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Professional Hair & Beauty Supplies

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ASTON & FINCHER LTD
TERMS AND CONDITIONS


1. INTERPRETATION

"The Seller" means Aston & Fincher Ltd or Aston and Fincher Ltd trading as EVO Haircare or Aston & Fincher Ltd trading as Prestige Collection.

"The Buyer" means the person, firm or company who places an order, or to whom any quotation is given, or with whom any contract is made.

“The Goods" means any products or any part thereof agreed to be sold or which appear on the current price list.

“The Price” means the standard price of the Seller at date of despatch and is subject to alteration as may be necessary or the amount stipulated in a quotation or on an invoice. Unless otherwise stated prices are exclusive of VAT and delivery costs. VAT will be charged at the rate in force at the Invoice Date.

“Contract” means the contract for the sale and purchase of the Goods;
"Terms" means the terms and conditions of sale set out in this document and any Special Condition agreed in writing by the Seller.

“Salon” means business premises where hair care services such as hair cutting and hair colouring are performed and which derive a substantial percentage of its revenue from the provision of such services.

2 BASIS OF SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Buyer’s order (if accepted by the Seller), subject to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such order is made or purported to be made by the Buyer.
2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.4 The Buyer shall advertise or sell the Goods only to genuine retail customers for their own personal or family use. The Buyer acknowledges that resale of Goods to anyone other than genuine retail customers for personal or family use amounts to diversion and that diversion seriously damages the reputation of the Goods and interferes with the business relationships between the Seller and the Buyer, between the Seller and other Salons, and between other distributors of the Goods and other buyers of the Goods. The Buyer agrees that in the case of diversion the Seller is entitled, in addition to the Seller’s other remedies, to an immediate injunction to prevent such diversion. The Buyer may not advertise or sell the Goods to any other Salon or any business or commercial organisation including any retail or wholesale outlet, pharmacy/chemist, convenience goods store or otherwise. The Buyer may not advertise or sell the Goods by auction, telephone, post, mail order catalogue, any media channel or outlet, fax, email or other electronic means of communication or on any third party website including but not limited to eBay and Amazon. The Buyer may not advertise or sell the Goods from any location other than the Salon and in particular may not advertise or sell the Goods from any location which is temporary in nature.
2.5 The Buyer will not remove, obliterate or tamper with any batch or tracking code, serial number or other codes applied to the Goods and the Buyer will not agree or conspire with others to do so.
2.6 The Seller is not the manufacturer of the Goods and, where applicable, shall pass on to the Buyer, to the extent possible, the benefit of the manufacturer's guarantee in respect of the Goods. Glass items are specifically excluded from such guarantees.

3. GENERAL
Registering as a customer, placing an order for goods, or accepting a delivery you confirm your agreement to these Terms. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Our products are designed and intended only for the use of the Salon Professional Hairdresser  and Salon Professional Beauty Therapist and their genuine clients and are not intended for any other use or resale. Nothing in these terms  shall affect the statutory rights of any consumer. 
3.1 The Seller operates a ‘sell to trade' only policy. Goods are sold only on the understanding that they are to be used for the purpose intended by a qualified person. The Seller will accept no responsibility if the goods are incorrectly used and consequently cause any kind of harm or damage. The Seller reserves the right to refuse a customer if they are not considered to be a professional salon business.

4. WARNING AND ACKNOWLEDGEMENT
Goods supplied by The Seller are intended for professional use only. By ordering any such product you acknowledge this warning and confirm and warrant that you and any other person who may use the product have the necessary training and experience to use/store the product safely.

5. DELIVERY
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. Unless otherwise agreed, the Seller may deliver by instalments and in such case each instalment shall be treated as a separate Contract.

FREE DELIVERY
Applies to UK Mainland (excluding Rural Scotland) orders placed online totalling £50 +VAT or more. Orders over this amount that include furniture or equipment will be subject to a surcharge of between £5 & £50 +VAT due to the increased cost to deliver large and/or bulky items. 

6. CANCELLATION / ALTERATION OF ORDERS
Cancellation or alteration of an order cannot be accepted after the goods have been despatched. There may be a cancellation charge or restocking charge for some goods such as special orders, furniture etc. Such charges will be applied at the Seller’s discretion.

