Licenced stockists of Cosmetic Bioglitter® and the original pioneering brand, with the largest range, best prices and free shipping.

Full Terms & Conditions


GLITTERLUTION
FULL TERMS & CONDITIONS
1. SHIPPING & RETURNS POLICY
a. Consumer (B2C) Policy
i. Consumer Shipping Policy
ii. Consumer Returns & Refunds Policy
b. Commercial (B2B) Policy
i. B2B Shipping Policy
ii. B2B Returns & Refunds Policy
2. SALE OF GOODS TERMS & CONDITIONS
3. ORDER PROCESS GUIDELINES
4. WEBSITE TERMS OF SERVICE
1. SHIPPING & RETURNS POLICY
CONSUMER (B2C) SHIPPING POLICY
The following are the terms and conditions that constitute our Shipping Policy for consumer (B2C) orders. For B2B orders, in which you are purchasing as a business, please see our B2C Shipping Policy below.
If you purchase as a business or within the password-protected wholesale or professional sections of our website, or you make a purchase direct from us via email, text or phone, and you are invoiced for the goods, you are deemed to be purchasing as a business, whether or not this is actually the case, and the B2B shipping policy will apply.
Shipment processing time
All orders placed before 1:45pm are processed on the same business day. Orders placed 1:45pm – 6pm may be processed on the same business day, and all orders placed after 6pm are processed the next business day. Orders are not processed, shipped or delivered on weekends or holidays.
If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
Shipping rates & delivery estimates
All orders are delivered for free within the UK and for a small fee for the rest of the world. Shipping charges for your order will be calculated and displayed at checkout.
Delivery delays can occasionally occur.
Shipment confirmation & Order tracking
Orders under £10 are not sent tracked. On request, you will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s) where applicable. The tracking number will be active within 24 hours. We do not provide tracking and shipment confirmations as standard, only on request.
Customs, Duties and Taxes
Neither Alex Chappel nor Glitterlution are responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Damages
Neither Alex Chappel nor Glitterlution are liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.
Please save all packaging materials and damaged goods before filing a claim
CONSUMER (B2C) RETURNS POLICY
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Our policy lasts 60 days. If 60 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Hazardous materials, flammable liquids or gases are exempt from being returned.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted: (if applicable) * Any item not in its original condition, is damaged or missing parts for reasons not due to our error. * Any item that is returned more than 60 days after delivery
Refunds (if applicable) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed excluding the original delivery charge, and a credit will automatically be applied to your credit card or original method of payment, within 5 working days.
Late or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at glitter@glitterlution.com.
Sale items (if applicable) Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable) We only replace items if they are defective or damaged. If you need to exchange it for the
same item, send us an email at glitter@glitterlution.com and send your item to the address you are given in reply.
Shipping To return your product, you should email glitter@glitterlution.com and request the most up to date address to send your product to:.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. The item is your responsibility until it reaches us. We don’t guarantee that we will receive your returned item.
BUSINESS (B2B) SHIPPING POLICY
The following are the terms and conditions that constitute our Shipping Policy for BUSINESS (B2B) orders. For B2C orders, in which you are purchasing as a consumer, please see our B2C Shipping Policy.
If you purchase as a business or within the password-protected wholesale or professional sections of our website, or you make a purchase direct from us via email, text or phone, and you are invoiced for the goods, you are deemed to be purchasing as a business, whether or not this is actually the case, and this B2B shipping policy will apply.
Shipment processing time
STOCK LEVELS
Every effort is made to ensure the correct reporting of stock levels for wholesale products, however the stock levels may not be accurate and we accept no liability for inaccurate stock levels being reported. If you need to be sure about stock levels, you must get written confirmation from us via email before your purchase.
STOCK ITEMS
All orders for items in stock placed before 1:45pm are processed on the same business day. Orders placed 1:45pm – 6pm may be processed on the same business day, and all orders placed after 6pm are processed the next business day. Orders are not processed, shipped or delivered on weekends or holidays.
NON-STOCK ITEMS
Items out of stock, whether reported or not, are processed within the timeframe indicated on the product description. Where no timeframe is indicated, the timeframe of 20 working days from payment to despatch will apply. We make no guarantee that your order will be available within the agreed timeframe, however we will endeavour to inform you as soon as possible if any item looks impossible or unlikely and you will have the opportunity to raise a credit note or swap for another item if this is the case.
