Terms and Conditions


We can only do business with you on the basis of these general conditions. When you place an order with us, you place it subject to these general conditions. Accepting delivery of products means you accept these conditions and none other.

1. GENERAL In these general conditions of sale (“General Conditions”) the following
Words have the following meanings:-  
(a) “Contract” means a contract between us and you for the supply of Products:
(b) “Products” means products that we sell:
(c) “Due Date” means the date of payment  notified by us to you;
      and
(d) “Working days” means days excluding Saturday, Sundays
and Public holidays.
1.2 Sales of Products include all retail packaging but exclude all other Containers and
packaging, which must be returned to us in good condition (fair wear and tear excepted) failing which you will be charged for replacement cost as appropriate.
1.3 Our Products are sold to you subject to these General Conditions (as same may
be amended by us from time to time), which form part of every Contract that we enter into with you for the supply of Products. Any conditions contained in any purchase order or any other document except those specifically agreed to in writing by us shall be void and of no effect. We may alter these General Conditions from time to time in such manner as we determine upon giving notice to that effect to you. Such amendment will, however, not affect any Contract that we may have entered into with you prior to the date of the amendment. The current version of these General Conditions will always be available from Fantastic Hairdresser Products Ltd at 0044 208 827 1659, or download from www.fantastichairdresser.com , if at any time any provision of these General Conditions is or becomes Illegal, invalid or unenforceable in any respect, that shall not affect the legality of enforceability of any other provision of these General Conditions.
1.4 We will not be bound by clerical or arithmetical errors in documents issued by us.
1.5 We reserve the right to discontinue or alter the ingredients, preparation or presentation of
the products without notice.
1.6 All display material supplied by us will remain under the ownership of Fantastic
Hairdresser Products until your account is paid in full.
1.7 We will make reasonable endeavours to meet your requirements as to time and date
of delivery but may make part-delivery but may make part-deliveries towards fulfilment of any order and will not be liable to you for any failure to deliver the Products by or at any particular time or date. We may from time to time, such as but not limited to bank holiday weeks or holiday periods, make delivery on a date other than that confirmed by your office or sales representative.
1.8 You shall notify us immediately in writing of any change in your legal status, including but
not limited to changes under the Companies Acts, or control or ownership. We reserve the right to discontinue supply and, where appropriate, to recover Products and to amend our terms of trade in the event of any such change in legal status.
1.9 You may not assign this Contract and these General Conditions or the benefit thereof
without our prior written consent. We may assign this Contract and these General Conditions to any of our affiliated or associated companies without your consent.
1.10 These General Conditions supersede and replace any previous agreement for the
purchase of the Products and is entered into by you in reliance only on the General Conditions and not on any representations or warranty.

2 PRICE
2.1 Prices for the Product and, where applicable, discounts, VAT, Excise and other
duties and taxes are those that apply at the date of delivery of the Products. We reserve  the right to revise our prices at any time prior to the date of delivery.
2.2 All discounts, rebates, allowances and / or any other sums or payments whatsoever
which would otherwise be due or owing from us will only be allowed or made by us if payment in full of all account(s) is effected in accordance with the terms of payment set our herein and by the Due Date. We reserve the right to withhold or to cancel any or all such discounts, rebates, allowances and / or credits and / or any other sums or payments whatsoever or howsoever arising (whether accrued or not) in circumstances where payment set our herein and by the Due Date. Without prejudice to the foregoing, in such circumstances, we may, at our discretion, withdraw any or all credit facilities as may previously have been provided and cancel any future deliveries or make such deliveries on a strict payment in advance of delivery basis.

3 PAYMENT
3.1 We must receive payment in full from you for all invoiced items and Products by the Due
Date. You agree that you will pay us in accordance with this requirement for all invoiced items and Products, unless otherwise agreed in writing.
3.2 Unless otherwise agreed in writing, our payment method is by Direct Debit. Time shall
be of the essence in respect of all payments due to us from you.
3.3 You may not without our prior written consent set off any sums payable to you by us
against any sums payable to us by you or deduct in advance any amounts due from us from payments due from you. We shall be authorised to set off and apply any sums or any part thereof due by us to you from time to time in or towards the satisfaction of any liabilities or accounts you have with us at our discretion and without further notice to you and you agree that such set off shall be a good and valid discharge of such sums without the necessity for further permission from you whatsoever.
3.4 If any amount payable is not received by the Due Date then without prejudice to any
other rights or remedies we might have:
(a) You will be liable to pay interest on any amount outstanding
without further notice, at an annual rate of 7% above “the reference rate” of the      European Central Bank (as referred to in the European Communities (Late Payment in Commercial Transactions) Regulations 2002) from time to time. Such interest shall accrue on a daily basis from the Due Date until the date of actual payment of the amount outstanding. We reserve the right to seek the recovery of legal costs incurred in securing payment of overdue accounts:
(b) We may cancel any further deliveries to you;
(c) Credit facilities may be withdrawn and we may require that
any further supplies of Products to you be made on a strict
payment with order basis only: and
(d) We may require you to deliver to us Products and title to which
has not passed to you, as set out in Clauses 1.7 and 4.4
respectively.
3.5 We will normally only accept orders for such minimum quantities of Products as we may
specify from time to time. Details are available on request. For orders below the minimum we reserve the right to charge for appropriate additional order processing and delivery costs.
3.6 We do not supply Products on a sale or return basis. You will not be entitled to return
any Products to us or require us to take back any Products from you after they have been delivered to or collected by you (except in the circumstances set out in Clause 5) and if you purport to accept delivery of part only of your order we reserve the right not to deliver the whole order.
3.7 Where subsequent to the issue of an invoice on which VAT is charged, a discount is
granted or there is a reduction in the amount charged, you hereby agree to the treatment permitted under Section 17(9) of the Irish VAT Act 1972 whereby the amount of VAT charged on the original invoice may remain unaltered.
3.8 In order to ensure that any discounts or credits granted are treated correctly for
VAT purposes, it has been assumed that you are VAT registered in Ireland. In the event that you are not registered for Irish VAT or cease to be registered for Irish VAT, we must be notified immediately that this is the case. Any loss or damage arising to us as a result of the failure by you to notify us under this Clause 3.8 shall be borne by you.
3.9 In the event of you requesting copy documentation from us (relating to a date 12
months or more prior to the date of such request), we shall charge you an administrative fee to cover our expenses.

