HAIR AND BEAUTY NETWORK FZE
GENERAL TERMS AND CONDITIONS OF SALE
Written conditions on the quotation and invoice undertakes conditions of the general condition for sale
- GENERAL
1.1 These general terms and conditions of sale (hereinafter the “General Conditions of Sale”) are addressed and meant for each buyer (hereinafter the “Customer”) and applicable on products distributed and operated by HAIR AND BEAUTY NETWORK FZE (hereinafter the “H&B”). Consequently, placing an order implies the full and unreserved adherence of the Customer to these General Conditions of Sale to the exclusion of all other documents such as catalogues or flyers issued by catalogues or websites, the content of which is only indicative. No special conditions or any stipulation to the contrary, except with the express prior written consent of H&B, prevail over these General Terms and Conditions of Sale and will be inoperable to the customer no matter when it may have been brought to the knowledge. The fact that H&B would not at any time avail itself of any of the stipulations of these General Conditions of Sale, shall not be construed as a waiver by H&B to subsequently avail himself of any of these conditions.
1.2 The goods, even when they are sent to the Customer by H&B, are sold Ex-Works (Incoterms 2010), ex-warehouse RAS AL KHAIMAH FREEZONE, and are payable from this shipment. The goods travel at the risks and perils of the recipients, the receiving customers must exercise all recourse to this title against the carriers.
- PRODUCTS
2.1 These Terms and Conditions apply to products distributed by H&B. The photographs illustrating the products in the commercial documentation do not constitute a contractual document.
- ORDER
3.1 Orders become final only after written confirmation (invoice) from H&B. However, acceptance may also result from the shipment of the products. In any event, the signature of a purchase order definitively commits the Customer. The benefit of the order is personal to the Customer and cannot be transferred without the prior written consent of H&B.
3.2 Any modification or order resolution requested by the Customer can only be considered if it has been received in writing 20 days before the scheduled date for the shipment of the products and subject to the agreement of H&B.
3.3 In addition, H&B reserves the right to make at any time any modification which it considers useful or necessary to the products, without obligation to modify the products previously delivered or being ordered; and to modify without notice the models defined in its prospectuses, catalogues or any other marketing mediums.
- PRICES
4.1 The products are supplied at the price in force at the time of receipt by H&B of the order form signed by the Customer and agree, unless otherwise stipulated, excluding taxes, ex-factory. Any tax, duty or other benefit to be paid pursuant to the UAE authorities or those of an importing country or a country of transit, shall be the exclusive responsibility of the Customer.
- DELIVERIES
5.1 The delivery is deemed to be effected by the delivery of the product to the Customer, to a shipper or to a carrier authorized by the customer in the premises of H&B. Please refer to sales terms for the storage fees if customer is not ready to receive the order on the due date.
5.2 Storage Fee
H&B can store the goods ordered for a maximum period of 30 days from the delivery date showing on the invoice. After this period, storage costs will be charged as 1% of the net order value (excluding transport) per month. Please note that any month started is due. Goods will be released for delivery when the balance amount of the invoice and the storage fees are paid fully.
- TIME LIMITS
6.1 Accepted orders are processed according to availability and order arrival. In particular, H&B is authorised to process orders and to deliver products in whole or in part. H&B will make every effort to comply with the delivery date(s) and time requested by the Customer for all regularly accepted orders.
6.2 However, delivery date(s) and time are given by H&B without warranty and for information only. Exceeding these time limits may therefore not give rise to damages or other holdbacks or cancellation of orders in progress.
6.3 In any case, the delivery of the products within the time limit can only take place if the Customer is up to date with their obligations with regards to H&B, that it is the cause.
- FORCE MAJEURE
7.1 H&B may not be held liable in the event of non-performance or misuse of the products or the improper performance of the contract of sale, either by the customer, either by the insurmountable and unpredictable fact of a third party in the contract, or by force majeure. H&B will also be authorized, in case of major force (as defined by the case-law of the local court and, in particular, but not exclusively concerning accidents, natural disasters, lack of manpower or raw materials, strikes, wars or political events) to suspend or terminate its commitments, to extend production or delivery times, without any compensation being due to the Customer.
7.2 H&B will keep the Customer informed, in a timely manner, of the occurrence of a case of force majeure and the potential impact of it on the realization of the production or delivery of the products.
- RISKS
8.1 The transfer of risks on the products takes place as soon as the warehouses of H&B are shipped. It follows that all products even shipped free of port, travel at the risks and perils of the Customer who must, on arrival, control the quantity of them, the quality and good condition before taking delivery and to which it belongs in the event of damage or lack of it, to make any necessary findings and to confirm its reservations by act of acceptance (specifying the details of the damage on the email receipt) and by registered letter to the carrier within 48 hours of receipt of the goods, copy being addressed to H&B.
- CLAIMS
9.1 Without prejudice to the provisions to be taken against the carrier, complaints about apparent defects or non-compliance of the product delivered to the ordered product or the packing slip must be made in writing, accompanied by the delivery slip, within 8 days of the arrival of the products. It will be up to the Customer to provide any justification as to the reality of the defects. To remedy this, it will refrain from intervening itself or from involving a third party for this purpose. For products sold in packs, the weights and measures at the outset shall be taken as proof of the quantities delivered.