HIGH VOLUME PERIODS
If we are experiencing a high volume of orders, shipments may be delayed by a few extra days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
Shipping rates & delivery estimates
All orders are delivered within the UK for £10 plus VAT and for the estimated shipping rate for the rest of the world. Where you are ordering online, shipping charges for your order will be calculated and displayed at checkout.
Delivery delays can occasionally occur.
Shipment confirmation & Order tracking
On request, you will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s) where applicable. The tracking number will be active within 24 hours. We do not provide tracking and shipment confirmations as standard, only on request.
Customs, Duties and Taxes
Neither Alex Chappel nor Glitterlution are responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Damages
Neither Alex Chappel nor Glitterlution are liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.
Please save all packaging materials and damaged goods before filing a claim
BUSINESS (B2B) RETURNS POLICY
We can offer an exchange or credit note on receipt of certain returned items, at our discretion. On rare occasions we can offer a refund, where it is shown that we are at fault as per our Terms & Conditions of sale and Terms of Service.
Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you an exchange or credit note. We don’t offer refunds on B2B items unless we are at fault as per our terms & conditions of sale and terms of service.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Hazardous materials, flammable liquids or gases are exempt from being returned.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted: (if applicable) * Any item not in its original condition, is damaged or missing parts for reasons not due to our error. * Any item that is returned more than 14 days after delivery
Refunds (if applicable) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed excluding the original delivery charge, and a credit will automatically be applied to your credit card or original method of payment, within 60 working days.
Late or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at glitter@glitterlution.com.
Exchanges (if applicable) We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at glitter@glitterlution.com and send your item to the address you are given in reply.
Shipping To return your product, you should email glitter@glitterlution.com and request the most up to date address to send your product to:
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. The item is your responsibility until it reaches us. We don’t guarantee that we will receive your returned item.
2. SALE OF GOODS TERMS AND CONDITIONS
The Customer's attention is drawn in particular to the provisions of clause 9 and the Guidelines referred to in clauses 3.4 – 3.5.
1. Interpretation
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.6.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods incorporating the Proposal, these Conditions and the Guidelines.
Customer: the person or firm to whom the Supplier wishes to provide the Goods and which wishes to purchase the Goods from the Supplier as detailed in the Proposal.
Delivery Location: has the meaning given in clause 4.2.
Force Majeure Event: has the meaning given in clause 10.
Goods: the goods (or any part of them) set out in the Order, having been referred to initially within the Proposal.
Guidelines: information relating to the Goods as set out on and accessible via the Websites.
Loss: actions, charges, claims, costs, damages, demands, expenses, fees, fines, liabilities, losses, penalties and proceedings.
Order: the Customer's written purchase order for the Goods (in whatever form this may be and which shall for the avoidance of doubt include email), raised in response to the Proposal and in accordance with clause 2 below.
Order Period: has the meaning given in clause 2.2.
Promotional Materials: the Supplier's catalogues, brochures, Websites or such other applicable sales or promotional literature, materials or publications.
Proposal: the Supplier’s written quotation or proposal to provide the Goods to the Customer incorporating these Conditions.
Sales Confirmation: the written acceptance of the Order issued by the Supplier.
Specification: any specification for the Goods, including any related plans, images and other drawings, that is referred to in connection with the product code relating to the Goods in question.
Supplier: Alex Chappel t/as Glitterlution, Alex Chappel, Glitterlution and any holding company or subsidiary company (as defined in section 1159 of the Companies Act 2006) from time to time including, but not limited to those designated on the Proposal or such other company as may be designated on the Proposal. The Supplier’s address for the purposes of these Conditions is 54 Fitzgerald House, London E14 0HH.
Warranty Period: has the meaning given in clause 5.2.
Websites: the Supplier’s websites and online sales channels including www.glitterlution.com and such
other websites operated by it from time to time.
1.2 Construction. In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re- enacted and includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes emails.
2. Formation and Basis of Contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Proposal shall remain valid for a period of 20 Business Days from the date specified on it (Order Period) and if the Customer accepts the position set out in the Proposal then it shall be required to raise an Order within the Order Period.
2.3 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions and shall not incorporate any other terms and conditions beyond those set out in the Contract. The Customer is responsible for ensuring that the terms of the Proposal and the Order and any applicable Specification submitted by the Customer are complete and accurate.
