Buying from our printed catalogue, website or by phone
These Terms and Conditions tell you information about us and the legal terms and conditions (Terms) on which we sell any of the Tracie Giles IndelibeLinerTM Range or Tracie Giles approved Products (Products) listed in our catalogue (our Catalogue) to you. Our catalogue comprises of our catalogue (digital or print), our price list (our Price List) and an order form (our Order Form), (together our Catalogue).
These Terms will apply to any contract between us for the sale and supply of products to you (Contract).
Please read these Terms carefully and make sure that you understand them fully before you place your order. If you have any queries or do not fully understand any of the below outlined Terms and Conditions that you agree to when purchasing a Product with us, please contact us before placing your order.
Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
- About Us
1.1 Throughout these Terms & Conditions “We”, “Us”, “Our” and “Seller” are all references to the provider of the Services; namely ‘Tracie Giles Limited’ trading as Tracie Giles Bespoke Permanent Make Up’, ‘IndelibeLinerTM’;
We are Tracie Giles Limited, a company registered in England and Wales under company number 07611344 and with our registered office at 57 Hatfield Road, Potters Bar, EN6 1HS. Our main trading address is 24 Beauchamp Place, London SW3 1NH. Our VAT number is GB126826603
1.2 To contact us: please email firstname.lastname@example.org or telephone us on +44 (0)20 7584 1005.
1.3 Throughout these Terms & Conditions “You”, “Your” or the “Buyer” are references to the Client contracting with Us under these Terms & Conditions.
- Our Products
2.1 All of our Products sold via our Catalogue or online Website have been designed to comply with all relevant UK and EU legislation. We cannot warrant or represent that they all comply with any legal requirements outside of the UK and Europe.
2.2 Upon placing a Product order with us the Buyer agrees to be fully complaint with all laws and best practice guidance on the use and application of pigment products and micropigmentation accessories and devices. The Buyer agrees to satisfy himself/herself that the pigment products are safe for application to the human skin, carrying out appropriate tests on all individuals before using pigment products and routine batch tests. By placing an order with Us the Buyer agrees to indemnify the Seller and hold the Seller harmless from all claims, losses, demands and liabilities arising out of any breach by the Buyer to the obligations set out in these Terms and Conditions.
2.3 The images of the Tracie Giles IndelbeLinerTM Products or other approved Tracie Giles Products in our Catalogue are for illustrative purposes only. We make every effort to display all of our Products accurately however the Product colour of actual goods may vary slightly from the images portrayed on your screen. From time to time we may make adjustments, amend descriptive specifications and upgrade products. All product descriptions are provided in good faith and we make every effort to display the pigment colours and device/accessories as accurately as possible, however we cannot guarantee that the printed pictures in our Catalogue or online Website are exact replications and that the colours displayed reflect the pigments precisely, as print images may vary from the actual saturations. Product descriptions are provided to give a general overview of the goods. We are not bound by objective descriptions and reserve the right to make changes to these descriptions over time.
2.4 All images and written descriptions of our Products, Devices and Accessories displayed in our Catalogue are subject to Copyright and owned by us or our Licensors. They are not to be used or replicated, stored or transmitted without the express permission and prior consent of Tracie Giles Limited.
2.5 All Products, Devices and Accessories shown in our Catalogue are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available, or if there will be a delay in shipping the Product to you. We will not process the order if this is the case without making contact with you to ascertain if you wish to proceed with the order. Initial contact will be made via telephone or email, after which if we have been unable to make contact with you, we will write to you at the address provided on your completed order form.
2.6 Promotional prices only apply to stated products, during a limited promotional sales period.
2.7 Due to health and safety we are unable to exchange needles, blades or pigments that have been opened, unless they are faulty.
2.8 No items sold by Tracie Giles Limited, may be sold on any digital media/sales sites or third party websites which include but are not exclusively limited to; eBay, Facebook, Amazon, Gumtree.
