Company Registration Details
PENNEYS Hair Group LTD,Company Number 08411432 VAT number 159017703.
STANDARD TERMS AND CONDITIONS
PENNEYS Hair Group Limited.
PLEASE READ THE FOLLOWING CAREFULLY:
THESE TERMS AND CONDITIONS REGULATE YOUR BUSINESS DEALINGS WITH PENNEYS HAIR GROUP Ltd.
ALL ACCEPTED ORDERS ARE SUBJECT TO THESE TERMS AND CONDITIONS
PENNEYS Hair Group are dedicated to providing a first class service to selected leading hairdressing salons. We specialise in supplying professional products for use and retail sales by hairdressing salons only, also we supply business education.
“Accessories” means Neal & Wolf,Affinage Salon Professional, Silky or Any other salon brands, hair care accessories and other branded accessories, including, but not limited to brushes, scissors, toys, and pumps;
“Authorised Stockist salon(s)” means the salon(s) which has agreed to be supplied by Penneys Hair Group with products and/or Accessories in accordance with these terms and conditions;
“Goods” means Accessories, materials and products;
“Materials” means (but shall not be limited to) brochures, forms, product stands, signs, symbols and written advertising, promotional and educational material;
“Products” means the Neal & Wolf and Silky products and any other professional hair care branded products PENNEYS Hair Group chooses to make available to a particular salon for purchase.
Thank you and congratulations for choosing PENNEYS Hair Group to support and supply your business.
Penneys Hair Group agrees to:
Provide initial training and a variety of other training coarses for you and your staff;
Provide you, from time to time, with display and sales promotional materials;
Supply you with a list of current recommended retail prices and keep you informed of any changes in these prices
2 You will as an Authorised Stockist Salon(s):
2.1 Always give personal advice to customers on how to get the best results from their purchases and tailor that advice to each customer’s individual needs;
2.2.1 The Top 20 products as amended from time to time; and
2.2.2 The Products and accessories professionally, keeping them clean at all times and affixing a price ticket to them;
2.3 Only sell the Products and Accessories through your salon premises. Your attention is specifically drawn to clause 8.4 below under “IMPORTANT”;
2.4 Report and refer to PENNEYS Hair Group for approval, if you identify, any suspicious activity including all purchases of 6 or more units of the same product in a single transaction;
2.5 Prior to selling the Products and Accessories via the internet, you will request our separate internet sales Quality Standards Terms and Conditions which apply to your salon internet sales;
2.6 Retain (in each salon) a minimum stock of Product and Accessories valued at over £1,000 (at recommended retail price);
2.7 Replenish (in each salon) your stock of Product and Accessories with a minimum value of £100 per month;
2.8 From time to time attend training sessions arranged by PENNEYS Hair Group in product awareness, client communication skills, creative hairdressing techniques and retail management systems;
2.9 Not use any display or sales promotional materials supplied by PENNEYS Hair Group unless you hold a stock of Products valued at over £1,000 (at recommended retail price); and
2.10 Ensure, where your salon is a ‘Salon Group’ (consists of more than 2 salons) that the majority of salons within the salon group comply with these terms and conditions.
3. You also acknowledge that PENNEYS Hair Group:
3.1 May provide your salon’s details to customers enquiring about stockists of Products and Accessories;
3.2 May at any time and at its absolute discretion, supply any other salon with Goods, including but not limited to, salons within your catchment area (the terms and conditions under which such other salons may be supplied shall be at the discretion of PENNEYS Hair Group); and
3.3 Will, in the event you order Products or Accessories, also supply you with the magazines, product information, brochures and other promotional literature unless you inform PENNEYS Hair Group in writing that you do not wish to receive the same.
4. ORDERING THE GOODS
4.1 No order shall be deemed to be accepted by PENNEYS Hair Group until it issues an invoice.
4.2 Unless otherwise agreed, you will pay for your order at the time you place it and your order will not be sent to you until we receive payment for it in full.