2.4 The Supplier may reject the Order at its absolute discretion and for any reason whatsoever and the Order shall only be deemed to be accepted at the earlier of when the Supplier delivers the Goods or issues a Sales Confirmation, at which point the Contract shall come into existence.
2.5 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier including, for the avoidance of doubt, the information included in the Supplier’s catalogues, which is not set out in the Contract.
2.6 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions, colours or illustrations contained in the Promotional Materials are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
3. Goods
3.1 The Goods are described in the Promotional Materials as modified or supplemented by any applicable Specification.
3.2 The Customer shall indemnify the Supplier against all Losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause 3.2 shall
survive termination of the Contract.
3.3 The Supplier reserves the right to amend the specification of the Goods and, where applicable, the Specification if required by any applicable statutory or regulatory requirements from time to time in force or to improve the Goods where to do so would not have a material adverse effect on the Customer.
3.4 The Customer agrees and acknowledges that it has read and understood the Guidelines in full and that it shall at all times operate within the rules and procedures set out therein.
3.5 Where the Guidelines are applicable and the Customer fails to act in accordance with the Guidelines, commits any act or omission which the Supplier reasonably deems likely to result in a breach of the Guidelines or which could have an adverse effect on the goodwill, reputation and standing of the Goods or their composition:
(a) the Supplier may terminate or suspend this Contract with immediate effect;
(b) the Customer’s right to resell the Goods shall immediately cease;
(c) the Customer shall indemnify, keep indemnified and hold harmless the Supplier for and against any and Losses (including any direct, indirect or consequential losses, loss of profit, loss of goodwill and reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Supplier.
4. Delivery
4.1 The Supplier shall ensure that:
(a) delivery of the Goods is accompanied on request by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if the Supplier requires the Customer to return any packaging materials to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense.
4.2 The Supplier (or, where appropriate, the instructed carrier) shall deliver the Goods to the location set out in the Proposal or such other location as the parties may agree (Delivery Location).
4.3 Unless otherwise agreed, delivery of the Goods shall be on the basis of EXW (Supplier’s address as first set out above) (Ex Works - Incoterms 2010).
4.4 Any dates quoted for delivery are approximate only and the Supplier is under no obligation to provide an estimated delivery time. If a quoted date for delivery is not provided, delivery will be made within a reasonable time.
4.5 The time of delivery is not of the essence.
4.6 The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event suffered by it or an instructed carrier (save where it is reasonably practicable to instruct another carrier) or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.7 If the Customer fails to take delivery of the Goods within seven Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused
by a Force Majeure Event:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the fourth Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
(b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
4.8 If 10 Business Days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods.
4.9 The Customer shall not be entitled to reject the Goods if the Supplier delivers up to and including 5% more or less than the quantity of Goods ordered. The quantity of the Goods shall be as determined by the Supplier upon despatch from the Supplier’s or a nominated carrier’s premises unless reasonable contrary proof is provided by the Customer.
4.10 The Supplier may deliver the Goods by instalments, which may be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
5. Quality, Inspection and Acceptance
5.1 The Customer shall be required to inspect the Goods immediately upon receipt. In the event that:
(a) there are any damages or defects in the Goods; or
(b) an incorrect quantity of the Goods has been received; or
(c) anything other than the Goods are received, the Customer shall be required to notify the Supplier within 10 Business Days of receipt. Where no such notification is made by the Customer to the Supplier in accordance with this clause, the Goods shall be deemed to have been accepted in all respects by the Customer.
5.2 Without prejudice to clause 5.1, the Supplier warrants that on delivery, and for a period of:
(a) 3 months from the date of delivery where the Goods are not glitter products; or
(b) 12 months from the date of delivery where the Goods are glitter products; or
(c) where the nature of the Goods means that they naturally have a shelf life of less than those detailed in sub- clauses (a) and (b) above (as the case may be), such period as may be specified in the Supplier’s data sheet which will be delivered with the Goods; or
(d) or such other period as may be specified in the Promotional Materials, (Warranty Period), the Goods shall:
(e) conform in all material respects with their description and any applicable Specification;
(f) be free from material defects in design, material and workmanship;
(g) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(h) be fit for any purpose held out by the Supplier.
