unfulfilled part of the contract.
(e) The customer agrees not to use the goods other than for their normal and proper use and not to alter or modify or otherwise interfere with them.
(f) The customer agrees not to use the goods in a negligent way or otherwise than in accordance with any written instructions or requirements.
(g) KPSS (UK) Ltd shall not in any event have any liability whatsoever in respect of any loss or damage where the customer is in breach of the agreement contained in Clause 7(e) and Clause 7(f) hereof.

Packing and Carriage

(a) All orders to the value of £75.00 (€85) and above (exclusive of VAT) are sent carriage paid to all parts of the United Kingdom and Ireland.
(b) KPSS (UK) Ltd reserves the right for any order to a value of less than £75.00 (€85) (excluding VAT) to charge the customer the sum of £7.50 (€8.50) towards carriage in mainland UK and £12.50 (€15) in respect of Northern Ireland, the Channel Islands, and Ireland.
(c) Unless otherwise stated on KPSS (UK) Ltd's invoice the price of the goods includes KPSS (UK) Ltd's cost of standard packing and delivery to an address in the United Kingdom as specified in the customer's order.

IX. Minimum Order
KPSS (UK) Ltd reserves the right for any order to a value of less then £75.00 (€85) (excluding VAT), to charge the order to the customer at the sum of £75.00 plus VAT (€85).

X. Non-Availability of Stock

Whilst every effort will be made to fulfil orders KPSS (UK) Ltd shall not, under any circumstances, be liable for any loss arising as a result of non-availability or non-delivery of stock.

XI. Non-Returnability of Goods

Goods delivered in good order and of merchantable quality shall not be returnable to KPSS (UK) Ltd except in cases of non-passing of property in the goods under Clause 5(b) hereof or otherwise in KPSS (UK) Ltd's absolute discretion.

XII. Copy Invoices

(a) The customer must notify KPSS (UK) Ltd within three days of receiving a Statement in order to request a copy of an invoice which is listed on the Statement and which has not been received by the customer. Failure by the customer to provide such notification will be accepted as confirmation that all invoices have been received.
(b) Subsequent requests for copy invoices will be accepted subject to a £5.00 administration charge plus VAT (€6) per copy invoice supplied.

XIII. Force Majeure

KPSS (UK) Ltd shall not be liable for failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond its reasonable control.

XIV. Legal Construction

For UK customers this contract shall in all respect be construed and operate as an English contract and in accordance with English law and all disputes shall be under the exclusive jurisdiction of the English Court. For customers in Ireland this contract shall in all respect be construed and operate as an Irish contract and in accordance with Irish law and all disputes shall be under the jurisdiction of the Irish Court.

XV. Application for Credit

The customer grants KPSS (UK) Ltd permission to undertake credit reference and fraud prevention checks for the purpose of making credit related decisions, verifying customer identities, preventing and detecting financial crime and managing customer accounts. KPSS (UK) Ltd may withdraw or refuse credit facilities at any time in its sole discretion.

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