4.3 You will pay a delivery charge of £10.00 (net of VAT) for all orders under £130 (net of VAT)
4.4 Blueprints reserve the right to refuse any order.
4.5 The price payable by you for the goods is set out at the current Salon price list for the products. The said price list will be amended from time to time and Blueprints will keep you informed of any changes to it.
4.6 The salon price list for the Products is protected by copyright and is confidential. It may not be reproduced in whole or in part in any form or stored in any medium other than that in which it is supplied.
4.7 All bank charges incurred by Blueprints as a result of any cheque issued by you failing to clear shall be passed on to you for your account.
5. DELIVERY OF THE GOODS
5.1 PENNEYS Hair Group will only deliver to your physical salon address (es).
5.2 PENNEYS Hair Group will use its reasonable endeavours to deliver your order within five working days of receiving it. Please note that this delivery date is an estimate and not a guarantee. PENNEYS Hair Group will not be liable for non-delivery of your order unless you directly inform its Head of Logistics or Legal Department of such non-delivery within five (5) working days of the order being placed.
5.3 Risk in the goods passes to you upon delivery.
5.4 Ownership in the Goods shall not pass to you until you have discharged all monies due to PENNEYS Hair Group in respect of all orders.
5.5 Until such time as ownership in the goods has passed to you:
5.5.1 You shall at your sole expense hold the Goods as agent for PENNEYS Hair Group and keep the goods separate and identified as PENNEYS Hair Group property.
5.5.2 You shall at your sole expense properly store, protect and fully insure the goods.
5.5.3 PENNEYS Hair Group is entitled to repossess such of the Goods as remain unsold and may enter the premises in which they are stored to repossess the Goods up to the value of the debt owed by you to PENNEYS Hair Group at the date of such entry.
5.6 Subject to clause 5.5 above, you are entitled to resell or use the Goods prior to ownership in them passing to you, but you shall account in full to PENNEYS Hair Group for all proceeds of sale thereby realised.
5.7 Upon arrival of the goods at your salon, you shall thereafter have 24 hours within which to inspect your order before accepting it. If you wish to reject the Goods in part or in whole you must (unless and to the extent of the Goods delivered are not readily identifiable as faulty or damaged) notify PENNEYS Hair Group accordingly within the said 24 hour period. Where problems with the goods are only identifiable upon use, you must notify PENNEYS Hair Group thereof immediately upon such problems becoming known to you or your staff. If you fail to notify PENNEYS Hair Group in accordance with this clause 5.7, your acceptance of the entire delivery shall be deemed unconditional and irrevocable. Shortage not reported at the time of accepting delivery of the Goods shall be borne entirely by you. Please ensure that you check your order against the Goods received.
5.8 PENNEYS Hair Group shall not be liable for any loss, damage, delay or non-performance arising directly or indirectly as a result of events outside the reasonable control of PENNEYS Hair Group (including but not limited to shortages of labour, storm, flood, machinery breakdown or war). In such circumstances, PENNEYS Hair Group shall be entitled to cancel any order without thereby incurring any liability to you whatsoever.
6.1 Any arrangement or understanding (written in verbal) to supply you with the Goods may be terminated in the following circumstances:
6.1.1 If any fundamental obligation set out in this agreement is breached by one party, the other party may terminate this agreement immediately and without notice to the other party.
6.1.2 Either party may terminate this agreement for any reason whatsoever by giving thirty (30) days prior written notice to the other. Termination will take effect at the end of the said thirty (30) day period.
6.2 PENNEYS Hair Group may terminate this agreement immediately and without notice if:
6.2.1 You make any arrangements with your creditors or a bankruptcy petition is filed against you; or
6.2.2 A receiving order is made against you; or
6.2.3 (If you are a company) an order is made or a resolution passed for the winding-up of the company or the company has a receiver appointed over the whole or any part of its assets.