2.9 The Company hold no responsibility for misuse of Equipment or Products and cannot be held responsible for any claims personally brought against the Buyer. The Customer shall hereby indemnify the Company against any loss or damage claimed against them by any Third Party.
2.10 The User must at all times be satisfied that the products ordered are suitable. We the Seller cannot accept liability for the end use, or the way in which they are stored and used.
2.11 Due to our continuous product development, we reserve the right to amend prices, product design and specifications without prior notice. Catalogues, advertisements and online promotions are only intended to present a general indication of the Products referred to therein and in no part shall be binding upon us.
3.1 The seller only supplies Products to Customers who are professionally qualified Permanent Makeup Artists and Permanent Makeup/Cosmetic Clinics or those that are currently training. You may only purchase Products from our Catalogue if you are at least 18 years old and a Certified Permanent Make Up Artist, or are currently undergoing Micropigmentation training. It is the Buyers responsibility to ensure that he/she has a valid registration before placing an order with us. You warrant that you will use the Products in compliance with all relevant laws and regulations and shall not supply or make available the Products to minors, vulnerable persons, consumers or unregistered salons.
3.2 The Buyer by agreeing to these Terms and Conditions and making a purchase from us, agrees to comply with all instructions and guidance issued by the manufacturer of Goods including the storage, use, maintenance and if applicable testing of the Products.
3.3 The Buyer shall indemnify the Company and hold the Company harmless from and against all claims, liabilities, losses and demands arising out of any breach of these Terms and Conditions by the Buyer.
3.5 As a consumer, you have legal rights in relation to Products that are faulty or not as described. We take any queries very seriously and always aim to resolve any concerns or issues quickly and efficiently, however should you wish to seek external and impartial advice relating to an unresolved issue you will be able to seek advice regarding your legal rights from your local Trading Standards Office or Citizens’ Advice Bureau.
- Our Mutual Contract
4.1. When you submit an order with us, you are making an offer to buy goods. This does not mean we have accepted your order for the Products. Our acceptance of your order will take place once we have sent you an email to confirm that your order has been received.
4.2 After confirming our acceptance to you by sending you an e-mail and upon receipt of full payment for the goods, we will confirm that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation email. We are unable to issue a dispatch notification if you have not provided a valid email address.
4.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our Catalogue as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have not provided us with an email address we will contact you by telephone. If you have already paid for the Products, we will issue a refund of the full amount as soon as possible.
- Our Right to Vary These Terms
5.1 We may update or amend these Terms from time to time. When you receive a new Catalogue from us please review the Terms to ensure you are aware of any changes we have made. Notifications regarding our current and future Terms and Conditions will not be sent out by email or post, it is the responsibility of the individual purchasing products to check the current Terms and Conditions as displayed online or in print and to ensure that they are aware of any new changes.
5.2 Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order.
- Payment of Goods
6.1 All payments must be made in GBP Sterling. Any refunds issued for faulty goods will also be made in GBP Sterling. We cannot accept liability for current exchange rates.
6.2 All products purchased from us are subject to UK VAT, unless in some cases where you have an EU registered number, a charity exemption certificate or reside in tax exempt islands, which will be reviewed by us on an individual basis.
6.3 All products prices are subject to change and we reserve the right to amend prices.
6.4 Products can be paid for using a debit card or credit card or via BACS. We do not accept payment by cheques. All of our online transactions are processed securely by our merchant service providers and carriage charges are displayed prior to you placing an order.
6.5 Payment in full for Products and delivery charges are required in advance of dispatch.
6.6 Until full payment is received products remain the property of Tracie Giles Ltd. You own the Products once we have received payment in full, including all applicable delivery charges.