5.3 Subject to clause 5.4, if:
(a) the Customer gives notice in writing to the Supplier during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost (such reasonable return costs to be refunded to the Customer if the Goods are found to not comply with the warranty set out in clause 5.2), the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full in addition to any reasonable return costs in accordance with clause 5.3.3.
5.4 The Supplier shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 5.3;
(b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same or the Guidelines (where applicable);
(c) the defect arises as a result of the Supplier following any drawing, design or Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of the Supplier;
(e) the Customer mixes other substances or goods with such Goods other than in accordance with the Guidelines (where applicable) or industry accepted standards and/or procedures;
(f) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(g) the Goods differ from their description and any Specification provided as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
5.5 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
5.7 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
6. Title and Risk
6.1 Title to the Goods shall not pass to the Customer until the earlier of:
(a) the Supplier receiving payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; or
(b) the Customer reselling the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 6.3 and the proceeds of sale shall be immediately accounted to the Supplier and otherwise held in a fiduciary capacity on trust for the Supplier to the extent of any liability for unpaid sums.
6.2 Until title to the Goods has passed to the Customer, the Customer shall:
(a) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full
price from the date of delivery;
(d) notify the Supplier immediately if it becomes subject to any of the events listed in clause 8.2; and
(e) give the Supplier such information relating to the Goods as the Supplier may require from time to time.
6.3 Subject to clause 6.4, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
(a) it does so as principal and not as the Supplier’s agent; and
(b) title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
6.4 If before title to the Goods passes to the Customer the Customer breaches the Guidelines (where applicable) or becomes subject to any of the events listed in clause 8.2, then, without limiting any other right or remedy the Supplier may have:
(a) the Customer's right to resell the Goods or use them in the ordinary course of its business ceases immediately; and
(b) the Supplier may at any time:
(i) require the Customer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and
(ii) if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
7. Price and Payment
7.1 The price of the Goods shall be the price set out in the Proposal, or, if no price is quoted, the price set out in the Supplier's published price list in force as at the date of delivery or, if earlier in accordance with this clause 7, when payment becomes due.
7.2 The Supplier may, by giving notice to the Customer at any time up to 5 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
7.3 Unless otherwise agreed between the parties, the price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
7.4 The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
7.5 The Customer shall pay for the first three Orders made by the Customer to the Supplier in full within 10 Business Days of written acknowledgement of each Order to the bank account nominated in writing by the Supplier. If payment is not received within 10 Business Days of written acknowledgement for any such Order then delivery of the Goods will not be made and the Supplier reserves the right to
terminate the Order in accordance with the provisions of the Contract.
7.6 The Customer may apply for a credit account in writing following the completion of and payment in full for three Orders from the Customer to the Supplier in accordance with the Contract. Such application will then be determined in the Supplier’s absolute discretion taking into account, amongst other things, the Customer’s credit application and the results of a credit search against the Customer. The Customer acknowledges and agrees that it has no recourse against the Supplier if the Supplier refuses to provide credit.
7.7 Where credit is made available, the Customer will be notified in writing of such credit arrangement and the terms and conditions under which such credit is provided, which includes the provisions at clauses 7.8 to 7.11 below. Credit may be withdrawn at any time in the Supplier’s absolute discretion and the Customer acknowledges and agrees that it has no remedy against the Supplier in relation to any withdrawal of credit.
7.8 The Supplier may invoice the Customer for the Goods at any time after the order is placed and before the order is delivered.
7.9 The Customer shall pay the invoice in full and in cleared funds within 10 days of the date of the invoice. Payment shall be made to the bank account nominated in writing by the Supplier. Time of payment is of the essence.
7.10 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 8% per annum above the Co-operative Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
7.11 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
8. Termination and Suspension
8.1 If the Customer breaches the Guidelines (where applicable) or becomes subject to any of the events listed in clause 8.2, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer.
8.2 For the purposes of clause 8.1, the relevant events are:
(a) the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
(b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(c) the Customer takes any step or action in connection with the Customer being made
bankrupt, entering any composition or arrangement with his creditors, having a receiver appointed to any of his assets, or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
(e) the Customer's financial position deteriorates to such an extent that in the Supplier's opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
(f) (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
8.3 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 8.2(a) to clause 8.2(f), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
8.4 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest.