6.3 If this agreement is terminated as set out above in clause 6.1 or 6.2:
6.3.1 You will immediately pay all monies due to PENNEYS Hair Group.
6.3.2 All orders placed with PENNEYS Hair Group will become due and payable in full as at the date of termination.
6.3.3 Within thirty (30) days of such termination, you will surrender and deliver to PENNEYS Hair Group without charge all materials supplied to you on behalf of PENNEYS Hair Group (whether or not PENNEYS Hair Group has received payment for such materials).
6.4 On termination of this agreement, PENNEYS Hair Group may repurchase, at its own discretion, such of the Goods as it considers “resalable” or “re-usable”. PENNEYS Hair Group will repurchase such Goods at the price paid for them by you, less a restocking fee of between 20 per cent and 50 per cent (“Restocking Fee”). The Restocking Fee charged will vary according to the condition of the Goods returned and in each case shall be determined by PENNEYS Hair Group at its sole discretion.
7.1 Nothing in these terms and conditions shall limit or exclude PENNEYS Hair Group liability for death or persona injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable): fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; or defective products under the consumer Protection Act 1987.
7.2 Subject to clause 7.1 above:
7.2.1 PENNEYS Hair Group shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and Conditions; and
7.2.2 PENNEYS Hair Group total liability to you in respect of all other losses arising under or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the sum paid by you for the relevant order.
8.1 These terms and Conditions replace in their entirety all previous PENNEYS Hair Group Terms and Conditions, All such previous Terms and Conditions are hereby rendered null and void, unless and to the extent that they form the subject matter of any current or pending legal proceedings.
8.2 The laws of England and Wales shall apply to these Terms and Conditions and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
8.3 If any dispute arises out of this agreement the parties shall attempts to settle it through mediation in accordance with the Model Mediation Procedure of the Centre for Dispute Resolution (CEDR). To initiate the said mediation a party must give written notice to the other party requesting mediation in accordance with this clause.
8.4 You acknowledge that PENNEYS Hair Group specialises in the supply of Products or Accessories and business education, for use and retail sale by Authorised Stockists Salons only. Sale of Products or Accessories other than for the use and retail sale by Authorised Stockist Salons amounts to diversion ( for example sale to retail outlets, including but not limited to, chemists, supermarkets or wholesalers amounts to diversion) and that diversion seriously damages the reputation of the brands of the Products supplied to you and interferes with PENNEYS Hair Group business and the business relationship between other Authorised Stockist Salons and its clients. You agree that in addition to exercising our rights under clause 8.1 above PENNEYS Hair Group is entitled to:
8.4.1 Inspect and/or audit all books and records (in whatever form they are kept, whether written, electronic or other) relating to this agreement, including those kept by its employees, agents and its advisers. You will make available the above mentioned books and records to PENNEYS Hair Group within 5 business days of written notice from PENNEYS Hair Group for the last two twelve month periods completed and the current agreement year; and
8.4.2 An immediate injunction to prevent such diversions and to damages, as well as the reasonable legal fees and other costs PENNEYS Hair Group thereby incurs.
8.5 A waiver of any breach of default of any term and condition of this agreement by either party shall not be construed as an intention by that party to waive that or any other terms or conditions herein in future. No delay or omission on the part of either party to exercise or avail itself of any right, power or privilege it may have under this agreement shall operate as a waiver to current or future breaches by either party of any term or condition herein.
8.6 PENNEYS Hair Group may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions. You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions without the prior written consent of PENNEYS Hair Group.
8.7 Except as set out in these Terms and Conditions, any variation, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by PENNEYS Hair Group.
8.8 No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
8.9 If any provision of this agreement is found by any court or other administrative body of competent jurisdiction to be invalid or otherwise unenforceable, those provisions unaffected by the said invalidity or unenforceability shall remain in full force and effect.
THE ABOVE TERMS AND CONDITIONS ARE UP TO DATE AND IN FORCE. THEY APPLY TO ALL ORDERS MADE WITH PENNEYS HAIR GROUP WHETHER SUCH ORDERS ARE PLACED BY ORDER FORM, TELEPHONE OR BY OTHER MEANS.
Again thank you for choosing PENNEYS Hair Group.