4. RISK AND TITLE
4.1 Risk of damage to or loss of the Products shall pass to you upon
the earlier of (a) delivery of the Products to you; or (b) where the Products are to be collected by you or by a carrier on your behalf when the Products are so collected. For the avoidance of any doubt, where risk of damage to or loss of the Products has passed to you, you shall be liable to pay us for Products even in circumstances where damage to and / or loss of such Products has occurred including (but not by way of limitation) as a result of fire or theft or howsoever otherwise arising.
4.2 Legal and beneficial title in the Products shall remain with us until we have
received payment in full in cash or cleared funds of all amounts owing to us by you on any account whatsoever. You may resell in the ordinary course of business any Products in which title has not passed to you but you shall account to us for the proceeds of sale for the Products.
Until such resale you will keep the Products separate from the goods of yourself and others, and properly stored, protected and identified as our property.
4.3 Without prejudice to the provisions of Clause 3.3, any payment made by you for
any Products supplies under a Contract by us shall be appropriated first to Products which have at the date of receipt by us of the payment been disposed of by you and we shall be entitled to appropriate any balance after such appropriation to such other of the Products supplied by us to you as we shall in our absolute discretion decide.
4.4 Unless and until title in the Products passes to you, we may at any time require you
to deliver the Products to us as we may direct and, if you fail to do so immediately we may enter any of your premises or the premises of any third party where the Products are stored and repossess the Products. You will provide access and egress for us (or on our behalf) to and from these premises or will procure that access and egress is provided for us (or on our behalf) to and from these premises so that we may repossess the product.
4.5 You may not in any way pledge or charge by way of security for any indebtedness
any Products in which title has not passed to you and if you do so all monies that you owe us will (without prejudice to any other of our rights or remedies) becomes due and payable immediately.

5. CLAIMS AND LIABILITY
5.1 We will not, except as provided in this Clause 5, be
liable for any loss or damage arising from non-delivery or delay in delivery for whatever reason and whether in respect of the whole or part of the Products and you will not be entitled to terminate or cancel the Contract because of any such delay in delivery or non-delivery.
5.2 You must ensure that all Products are examined when you or the person acting on
your behalf receives them. You must notify any damage to the Products in writing to us within 2 Working Days of receipt and any Products which are damaged (including cartons) should be retained so that we may inspect them. You must notify us of any failure to deliver within 2 Working Days of the intended date of delivery that was notified to you by us.
5.3 Subject to you fulfilling the conditions in Clause 5.2 above we shall replace any Products
that were damaged while they were at our risk or delivery any Products not delivered or, at our option, credit you with the price of Products so damaged or note delivered.
5.4 If any of the Products are defective in manufacture or are contained in defective
containers, our liability howsoever arising in respect of any such defects shall be limited to the replacement of the defective Products or crediting you with the price of the defective Products, as we shall decide. The Products are otherwise sold without any guarantees or representations and all warranties or conditions statutory or otherwise express or implied to the contrary are expressly excluded to the greatest extent permitted by law. The exemptions from the provisions of Sections 13,14 and 15 of the Sale of Goods Act 1893 (“the 1893 Act”) (as inserted by Section 10 of the Sale of Goods and Supply of Services Act 1980 (“the 1980 Act”) contained in Section 55 (4) of the 1893 Act (as inserted by Section 10 of the 1980 Act).
5.5 Except as provided in this Clause 5 we will not be liable for any loss or damage
of whatever nature and however caused. This Clause 5 (and any other Clause of these General Conditions) will not, however, apply to exclude or restrict our liability for death or personal injury resulting from our negligence or the negligence of our employees or agents.
5.6 You must on delivery satisfy yourself as to any “Best before” or “Racking” dates, and
will be deemed to be satisfied as to such dates unless you immediately and by written notice refuse to accept delivery of the Products concerned.
5.7 In view of the difficulties of administering and verifying late and incomplete claims
for agreed funding by us of promotions, complete claims, accompanied by invoices and supporting documentation must be received by us no later than 3 months after completion of the promotional activity or period concerned. We will not accept, or be liable for, any claims received after that time.
5.8 You shall indemnify us against any loss, damage, claim or liability arising out of
any accident or damage caused at any time on your premises or in the course of any delivery by reason of fault or negligence of you or any of your employees, agents or contractors.