- Delivery Regulations
7.1 All orders will be subject to postage and packaging charges.
7.2 Goods will normally be dispatched within 3 working days, with any estimated dispatch date being subject to change.
7.3 Orders to EU countries may take up to 5 working days.
7.4 Delivery charges will vary depending on the value of the Products you order and the delivery address. The method of delivery may also vary depending on the size and weight of your order, with certain deliveries requiring a signature of receipt upon arrival. Smaller items will be dispatched within 3 days upon receipt of payment using Royal Mail standard services, or our preferred courier for larger items.
7.5 If there is nobody available to accept the courier delivery for larger items, our couriers will usually rearrange the delivery once, however you may be subjected to re-delivery charges.
7.6 Delivery will be completed when the Products are delivered to the address you provided to us.
7.7 Upon receipt of delivery you will be responsible for checking the contents of your delivery against your order form and invoice and to ensure that none are damaged, faulty or not as described. Where possible if damaged in transit you should draw this to the delivery driver’s immediate attention. If after delivery you discover that your Product is faulty you will be required to notify us by email or in writing within 5 days and arrange to return the products to us within 14 days.
7.8 Tracie Giles Ltd. will not be held responsible or liable for any loss resulting in the delayed delivery or non-fulfilment of any terms and conditions of the contract which results due to circumstances that are out of our control (once the item/(s)) have been dispatched), or resulting from circumstances caused by force majeure, industrial dispute, accident, fire, scarcity of material or labour, natural disasters or by other circumstances not in our control.
7.9 We are unable to accept responsibility for lost working time in the event that you do not place orders well in advance of your scheduled client treatments.
- International Delivery
8.1 Our Catalogue is solely for the promotion and sale of our Products within the British Isles and Europe. We have various international IndelibeLiner® stockists with whom to place International orders.
- Product Pricing
9.1 The prices of the Products will be as quoted in our Order Form. Whilst we take all reasonable care to ensure that the prices of Products are correct at the time of publication, it is always possible that despite all reasonable efforts, some of the Products may be incorrectly priced. If in the unusual circumstances that we find an error pertaining to the price of Product(s) you ordered, we will inform you of this pricing error and give you the option of continuing with the purchase of the Product at the correct price, or to cancel your order. If we are unable to contact you using the email or phone number provided, we will consider the order as cancelled.
9.2 Prices for our Products may change from time to time, any price changes will be made clear via the publication of an updated catalogue and all changes will be reflected on our online shop.
9.3 The price of a Product includes VAT (where applicable) at the current rate chargeable in the UK. Should the VAT rate change, we will adjust the VAT you pay, unless in the event that you have paid in full for all Products ordered before the changes have taken effect.
9.4 Our stated delivery charges may vary from time to time depending on the value of the products, weight, size, delivery location and carrier of choice.
- Your Cancellation and Refund Rights
10.1 Due to the sterile nature of the products we operate a no-returns policy for pigments or needles if they have been opened or had their packaging/seal tampered with, unless the Products are in some way faulty.
10.2 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by us.
10.3 If there is a problem with the goods, please notify us by email or in writing within 5 days providing full details of the fault. In accordance with your legal rights we will issue a full refund if the returned goods are deemed by us to be faulty. We will upon receipt and inspection of the faulty goods issue you with a refund within 14 days, for the price you paid for the Products, in addition to any applicable delivery charges you incurred, that had been agreed in advance of return and subject to receipt of a delivery invoice.
10.4 If an exchange is necessary it will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been returned to us for assessment. The cost of returning goods to us is your responsibility, however on inspection if we deem the product to be faulty, we will credit you reasonable postage costs. If the goods are not faulty, we will return them to you, however you will be required to cover postage carriage.
10.5 If a faulty item requires us to replace it and due to unforeseen circumstances the Product is no longer available or is out of stock, we will provide you with the option of a refund. When we replace faulty goods you are responsible for returning the Product to us, prior to a replacement being issued.
10.6 We hold no responsibility for loss of business whatsoever due to delay in delivery of your machine/Products, or when your machine is out of use due to service maintenance or repair works.