7. RETURNS
Goods are not supplied on a sale or return basis. In the event that Goods, supplied by the Seller, are proven to be faulty the Seller will exchange, substitute or refund the returned/rejected item as it deems appropriate.  Returns of none faulty goods may be agreed by the Seller at it’s absolute discretion.  For health and safety/hygiene reasons some items such as clippers, trimmers, razors, tweezers, disposable items, nail implements and scissors will not be accepted as returns if they have been used, unless they are deemed to be faulty.  Faulty goods must be notified in writing to the Seller within 7 days of delivery. If no written notice is received by the Seller within 7 days of actual delivery, the Goods shall be deemed to have been accepted by the Buyer as being in good order and condition and in conformity with any sample or description and within the Contract. No claims will be accepted thereafter. If it should be agreed by the Seller in relation to any claim that the Buyer was entitled to reject the Goods then any damage recovered by the Buyer shall be limited to the purchase price under the Contract. The Seller reserves the right to deliver Goods in substitution for any Goods so rejected.

8. CHANGES/CORRECTIONS
We make every effort to ensure that information and prices provided to the buyer are correct, but we reserve the right to change product specifications, prices, errors and omissions without prior notification. We take great care to ensure the accuracy of sizes, prices, images and specifications given. Whilst such details are given as a guide and in good faith, they are subject to alteration without notice. All offers are subject to stock availability and we reserve the right to restrict or refuse any order at any time.

9. TITLE
The Seller retains title to the Goods until all amounts due from the Buyer are paid. Risk shall pass to the buyer with possession of the goods. Goods in respect of which property has remained with The Seller, shall be kept identifiable as those of The Seller, and the buyer shall at its own expense immediately return such goods to The Seller. The Seller may, for the purpose of recovery or re-sale of any unused or unsold Goods enter upon any premises of the Buyer by it's servants or agents where the Goods are stored or where they are reasonably thought to be stored and re-possess the Goods. Provided that this power shall be without prejudice to any other remedies of the Seller and shall only operate (a) if any amounts due under the Contract are unpaid in whole or in part, or (b) upon the commencement of any act or proceeding in which the Buyer's solvency is involved.

10. PAYMENT
Payment for the Goods is due upon delivery or collection unless otherwise agreed in writing by the Seller.  Where the Seller exercises his rights under 9. to recover and re-sell Goods, the Seller may recover and re-sell any Goods previously supplied by The Seller whether or not they are the Goods to which the overdue payment relates. 
10.1 The Seller reserves the right interest at 8% above the Bank of England base rate on all amounts outstanding beyond the due date.

11. INTELLECTUAL PROPERTY
No licence is granted to you in these Terms  to use any trade mark of Aston & Fincher Ltd or its affiliated companies including, without limitation, the trade marks ASTON & FINCHER, astonandfincher.co.uk, EVO, EVO Haircare, Prestige Collection, Hara Professional, Hara Kojin, Hara Beauty or Hara.

12. INTERNATIONAL USE
The Seller makes no promise that the goods are suitable or available for use in locations outside the United Kingdom.

13. MISCELLANEOUS
You may not assign, sub-license or otherwise transfer any of your rights under these Terms . If any provision of these Terms  is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms , which shall remain in full force and effect. If you breach these Terms  and the Seller ignores this, the Seller will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms .The Seller shall not be responsible for any breach of these Terms  caused by circumstances beyond its control. A person who is not a party to these Terms  shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms  but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. No variation or waiver of these Conditions or of the Contract shall be binding upon the Seller unless the same has been agreed in writing by a duly authorised officer of the Seller. The headings in these Terms are for convenience only and shall not affect their interpretation.

14. LEGALITY
These Terms  shall be governed by and construed in accordance with English law and the parties submit to the non­exclusive jurisdiction of the English Courts .These conditions supersede any other conditions issued. In the event, that any or any part of these Terms  shall be determined invalid, unlawful, or unenforceable to any extent such term, condition, or provision shall be severed from the remaining Terms  that shall continue to be valid and enforceable to the fullest extent permitted by law. A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.  

