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Conditions of Sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.airbasemakeup.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
You will be asked to click on the button marked "I Accept" at the end of sale terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 We operate the website www.airbasemakeup.com. We are John Lloyd Naake trading as Caplin Naake Associates. Our main trading address is 72a Windsor Street, Beeston, Nottingham, NG9 2BW. Our VAT number is GB 875 3338 96.
2. Service availability
2.1 We do not accept orders from individuals resident in countries serviced by our distributors.
3. Your status
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
5.2 To cancel a Contract, you must inform us in writing within 14 days of receipt of the product. You must also return the products. to us as soon as reasonably practicable, and at your own cost and always within 14 days of your notice that you are returning the product. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 For reasons of hygiene, you will not have the right to cancel a Contract for the supply of make–up products where seals have been broken or any product used.
5.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
6. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk and title
7.1 The Products will be your responsibility from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and payment
8.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Product prices include VAT unless otherwise stated. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
8.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
8.6 Payment for all Products must be by credit or debit card.
9. Training course and bookings
These Conditions set out our obligations to you and your commitments to us when you book Trainings with us and these together with the information contained in the Booking Confirmation form the basis of our contract with you.
All prices quoted in our promotional literature and on our website include VAT where applicable unless stated otherwise and are correct at the time of publication. We reserve the right to increase the price of any product without notice.
In order to maintain the highest standard of customer service and to help with the ongoing training of staff we listen to and occasionally record telephone calls.
These Terms and Conditions apply only to training places purchased directly from Airbase Make-Up (including www.airbasemakeup.com) and not from those purchased through any of our partners who have their own Terms and Conditions.
9.1Delegates must be over the age of 16 on the date the training takes place. We welcome the participation of disabled people in our experiences. We are committed to ensuring that disabled customers are given every opportunity to participate, so we ask that you tell us about any relevant disability at the time of ordering. This enables us to do our best to meet the participant’s particular needs. We will be happy to provide information about the disabled facilities available at specific venues on request.
9.2 Flexible bookings are: Cancellable and refundable in full up to 48 hours before the course takes place. To cancel your booking you must email events@airbasemakeup.com quoting your order number or invoice number. All refunds will be processed as per our refund policy.
Transferable to another individual up to 24 hours before the course takes place. There will be no charge for transferring. To transfer your booking to another individual you must email events@airbasemakeup.com quoting your order number or invoice number and the name and address and email address of the individual taking your place. This person must be over 16 years of age and adhere to all terms of booking as agreed by you and as set out in our terms and conditions
Transferable to another published date up to 24 hours before the course takes place. There will be no charge for transferring. To transfer your booking to another date, you must email events@airbasemakeup.com quoting your order number or invoice number and preferred new date. If the event your preferred course date is fully booked, you must choose another date and / or venue. Transfers are only valid for the same Training Course taking place on a different date and / or different venue and you must attend a course within 6 months of your initial booking date. Failure to attend a course within 6 months of your initial booking date will result in the training booking no longer being valid and no refund will be given.
9.3 Non-Flexible bookings are: Only valid for the date and venue booked and non-transferable. No refunds are given on these bookings for any reason. In the event that you are unable to attend your booked training course, the training place will no longer being valid and no refund will be given. The booking is only valid for the individual initially booked onto the course and is non-transferable
To mitigate for booking errors, changes of date and / or venue are allowed without charge up to 24 hours after date of order. Changes must be emailed to events@airbasemakeup.com quoting your order number or invoice number and preferred new date. If the event your preferred course date is fully booked, you must choose another date and / or venue. No refunds are given.
9.4 Redeemable bookings entitle you to a refund of the training fee you paid for the Introductory Airbrush Make-Up Course when you purchase a Professional Kit or Professional Package that has training included within the price, as published on airbasemakeup.com.
The redeemable element is the ex VAT price of the training. (For clarity, a redeemable training place purchased for £100+VAT will have £100 deducted off the ex VAT price of the Professional Package).
Only Redeemable Introductory Training Course bookings are redeemable off the price of Professional Packages. The redeemable offer is not valid on Masterclasses, Private Trainings or College bookings.
The Redeemable booking offer excludes all College Kits, all Student Kits and any Professional Kit or Package that does not include training.
The Redeemable offer is available until 23.59 hours on the day of your training. After this time, the price you paid for your training can no longer be redeemed against a Professional Kit or Professional Package and the full published price will be charged.
The training cannot be redeemed online. It must be redeemed with your trainer on the day of your training or by getting in touch and speaking to a member of the Airbase Customer Service Team.
9.5 To book your training place, please go to www.airbasemakeup.com and follow the Training Course links. Once your booking has been processed you will then receive a booking confirmation or clear verbal instructions on any steps you must follow. The booking is not valid until you receive your booking confirmation. Flexible bookings can be made over the telephone. Non-Flexible bookings are not available over the phone and must be booked online.
9.6 Refunds can be made on Flexible bookings up to 48 hours prior to the course starting. To cancel, follow the steps as described in the terms and conditions of Flexible bookings. All refunds are processed within 14 days of the cancellation.
Refunds are always made to the person who purchased the training, and if originally purchased by credit or debit card, the refund will be credited to the same card. Bookings paid for by cash or cheque will be refunded by bank transfer.
9.7 Cancellations of Published Courses. Sometimes Airbase Make-Up may need to cancel the training at short notice for reasons beyond our control, such as adverse weather conditions, illness or mechanical breakdowns. Where cancellations caused by Force Majeure take place, we will always try to contact you to inform you of this on the email and phone contacts you will supply at booking. We regret that in the event of cancellation, Airbase Make-Up is unable to reimburse travel, accommodation or any other expenses you may incur in relation to the cancelled experience.
