Please read all these terms and conditions which relate to the use of The Brand Book Platform by Beauty Bulb ltd.
Application
These Terms and Conditions will apply to the purchase of the Services by you (the Customer or you). We are Beauty Bulb Ltd a company registered in England and Wales under number 11315042 whose registered office is at 109 Knowles Hill, Rolleston On Dove, Staffordshire, DE13 9DZ with email address faye@beautybulb.co.uk; (the Supplier or us or we).
These are the terms on which we sell all Services to you. When creating your brand listing on the Platform, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services from the Supplier if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website and in the Suppliers communications and materials;
Platform means The Brand Book digital platform which is accessed by retail buyers via www.thebrandbook.co
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website, email, telephone and any other form of communication
Services means the services advertised on the Website, on social media and in the Suppliers communications and materials;
Website means our website www.thebrandbook.co on which the Services are advertised.
Services
The description of the Services as set out on the Website, in email, in catalogues, in brochures or other form of advertisement.
In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear in our materials are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to information as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal and brand information
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail, telephone or other electronic communication methods and you expressly agree to this.
You accept that we may contact you regularly throughout the duration of the 12 month Contract in relation to the Services
You accept that we may introduce you to retail buyers via email in relation to the Services
You agree to receiving advice and support from our business network on a regular basis via email
You accept that we may contact you to share relevant business information and contacts from time to time
The customer agrees to allow the Supplier to display its brand and business information on the Platform for the duration of the Contract
Basis of Sale
The description of the Services on our website and in our materials does not constitute a contractual offer to sell the Services. When an Order has been submitted to the Supplier, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process will be set out via email. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order and that your brand page is live on the Platform (Order Confirmation will be when we tell you that your brand listing is live) . You must ensure that your brand listing information is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the listing created by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you.
Fees and Payment
The fees for the Services, and any additional agreed work or any other charges are those set out on the Website, in our marketing materials and or via email at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily or hourly rate basis.
Fees and charges exclude VAT at the rate applicable at the time of the Order. VAT will be added to all invoices where applicable.
Payments must be made by BACS transfer directly into the Supplier’s bank account. Payment must be made immediately upon receipt of the invoice. The Supplier will, where necessary, include a 5 day waiting period to ensure clearance of payment ahead of the commencement of the services.
By entering into this Contract you acknowledge that by paying your total upfront fee, this means that the Services will last the entire year. During this time, you will not be able to leave the contract unless there have been circumstances where the Supplier has not been able to supply the Services.
All fees are to be paid in full and upfront before the Services commence.
Cancellation
We acknowledge that the law states that we must offer a 14 day cancellation period in which we are encouraged to not provide our services to allow for said cancellation period. However, we will allow the Services to commence as soon as payment is received and you will still be able to cancel during the 14 day period. The cancellation period will commence on the day that payment is received.
Delivery
We will deliver the Services to within the agreed period of 1 year from the Contract start date.
In any case, regardless of events beyond our control, if we do not deliver the Services to you as proposed, you can require us to carry out a repeat performance of the Services. The repeat performance of the Services would be carried out within a reasonable time frame and without insignificant inconvenience to you or without incurring an extra charge.
The Supplier makes no guarantees in relation to the success of the Services
The Supplier makes no guarantee with regard to the volume of introductions to retail buyers. The Supplier has stipulated in a separate contract to those retail buyers using the platform that they are required to respond to all email introductions between them and our Customers.
The supplier is unable to make any guarantees in relation to retail buyers wishing to continue with communications following their response to the email introduction.
The Supplier does not share the contact details of the retail buyers without prior consent from the retail buyers
The Customer is not able to contact retail buyers directly via the Platform
Each time the Customer is introduced to the retailer buyer via email, the responsibility in relation to communication and progress immediately falls to the Customer.
The Supplier is not liable for any discussions or decisions that take place after the Services (introduction via email) are complete.
Risk and Title
Risk of loss will pass to you when the Services are complete.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made and before the fee is paid, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Once the fee is paid and once the contract is made, no cancellation can be made, save as to clause 37.
Conformity
We will supply the Services with reasonable skill and care.
In relation to the Services, anything we say or write to you about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
The Contract continues for one year.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
a) is subject to any step towards its bankruptcy or liquidation.
b) On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Our Services are in place for one year. After the completion of this year of the Services, you will have the option to end the Services or renew the Services.
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
The Supplier, may from time to time, expand or reduce its business and this may involve the sale and/or the transfer of control of all or part of the Platform and/or business. Data provided by Customers and users will, where it is relevant to any part of our business, be transferred along with that part and the new Supplier of the Services and/or owner of the Platform or newly controlling party will, under the terms of this contract and our privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel within 14 days).
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
‘GDPR’ means the UK General Data Protection Regulation.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: faye@beautybulb.co.uk.
Excluding liability
The Supplier shall have no liability to the Customer for:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of use or corruption of software, data or information;
loss of or damage to goodwill;
indirect or consequential loss;
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days.