15. LIMITATIONS OF LIABILITY
Subject to the provisions of these Terms , the following provision set out the more entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of any breach of these Terms  and any representation, statement or tortuous act or omission including negligence arising under or in connection with a Contract.
15.1 Nothing in these Terms  excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
15.2 Subject to Condition 15.1 the Seller shall not be liable to the Buyer for any indirect or consequential, special or punitive loss, damage, costs or expenses, loss of profit, loss of business, loss of revenue or depletion of goodwill.
15.3 Subject to Condition 15.1, the Seller's total liability to the Buyer under or connected with a Contract for:­
(a) any loss or damage which arises directly out of the Seller's negligence shall not exceed £100 for any one event or series of connected events and
(b) any other direct loss not covered by Condition 15.3 (a) shall not exceed the price payable for the Goods.           

ACADEMY COURSES TERMS & CONDITIONS

  1.  To secure a place on a course at Aston & Fincher you are required to pay in full at the time of booking. Aston & Fincher cannot reserve places without receiving full payment.
  2. Card payments must be made by the card holder.
  3. Cancellations within 7 working days of the course commencement date will not be eligible for refunds.
  4. Cancellations up to 7 working days before the course commencement date will receive a 50% refund of the total amount paid.
  5. Failure to attend a course will result in Aston & Fincher retaining the total amount paid.
  6. Should Aston & Fincher have to cancel or reschedule a course due to insufficient numbers and the alternative date is not suitable, Aston & Fincher will refund the full amount. 
  7. Aston & Fincher reserve the right to decline applications. 
  8. All course descriptions and prices are correct at time of application,details may be changed without prior notice. 
  9. Aston & Fincher provide facilities for independent educators to run various hair and beauty seminars. The company/individuals that provide training are responsible for the quality and content of the education; Aston & Fincher do not accept any liability for deficiencies in the guidance, advice or technical representations offered by the training provider
  10. Training providers must ensure that they have insurance cover appropriate to the nature of the education provided 

FURNITURE PRICE MATCH

  1. Price match guarantee on Takara Belmont, REM and Pahi products only.
  2. Price match on identical items and specifications
  3. Must provide valid quotation, to include date and contact details of company quoting.
  4. Competitive quote must be dated within 14 days of enquiry to A&F.
  5. Delivery charges may apply. 
  6. Not to be used in conjunction with any other offer.

VAT FREE TERMS & CONDITIONS

VAT FREE EXPLAINED: During a VAT free sale we will make sure the price you pay is the shelf price before VAT is added. We have to show and charge VAT to comply with the law, VAT will be paid out of the amount you pay us. This means that we are still able to give you a VAT invoice so that you can claim it back if you are registered.

VAT Free available in store only, pay on the day in store only. Excludes evo, Moroccanoil, Olaplex, Color Wow and Sienna X. Not in conjunction with any other offer, including multibuys, furniture promotions or retrospective discount.

FURNITURE TERMS AND CONDITIONS

Definitions

The Customer: The individual or business carrying out commercial, trade or professional activities who purchase directly, or through a third party, the products sold by Aston & Fincher.

Aston & Fincher: Aston & Fincher Ltd, Registered offices,2 Pavilion Drive, Holford,Birmingham. B6 7BB.

Order Confirmation: Written or emailed order form sent to the customer/client.

Supplier Confirmation: This is the confirmation Aston & Fincher receive from the manufacturers.

Price: The Price shown on order confirmation.

Product(s): Items shown on the Order Confirmation.

Contract: The contract signed between Aston & Fincher and the customer/client governed by these general sales and warranty conditions.

Made to Order: Relates to any product that is not generally held in-stock at Aston & Fincher Head Office.

 

Prices

All Prices exclude VAT and are subject to the applicable VAT rate at that time. Prices are correct at time of print, but may be subject to change.

 

Placing an Order

Orders are accepted via email, fax, in person and by phone.

Before an order is placed it is the responsibility of the customer to ensure that all quantities, colour specifications and options are recorded correctly. Any discrepancies must be reported within 72 hours to Aston & Fincher by the customer. After this time the contents of the order are binding. Once an order form is signed and dated this becomes the Contract and will be governed by these general sales and warranty conditions

 

Payment Terms - Outright Purchase

We require a 35% deposit (order value inc. VAT) at the time the order is placed.

The balance of the order value is to be settled 7 days before the items are due to be delivered. If the balance is not settled, we reserve the right to delay or cancel delivery without additional notice, even if an initial delivery date had originally been agreed. Aston & Fincher will not be held liable for late delivery or any associated costs resulting from late payment.