8.5 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
8.6 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
9. Limitation of Liability
9.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
9.2 Subject to clause 9.1:
(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
(i) loss of profit;
(ii) loss of goodwill;
(iii) loss of business;
(iv) loss of business opportunity;
(v) loss of anticipated saving;
(vi) loss or corruption of data or information; or
(vii) any indirect or consequential Loss,
that arises under or in connection with the Contract; and
(b) the Supplier's total liability to the Customer in respect of all other Losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total net price of the Goods paid by the Customer to the Supplier under the Contract.
10. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
11. General
11.1 Assignment and other dealings.
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
11.2 Notices.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
11.3 Severance.
(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(b) If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
11.4 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
11.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
11.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
11.7 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
11.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
3. ORDER PROCESS GUIDELINES
These guidelines make up part of the Terms & Conditions of Sale and are intended to guide you through the order process.
CONSUMER ORDERS
All orders made online through publicly accessible channels such as, but not limited to, our website, eBay listings and Etsy listings are consumer orders. Consumer orders are processed same or next day. They are delivered free and first class in the UK, and with an appropriate charge for the rest of the world.
All other orders, made direct to us via email, phone or text, or in a password-protected area of any website, are business orders and subject to our b2b terms and conditions.
BUSINESS ORDERS – THE ORDER PROCESS
STANDARD LEAD TIME
The “standard lead time” means 20 working days from payment to despatch, where day 1 is the first full working day after the day of payment in GMT, and day 20 is the last full working day before despatch in GMT. This lead time is a guide, not a guarantee. Where it looks like it cannot be achieved, every effort will be made to email you before the 20 working day period to notify you of this and invite you to wait, swap or cancel to raise a credit note. If you are not emailed please get in touch on or after the 20 working day period to express your preferences of how to proceed.
ORDERING FROM THE WEBSITE
Professional and wholesale products are subject to variable lead times depending on a number of factors.
By default, where written confirmation of a certain lead time has not been sought nor indication given, the standard lead time will apply.
For online orders, an indication of lead time will be given in the product description. This lead time is not guaranteed to be accurate, and if you need to be sure you should email us at glitter@glitterlution.com and ask for written confirmation.
If you order online and the published lead time has been inaccurate, and you did not seek written confirmation, you will be emailed within 24 hours of your purchase to tell you about any delay and offered the opportunity to wait, swap or cancel to raise a credit note. Cash refunds are not given.
ORDERING DIRECT
You have an opportunity before you order to check stock, however we cannot guarantee up-to-date stock levels because they fluctuate rapidly. Please email us your list and we will endeavour to reply within 3 working days. We recommend not checking stock before ordering, but instead being flexible on what items you need instead. It is a much quicker way of doing things. Order and pay first, and then swap out anything that you can’t wait for. We recommend if you really need to order things that are in stock, to order via the website, as this is the quickest way to get an idea of lead times for different products.
ORDERING DIRECT OR THROUGH THE WEBSITE
Once your order has been accepted and paid for, the first thig we will do is check stock so that we have a full picture of what can be sent immediately and what will be delayed. We will inform you of this as soon as we can. You now have the option to choose for your order to be partially despatched (which will incur extra shipping fees) or you would prefer to wait until the whole order is in stock.
We may decide to partially ship your order anyway, at our expense. If we decide to do it, we will pay for it. If you instruct us to do it, you’ll have to pay for it.
Within the timeframe agreed in writing, we will endeavour to inform you before the end of the timeframe if any unexpected delays or stock-outs are inevitable or likely. If we fail to email you please email us when it is close or on the deadline date and ask for an update.
Within the order timeframe, you are obliged to accept the items you ordered as soon as they come in stock.
After the order timeframe is up, you are no longer obliged to accept stock that was on your original order. You can cancel the whole order for a credit note and start again, or you can swap anything on your order for anything equivalently priced.
4. WEBSITE TERMS OF SERVICE
OVERVIEW Our website is operated by Alex Chappel t/as Glitterlution Biodegradable Glitter. Throughout the site, the terms “we”, “us” and “our” refer to Alex Chappel t/as Glitterlution Biodegradable Glitter. Alex Chappel t/as Glitterlution Biodegradable Glitter offers Our website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Alex Chappel t/as Glitterlution Biodegradable Glitter, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Alex Chappel t/as Glitterlution Biodegradable Glitter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 15 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 16 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 17 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 25 Eccleston Place, London, WSM, SW1W 9NF, United Kingdom. SECTION 19 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at glitter@glitterlution.com.