6. RESALE BY THE CUSTOMER
6.1 You will not resell the Products except in good condition in or from the bottles
or containers supplied by us and exactly as supplied by us or as we otherwise authorise in writing. The bottles and containers of the Products shall at all times only be used to contain and / or dispense the Products and no other product or substance shall be placed in the bottles or containers at any time after sale to you.
6.2 The Products are sold on the condition that you undertake to us that the Products will
not at any time subsequent to sale to you become available for purchase in any territory outside the European Union (EU) AND THE European Free Trade Association (EFTA), or on ships or from aircraft stores or in any duty free shop or other duty free retail establishment wherever situated. We and other relevant trade mark owners do not consent to the use of our / their trade marks in relation to sales of Products outside the EU and EFTA.
6.3 If the condition in Clause 6.2 is breached, we may without prejudice to any of our
other rights or remedies (a) suspend or cancel in whole or in part further deliveries, without any further liability to you; and / or (b) recover from you damages for any loss or damage to our business arising directly or indirectly out of this breach. Evidence of availability for purchase of a portion only of the products delivered under the contract shall be deemed to be conclusive evidence of availability of all the Products so delivered.

7 REPUTATION AND INTELLECTUAL PROPERTY RIGHTS
7.1 You agree not to take any action or do anything calculated or likely to harm our
reputation or the reputation of the Products or of our brands.
7.2 You will ensure that any reference to or use of our or our licensors’ trademarks are in
a manner and form approved by us and accompanied by an acknowledgement that the trade mark belongs to us or our licensors.
7.3 You will not use any other trademarks in relation to the Products without first
obtaining our written consent. You will as soon as reasonably practicable notify us of any infringement or wrongful use of our intellectual property which comes to your attention, and will co-operate at all times with us in the prevention of any such infringement.

8 CONFIDENTIALITY
The existence and terms of any Contract and any other information and materials
relating to us or our business disclosed to you by or on behalf of us prior to or after the entering into of any Contract shall be our confidential information and shall not be used or disclosed by you to any third party. You shall return all such information and materials to us on request and shall cease all further use of such information and materials.

9 STATUS OF CUSTOMER
If:
(a) you, whether voluntarily or involuntarily, make any arrangement or composition
with your creditors or become subject to an examinership or government order or (being an individual or firm) become bankrupt or (being a company) go into liquidation or receivership (otherwise than for the purposes of amalgamation or reconstruction without insolvency); or
(b) a receiver, trustee, examiner or liquidator is appointed over, any of your property or assets;
(c) or you are unable to pay your debts generally as they become due or suspend
any payments to us or cease, or threaten to cease, to carry on business; or
(d) We consider that any of the above events is about to occur to you; then, we shall be entitled to cancel the Contract and to cease any further deliveries under the Contract without liability to you, and if any Products have been delivered but not paid for all sums due shall become immediately due and payable. For the avoidance of any doubt, legal and beneficial title in Products shall remain with us until we have received payment whatsoever and Fantastic Hairdresser Products property will at all times remain our property.

10 BREACH
Without prejudice to any other rights, we may be written notice stop supplies and / or terminate all Contracts with you in the event of a material breach by you of a Contract with us.

11 FORCE MAJEURE
We reserve the right without any liability to postpone delivery of any Product or to cancel any order or Contract if we are hindered from fulfilling the same due to a strike or other industrial action or any circumstances beyond our reasonable control or which make such fulfilment impossible or illegal. We shall not be liable for any circumstances beyond our reasonable control.

12 SURVIVAL
The provisions of Clauses 3, 4, 5, 7 and 8 of these General Conditions shall survive any termination of expiration of any Contract between us.

13 GOVERNING LAW
For Clients in the United Kingdom (UK)  These General Conditions and any Contract of which these General Conditions form part shall be governed by British Law. The courts of Great Britain are to have exclusive jurisdiction to settle any dispute in connection with these General Conditions or any Contract of which these General Conditions form part.

For Clients in the Republic of Ireland These General Conditions and any Contract of which these General Conditions form part shall be governed by Irish Law. The courts of Ireland are to have exclusive jurisdiction to settle any dispute in connection with these General Conditions or any Contract of which these General Conditions form part.

As part of our commitment to provide great Customer Service, telephone calls to and from Fantastic Hairdresser Products may be recorded for security, training and development purposes.