 

Payment Terms - Lease Finance

If the furniture is to be leased we require a 10% deposit (order value inc. VAT) when the order is placed.  This deposit will be returned to the customer once the furniture has been delivered, the lease documents signed for and the funds are released by the lending company. Orders will not be processed until the deposit payment has cleared. This could be up to 7 working days if deposit is paid by cheque. The lead-time of 6-8 weeks only takes effect once the deposit payment has been cleared

 

 

Errors and Omissions

Aston & Fincher reserve the right to cancel an order if it is deemed to be incorrectly priced or to have incorrect specification due to mistake or printing error.  In the event of such a discrepancy we will offer the customer the option to cancel the order or continue with the purchase under a corrected order.

 

Changes to Price or Specification

In the event that manufacturer prices, specifications or availability change prior to delivery Aston & Fincher reserve the right to cancel the order, or agree a change to the order, with the customer before proceeding. The Product/s are sold subject to descriptions, but the manufacturers reserve the right to change or alter specifications & colours without prior notice.

 

Delivery Dates

Once the order has been placed it takes at least 5 working days for Aston & Fincher to receive a Supplier Confirmation from the manufacturers. This will have an approx date of dispatch from the manufacturer. At this stage Aston & Fincher will contact you the client to give an ‘estimated’ delivery date. Rapid Delivery is subject to the items being in stock. Where items are in transit from the supplier, delivery could be up to 6 weeks.

 

Aston & Fincher will not be held liable for late deliveries caused by circumstances beyond their reasonable control, and will benefit from an extension to delivery times.  Example of circumstances which might lead to delayed delivery might include industrial action, problems in supply chain, Customs Authority, transport or production delays. Once the goods have cleared the Customs Authority and are received in the UKthen Aston & Fincher may be able to confirm the planned delivery date.

 

Abortive Costs

Once the Product/s are in the UK and the delivery dates have been confirmed with the client, Aston & Fincher reserve the right to charge £500 plus VAT if the site is non-accessible to make delivery or the delivery is called off at short notice.

 

Deliveries to non salon address

If the customer requests the Product/s to be delivered to a non salon address (not the final installation location), for example; home, storage unit or garage. Aston & Fincher will not be held responsible for any damage caused during either the period that the goods are in storage or during the subsequent transportation of the goods to the final installation address. Once the items have been delivered to the arranged address and the delivery note signed by the customer then all risks and responsibilities are passed to the customer.  This would include the insurance risk. Any damages must be reported in writing within 7 days of the initial delivery.

 

Recycling

Aston & Fincher where possible will remove all packaging (if requested in advance) and recycle. For items that are delivered directly by the manufacturer, please, where possible, recycle the waste. For more information please visit www.recyclenow.com

 

Cancellations & Returns for Products held in stock.

You may only cancel orders for Product/s which Aston & Fincher hold in stock; which for the avoidance of doubt shall not include any products which are Made to Order. If an order is cancelled within 72 hours of the time the order was placed then the deposit will be returned to the customer.  Any cancellations must be notified in writing. If you wish to cancel an order following delivery then Aston & Fincher may, at its discretion, cancel the Contract and return payment.  If such a cancellation is agreed by Aston & Fincher then it is the customer’s responsibility to return the goods and ensure that that they are returned in an ‘as new’ condition.  Items must be received by Aston & Fincher within 7 working days of original delivery date where they will assess for damages etc. If products are deemed to be damaged we reserve the right to make a deduction for loss in value of any Products. We reserve the right to charge a handling fee in respect of all cancellations.

 

Cancellations & Returns for Made to Order Products

All Product/s which are not held in stock at Aston & Fincher Head Office are deemed to be Made to Order. Any cancellations must be made in writing within 72 hours and before Aston & Fincher receives the Order Confirmation from the manufacturer. Orders that are not cancelled within this 72 hour period are subject to loss of initial deposit. 10% for leased products and 35% for purchased products.

 

If you cancel the order prior to goods being delivered we will not invoice you for the products. If you cancel an order for items that have been dispatched and or delivered it is you the client who is responsible for ensuring the products are in good condition and responsible for the return to Aston & Fincher (at your cost).

 

Items must be received by Aston & Fincher within 7 working days of original delivery date where they will be assessed for damages etc. If products are deemed to be damaged we reserve the right to make a further deduction for loss in value of any Product/s. There would also be an additional 15% penalty for re-boxing of the items so they are saleable.