- RETURNS
10.1 Any return of product must be subject to a formal agreement by H&B, and in this case, it is sent by the customer to H&B. Any product returned without this agreement would be available to the Customer and will not result in the establishment of an asset. Return costs and risks are always the responsibility of the Customer, after qualitative and quantitative verification of the returned products.
10.2 In case of apparent defect or non-compliance of the products delivered duly found by H&B under the conditions provided for in the article entitled “Complaints”, the Customer may obtain the free replacement or reimbursement of products at the option of H&B to the exclusion of any compensation or damages.
10.3 Alexandre De Paris products
If for any reason you are not satisfied with your purchase Alexandre de Paris, you may request a return or an exchange. Please note the following conditions:
- All products must be unused, unopened and in the original packaging
- Products must be returned in saleable condition within 7 days from the delivery date
- Used products are not acceptable for any exchange
- We regret to inform you that Hair and Beauty network FZE will not refund the original shipping charges, or bear the cost of returns, unless the product is faulty or incorrect
- Returned products should include the packing slip
- Any Refunds or Exchange will be processed as soon as the items are received by Hair and Beauty network FZE
- LEGAL GUARANTEES
11.1 Products are sold with a 2-year compliance guarantee against manufacturing defects.
11.2 This warranty is limited to the free replacement (shipment of the part) or repair of the product in the warehouse, or of the item recognized as defective by our services, after examination, to the exclusion of any other compensation. Any product to benefit from the warranty must first be submitted to the After-Sales Service and subject to the prior approval of H&B for any replacement of incriminated parts, to be returned free.
11.3 Defects and deterioration caused by normal use, natural wear and tear, or by external accident (improper installation, defective maintenance, abnormal use), or by a modification of the product not provided for or specified by the documentation provided by H&B
are excluded from the warranty. Likewise, the guarantee will not apply to apparent defects which the purchaser must avail himself of under the conditions of the “Claims” paragraph.
11.4 Replacements under the guarantee shall not have the effect of extending the duration of the guarantee. The presentation of the guarantee certificate (Invoice) will be strictly required when the guarantee is invoked.
- BILLING
12.1 Each delivery will correspond to an invoice. The date of confirmation of the order is the date of invoice and the starting point of the date of due in case of payment to term.
- PAYMENT
13.1 Invoices are payable with a 50 per cent deposit at the order confirmation and the balance payment is required before receiving the goods, unless expressly agreed otherwise .50 per cent deposit in not refundable even if the order is cancelled from the customer.
13.2 In the event of late payment, H&B may suspend all pending orders, without prejudice to any other course of action.
13.3 Any sum not paid by the due date shall automatically and without prior notice, give rise to the payment of late interest, unless expressly agreed otherwise. Moreover, the sale may be terminated upon simple notification of the default by H&B to the Customer and H&B may request, in particular as a reference, the return of the delivered products, without prejudice to any other damages. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or in the course of delivery and whether their payment has expired or not. In case of payment by commercial effect, the failure to return the item will be considered as a refusal even, when the payment is staggered, the non-payment of a single maturity will result in the immediate liability of the entire debt, without any formal notice.
13.4 In all the above cases, the sums that would be due for other deliveries, or for any other reason, will become immediately payable if H&B does not opt for the resolution of the orders in progress. The Customer shall reimburse all costs arising from the legal recovery of sums due, including and not limited to legal costs, lawyers’ fees and ministerial officers’ fees.
13.5 In addition, if the Customer fails to pay within 15 days of being placed on notice, a compensation of 15% of the unpaid sums, with a minimum of 450 AED excluding tax, will be due.
13.6 H&B reserves the right at any time depending on the risks involved, to set a ceiling on the overdraft of each Customer and to require certain payment periods or certain guarantees. This will be the case in particular if a change in the capacity of the debtor, in his legal or organizational structure, had an adverse effect on his credit. The Customer will therefore inform H&B without delay of any event that may affect its credit, such as a capital reduction, a change of corporate representative, a change of control or legal form. .
- RESERVATION OF OWNERSHIP CLAUSE
14.1 The transfer of the goods delivered to the Customer is subject to full payment of the principal and ancillary price or the receipt of bills of exchange or other securities issued as a representation of this price by the Customer at maturity. The Customer bears all risks that the goods may incur or cause.
14.2 In the event of the Customer’s failure to comply with one of the payment deadlines for the goods, whether it is the cause, or more generally in the event that H&B has legitimate grounds to believe that the Customer will not be able to meet the agreed deadlines, H&B, without losing any of its other rights, may require, by registered letter with acknowledgement of receipt sent to the Customer, the return of the goods at the Client’s expense and risk. H&B may unilaterally and immediately have an inventory of unpaid goods held by the Customer drawn up. In addition to the costs of claims including transport costs, the Customer shall also bear the costs of litigation services and any legal costs.
14.3 In the event of cessation of payments or non-payment of the price at maturity, the Customer shall not resell these goods. In addition, it undertakes to communicate to H&B, in these specific cases, the names and addresses of these buyers as well as the amount of the price paid by them on which H&B may exercise a resale right.
- GOVERNING LAW AND JURISDICTION
15.1 All our sales are considered to be processed at our head office which is the place of delivery and payment. Notwithstanding any stipulations to the contrary, the Dubai Courts shall have sole jurisdiction to hear disputes that may arise as to the conclusion, the interpretation or performance of these and any agreements concluded with H&B, including in the event of an appeal as collateral or the plurality of the defenders, of obiter and irrespective of the method and method of payment.