In the event of cancellation you will be entitled to a refund to the value of your course booking or rebooked on your preferred course date. You must notify us by telephone or by email events@airbasemakeup.com within 7 days of the cancellation of your preferred replacement date and venue. If you do not contact us within 7 days you will be booked onto the next available course at your initial chosen venue and no refund will be given.
In the event of rebooking, you must attend a course within 6 months of your initial booking date. Failure to attend a course within 6 months of your initial booking date will result in the training booking no longer being valid and no refund will be given.
Where a course forms part of a package, such as a Professional Package and Training, you will be entitled to a refund to the value of the course. (For clarity, an example. Professional Package and Training £495+VAT; Professional Package without Training £465+VAT, refund will be £30+VAT).
9.8 The information provided by Airbase Make-Up about each training, is correct at the time of print. However, the content, format or location may change slightly during the year. Current details are normally available on our website.
9.9 The images used to illustrate trainings, particularly those that take place at more than one location, are used as an indication only. The settings at each venue do vary.
9.10 Venues. We are always adding to the locations we offer, but occasionally we may need to withdraw venues featured here for reasons beyond our control. If your preferred location is withdrawn, you will be offered alternative venues wherever possible, but please note this is likely to be at a different location.
9.11 Training lengths are approximate, vary from course to course due to numbers attending and are given simply as an indication of the time you will spend at the venue. Unless stated otherwise, you will be in a group with other people and there may be waiting time involved. We give itineraries as a guide only and the running order of a training may change.
9.12 Last minute bookings. We sometimes have late availability for training courses, and bookings for these can generally be made right up until the day before the training date. For these bookings, we will provide essential details over the phone, as we cannot guarantee that these details will arrive by email in time for your training. Trainings bought under these conditions cannot be refunded or exchanged. Dates for a training bought under these conditions, once booked, cannot be changed.
9.13 Where lunch and refreshments are provided, please ensure you notify us of any dietary requirements at least 7 days before the training course takes place. In the event you fail to notify us of dietary requirements, we may be unable to provide you with substitutions for the food and drinks available on the day.
9.14 Complaints. We welcome your feedback on all of our products and training. If you have a problem or complaint on the day, please bring it to the attention of your trainer at the venue as soon as possible, so that they have a chance to put matters right. If your problem is not resolved on the day, please contact us, including your name, order number or invoice number and venue details, and we will be happy to take the matter up. In general, we consider it unreasonable if you take no action during an event, but then make a complaint at a later date.
9.15 Force Majeure. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. Additionally we cannot accept liability or pay any compensation where you/any delegate(s) suffer any damage, injury, expense or loss of any description as a result of Force Majeure.
9.16 Behaviour. We or any person in authority can terminate your Trainings if your behaviour or that of any delegate(s) is likely in the reasonable opinion of ourselves or any person in authority to cause distress, damage, danger or annoyance to other customers, other delegates, employees, property or anyone else or if any delegate(s) is or appears to be unfit to participate in the Trainings. In this situation the delegate(s) concerned will not be able to complete the Trainings and we will not be liable for any refund, compensation or any expenses or costs you/the delegate(s) concerned have to pay or incur. We cannot accept liability for the behaviour of others in your accommodation or any persons taking part in any event or activity associated and/or in the same environment which forms part of your Trainings or if any facilities or services are removed as a result of their action.
You understand and agree that when you book through us, you accept responsibility for the proper conduct of yourself and all delegates during the Trainings. We, the venue provider and any other supplier reserves the right within our/their reasonable opinion to terminate the Trainings in question of any delegate(s) due to misconduct. Full payment for any damage or loss (reasonably estimated if not precisely known) caused by you or any delegate booked onto a course by you must be made direct to the venue owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded.
You will also be responsible for meeting any claims subsequently made against us or any of our suppliers and all costs incurred by us / the supplier (including our own, the supplier’s and the other party’s full legal costs) as a result of your actions or the actions of a delegate booked onto the training course by you.
You agree to ensure that all delegates comply with all event timetables. Failure to keep to the timetables may result in either discontinuation of the course or cancellation of the course. We will not be liable for any refund, compensation or any costs that may be incurred by you/any delegate(s) as a result.
You agree to ensure that all delegate(s) act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the trainings booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by our suppliers and observe and obey all laws, requests, conditions of use of any supplier.
9.17 Health. If any delegates have an existing medical condition, allergies or disability which may affect the Trainings you must let us know the details of such condition before you make your booking. If in our reasonable opinion we believe that your chosen Trainings are not suitable for the delegate(s) concerned taking into account the delegate(s) medical condition or disability or the delegate(s) are not being accompanied by someone who could provide all the assistance the delegate(s) may reasonably require where it is reasonable for us to require this we can refuse to accept the booking. If we find out after you have made the booking that a delegate(s) has an existing medical problem or disability and is not being accompanied by someone who could provide all the assistance the delegate(s) may reasonably require as referred to above and you have failed to give us this information at the time of booking, we reserve the right to cancel the booking without refund. Please note that some of the Trainings we feature can carry some small risks and by booking these Trainings you confirm and agree that you and all delegate(s) accept the inherent risks.
10. Our refunds policy
10.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we received the item back into our warehouse. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us;
(b) for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Warranty
We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. Our liability
12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 12.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort, negligence or otherwise and howsoever arising) which are a foreseeable consequence of such failure.
12.2 Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 12.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.2.
12.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. Import duty
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Notices
All notices given by you to us, unless otherwise specified must be given to Caplin Naake Associates at info@airbasemakeup.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligation
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government;
(g) acts and/or omissions of third parties; and
(h) pandemic or epidemic.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. Waiver
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19. Severability
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our right to vary these conditions
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.