Faulty, Damaged or Incorrect Goods
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at info@bubeautybrand.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement. Your available remedies will be as follows:
Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar days right to reject the Goods and to receive a full refund if they do not conform as stated above.
If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement of the Goods. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
If, after a replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not cancel or return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer you have a legal right to a 14 calendar day cooling-off period within which you can cancel and return Goods for this reason. Please refer to Clause 12 for more details.
To return Goods to Us for any reason under this Clause 11, please contact Us at info@bubeautybrand.com to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
Any and all refunds issued under this Clause 11 will include all delivery costs for the affected Goods.
Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Cancelling and Returning Goods if You Change Your Mind
If you are a consumer, you have a legal right to a “cooling-off” period of 14 days within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
Email: at info@bubeautybrand.com; or
Post: 64a Cumberland Street Edinburgh EH3 6RE.
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
If the Goods are sealed and unsealing them means they cannot be resold. For avoidance of doubt this refers to all of Our Goods.
Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at 64a Cumberland Street Edinburgh EH3 6RE. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
The day on which We receive the Goods back; or
The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
Refunds under this Clause 12 may be subject to deductions in the following circumstances:
Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
Refunds under this Clause 12 will be made using the same payment method that you used when ordering the.
Your Other Rights to End the Contract
You may end the Contract at any time if We have informed you of a forthcoming change to the Goods that you do not agree to, as described in sub-Clause 7.5.
If We have suspended delivery of the Goods for more than 7 calendar days, or We have informed you that We are going to suspend delivery for more than 7 calendar days, you may end the Contract, as described in sub-Clause 10.7.
You also have a legal right to end the Contract at any time if We are in breach of it. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
You will be refunded in full for any Goods paid for that you have not yet received or will not receive due to your cancellation. Refunds under this Clause 13 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when ordering the Goods.
If you wish to exercise your right to cancel under this Clause 13, you may do so in any way you wish by contacting Us directly to cancel, please use the following details:
Email: info@bubeautybrand.com;
Post: 64a Cumberland Street Edinburgh EH3 6RE;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
If the event outside of Our control continues for more than 60 Calendar Days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
If an event outside of Our control occurs and continues for more than 30 Calendar Days, and you wish to cancel the Contract as a result, you may do so in any way you wish, by contacting Us via Counter Culture.
Post: 64a Cumberland Street Edinburgh EH3 6RE;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.