Terms & Conditions

1. Interpretation

1.1 The definitions and rules of interpretation in this condition apply in these conditions:

• Buyer: The person, firm, or company who purchases the Goods from the Company.
• Company: Beauty Training Intl. Ltd. (BTi), Trading as Essential Nails.
• Contract: The contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating the information set out on the Order Form and these conditions.
• Delivery Point: The place where delivery of the Goods is to take place under condition 4.
• Goods: Any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
• Order Form: The Buyer’s order for Goods placed on the Website that incorporates these conditions.
• Working Days: Any working day other than a weekend, bank, or public holiday.

Website: www.essentialnails.com
Email: info@beautytrainer.co.uk

1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3 Words in the singular include the plural and in the plural include the singular.

1.4 A reference to one gender includes a reference to the other gender.

1.5 Condition headings do not affect the interpretation of these conditions.

2. Application of Terms

2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company that is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.3 Each order or acceptance of a quotation for Goods by the Buyer from the Company (including but not limited to the completion of an Order Form) shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

2.4 No order placed by the Buyer shall be deemed to be accepted by the Company until the Company delivers the Goods to the Buyer.

2.5 The Buyer shall ensure that the information completed on the Order Form and any other terms of its order and any applicable specification are complete and accurate.

2.6 Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

3. Description

3.1 The quantity and description of the Goods shall be as set out in the Order Form.

3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

4. Delivery

4.1 The Company shall not despatch any Goods until the full price of the Goods has been received in cleared funds unless the initial payment is received through Zoho Billing.

4.2 The Goods shall be delivered to the Buyer’s address as is stated on the Order Form or to such other place of delivery as is agreed by the Company in writing prior to delivery of the Goods.

4.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

4.4 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days.

4.5 If for any reason the Buyer fails to accept delivery of any of the Goods or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions:

• (a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);
• (b) the Goods shall be deemed to have been delivered; and
• (c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

4.6 Customs charges and import charges: If you are buying from abroad, you may be charged for importing the goods into your country. These charges vary and are set by the Customs and Excise department of your own Government. The Company cannot be held responsible for these charges should they be applied to your order. Responsibility for knowing what these charges are and subsequently paying them are the responsibility of the person importing the goods, i.e., you, the purchaser.

5. Non-delivery

5.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.

5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

6. Returns Policy & Money Back Guarantee

6.1 Returns Policy: You may return unwanted goods for an unconditional and full refund within 14 days*. Please bear in mind that the goods are not supplied on a trial basis and it is your responsibility to check their suitability for purpose prior to ordering. If you wish to return goods you must contact us in writing or in another durable medium such as e-mail within 14 days after the day of the delivery of your order so we can process the return.

6.2 Return Methods:

• By Courier: There are consumer parcel services online that make returning items straightforward.
• By Post: You can take the parcel with our return address to your local post office.

*You must return the item(s) within 7 working days of requesting a return, in a new and unused condition in the original packaging. Where a product has a security seal, a refund or exchange will not be given if the seal is broken.

6.4 Return of Certificated Courses: In the case of Certificated Courses (where we have to check all products and tuition materials are perfect and un-used prior to re-packing and re-sale) we will fully refund any payments made if the Course is returned within 14 days in perfect condition, saleable at full retail price. If it is not in a perfect saleable condition, then we will refund any payment made less charges for any used or missing items plus a handling, inspection and repacking fee of £60.00. Courses cannot be returned after 30 days unless being returned under the ‘Money Back Scheme’ as defined below.

6.5 Money Back Guarantee: We are so confident about the effectiveness of our courses, that we’ll give you your money back if you’re not producing great nails on completion of the syllabus.

To qualify, you must have watched all the instruction online or on DVD and carried out the practice tasks as prescribed. You must have completed the prescribed number of practice nails and or treatments on live models and have submitted the nails and / or photographic evidence for assessment along with your completed question papers.

If your submitted work was assessed to be not of the required standard, you must have repeated the work with the improvements as suggested by your student coach and re-submitted your work for a repeat assessment.

If you have bought a multi-course package or career package the above conditions apply to all the courses as if they were one course.

The definition of ‘great nails’ is that standard of work that has been defined by Essential Nails as the 60% Pass Mark which has been used as a benchmark for all students since 2006. The Guarantee applies to all customers who have enrolled in an Essential Nails Diploma Course after the 1st January 2014. The Guarantee has an absolute time limit of 12 months following the date of purchase, claims made after that time will be disallowed. To make a claim under this Guarantee, please make it in writing to Beauty Training Intl. Ltd, Manor Road, Haverhill, CB9 0EP.

Remember, we want you to succeed, and you will if you follow the instructions and put in the work as advised. Do not hesitate to contact us for student support if you have any questions or problems. Email: support@beautytrainer.co.uk

6.6 Costs of returning the goods: If you wish to return items then you will be responsible for the cost of returning them to us. Items must be packed correctly and returned in the original packaging. You must take reasonable care to ensure that the items are not damaged before they are returned or while in transit.

7. Risk / Title

7.1 The Goods are at the risk of the Buyer from the time of delivery.

7.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of: (a) the Goods; and (b) all other sums which are or which become due to the Company from the Buyer on any account.

7.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall hold the Goods on a fiduciary basis, store them safely and identifiable as the Company's property, and maintain adequate insurance.

8. Price

8.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be calculated from the prices and quantities set out on the Order Form.

8.2 The price for the Goods stated on the Order Form shall be exclusive of any value added tax and any administration charges (if applicable).

8.3 Any costs or charges incurred by the Company in relation to packaging, carriage, and insurance may be passed on to the Buyer.

9. Payment & Monthly Instalment Terms

9.1 Payment of the price for the Goods is due in either Pounds Sterling, Euros, or US Dollars as set out on the Order Form.

9.2 Time for payment shall be of the essence. No payment shall be deemed received until cleared funds are received.

9.6 Invoices are due on the 30th day of the month following invoice date. Late payments accrue interest at 4% above Barclays Bank base rate. Outstanding invoices or defaulted monthly payments referred to debt collection will incur a 20% + VAT collection surcharge plus legal fees.

9.7 Instalments (Zoho Billing): Customers agreeing to card instalment plans enter a binding contract. If a payment is declined, the Company reserves the right to retry the charge and request alternate arrangements. Unpaid instalments incur a £20 late administration fee every 30 days.

10. Outstanding Payment Plans for Courses

10.1 Beauty Training Intl. Ltd will provide ongoing support, assessment, and certification provided the course has been paid for in full.

10.2 The Company reserves the right to collect outstanding course payment plan amounts as a condition of providing ongoing student support.

11. Quality & Warranty

11.1 The Company warrants that upon delivery and for a 12-month period, Goods shall be of satisfactory quality within the Sale of Goods Act 1979 and fit for purpose.

11.2 Notice of defects must be given in writing within 7 days of discovery, giving the Company opportunity for inspection.

12. Limitation of Liability

The total liability of the Company in contract, tort, or otherwise shall be limited to the Contract price. Nothing excludes liability for death, personal injury caused by negligence, or fraudulent misrepresentation.

13. Governing Law

The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

17. Trade Orders and Supply

All trade orders must be fulfilled in the agreed or reasonable time frame. Late fulfillment entitles the Company to charge damages for costs incurred (reordering stock, freight, interest, legal fees) and/or cancel the agreement.