 

We also reserve the right to charge a handling fee in respect of all cancellations.

 

Liability

Aston & Fincher are under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse, incorrect installation and or alteration carried out by the customer or a third party.

 

Warranty Conditions

Aston & Fincher furniture is guaranteed against mechanical, electrical and production faults under normal working conditions for one year from the delivery date. Aston & Fincher will repair or replace at our discretion, any defective product within 12 months of delivery. Within the 12 month period Parts and Labour are covered unless specified.

 

Hydraulic pump, Gas lift and Swivel bases

Warranties cover production faults, component failures or faulty finishes.  They do not cover accidental damage or use beyond normal working conditions.

Gamma, MG Bross, AGV, Pahi & Takumi have one year warranties.

For warranties on Takara Belmont & REM furniture, please refer to manufacturer’s specific documentation.

 

Upholstery & Stitching

The warranty does not cover damage which is not derived from original production faults and/or the poor quality of the materials used. Unless specifically stated otherwise, no upholstery or laminates used in Aston & Fincher supplied furniture is to be considered resistant to tint, peroxide or other chemicals. Knocks, tears, rips, cuts scratches and stains caused by external factors such as hair dye, hair sprays, denim and cleaning products are not covered under manufacturer’s warranties.

 

Plumbing Disclaimer

Aston & Fincher will not be liable for any damage to equipment and/or flooring/walling caused from water damage, or consequential losses caused by plumbing installation performed by third parties. Aston & Fincher will not be liable for damages caused due to non maintenance, for example leaks caused by blockages in pipes or lime scale build up.

 

Basins

The warranty does not cover damage which is not derived from original production faults and/or the poor quality of the materials used. Unless specifically stated otherwise, no basin used on Aston & Fincher supplied furniture is to be considered resistant to tint, peroxide or other chemicals. Knocks, cracks, scratches and stains caused by external factors such as hair dye, hair sprays, and cleaning products are not covered under manufacturer’s warranties.

 

Hose and Hand Showers

The warranty does not cover damage which is not derived from original production faults and/or the poor quality of the materials used. Faulty items notified within the warranty period will be replaced (supply only). Fitting of these component parts must be carried out by a qualified plumber and at the client’s cost.

 

Gamma, MG Bross, AGV, Pahi & Takumi have one year warranties.

For warranties on Takara Belmont & REM furniture, please refer to manufacturer’s specific documentation

 

Glass and Mirrors

The warranty does not cover damage which is not derived from original production faults and/or poor quality of materials used, but which are rather the consequence of events, accidental damage to the product including, but not limited to; knocks, dents, scratches, stains caused by external factors. Please note that no shelves fitted to ANY Aston & Fincher supplied furniture are meant to be sat on, leant on or have heavy objects placed upon them. Damage caused to mirrors and glass caused by excessive weight applied would invalidate the customer warranty.

 

LED’s and Light Bulbs

These parts are deemed as consumables and are not covered by general warranty conditions.

Any discrepancy in colours (on Product/s purchased at the same time) must be reported with 7 working days of delivery. Failure to do so will invalidate the customer warranty for these components.

 

Electrical Equipment – Dryers and Processors

All Aston & Fincher Products must be built and fitted by an appropriate qualified professional. We are happy to discuss any queries prior to supply and fitting. All units must be fitted to areas that are structurally capable of bearing the loads applied. All instructions for Product installation must be followed. Wall mounted arms for electrical items must be fixed securely to walls and checked regularly. Any defects with furniture must be reported in writing within 7 days of delivery to the Aston & Fincher store where the goods were originally ordered.

 

Gamma, MG Bross, AGV and Pahi have one year warranties.

For warranties on Takara Belmont & REM furniture, please refer to manufacturer’s specific documentation

 

Massaging Washpoints

All Aston & Fincher Products must be built and fitted by an appropriate qualified professional. We are happy to discuss any queries prior to supply and fitting. All units must be fitted to areas that are structurally capable of bearing the loads applied. All instructions for Product installation must be followed. The warranty does not cover damage which is not derived from original production faults and/or poor quality of materials used, but which are rather the consequence of events, accidental damage to the product including, but not limited to; knocks, dents, scratches, stains caused by external factors. Internal components are covered within the 12 month manufacturer’s warranty.