10.7 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by notifying us in writing and sending a letter to Tracie Giles Bespoke Permanent Make Up, 24 Beauchamp Place, London SW3 1NH. We advise that you retain a copy of your cancellation notification for your records, as in the event of a dispute the responsibility falls upon the customer to prove that he/she provide us with notice in the required time frame as outlined in clause 10.3.
10.8 If the Products were delivered, you must return the Products to us and unless the Products are faulty or not as described, you will be responsible for the cost of returning the products to us. All products should be returned to us in their original packaging, un-opened and un-used.
10.9 Tracie Giles Limited retain the right to deduct an amount from the exchange of goods value reimbursement if we believe the product/(s) returned have been devalued by your handling of them beyond what is deemed to be necessary to establish their nature.
10.10 If you chose to return any Products to us we will not be responsible for loss or damage to them in transit. We therefore recommend that these are returned to us using a reputable recorded delivery service. If Products are damaged or lost in delivery we reserve the right to charge you, or not to refund any amounts due to you, that are attributable to the loss or damage.
10.11 Your refund for faulty goods once approved by us will be credited back onto the debit or credit card you used to initially purchase the product/(s).
- How We May Use Your Personal Information
11.1 We will store your Order Form for a period of 7 years to correlate with invoices.
11.2 We will keep your personal data secure in accordance with the Data Protection Act and by taking appropriate measures against its unauthorised or unlawful use and accidental loss.
11.3 In order to adequately protect all personal data on your order form we will take necessary steps to protect your personal data to the best of our ability and ensure whenever possible that correct security protection is in place to prevent unauthorised access.
11.4 We will use the personal information you provided to us to deliver products ordered to you, process your payment for ordered products, send you future catalogues and promotional materials and to keep you updated about the company and offers we will host, via the distribution of our client newsletter and promotional mailers.
11.5 If you wish to be removed from our contact list please notify us by email to firstname.lastname@example.org
11.6 We will not issue your personal details to any third parties, unless in the event that we sell the business, in which case current customer details will be included on the transfer of assets, or are required to do so by UK/European Law by a Court of Law.
11.7 We may share your personally identifiable information with companies and business entities which are owned or controlled by IndelibeLiner®’s parent company Tracie Giles.
- Product Warranty and Manufacturer Guarantees
12.1 The Devices (En Point and Power Point) supplied by us are warranted against defects in workmanship and materials for a period of 2 years from the date of despatch.
12.2 Some of our Products come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- Our Liability
13.1 Tracie Giles Limited/ IndelibeLiner® accepts no liability for outcomes based on how the Products are used or stored by customers and therefore results procured from this. We do not accept liability for any consequential loss of profit or indirect losses, due to the use or misuse of our products.
13.2 All Products sold on the Tracie Giles Bespoke Permanent Make Up/IndelibeLiner® Website and in our Product Catalogue have been designed to comply with all relevant UK and EU legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK and Europe.
13.3 We do not accept liability for any consequential loss of profit or indirect earnings due to the misuse of our products. Use of our products as outlined in clause 3.1 are for the use of trained Permanent Makeup Artists and Cosmetic Tattooists who hold accredited and fully recognised Micropigmentation qualifications and insurance and who are suitably qualified, holding the relevant experience required to use the products in the professional capacity that they have been designed for.
13.4 We only supply products for professional use to qualified Permanent Make Up Technicians. By purchasing the Products, you agree to not use the Products for commercial purpose unless fully trained and insured.
13.5 We do not accept liability for any consequential loss of profit or indirect losses, due to the use or misuse of our products. You should therefore ensure that anybody using our products, holds the relevant experience / qualifications required to properly use the products.
13.6 Products are not for re-sale and we do not authorise the re-sale of products without our consent and agreement.
- Events Outside Our Control
14.1 We will not be liable or responsible for any failure to deliver products and any of our obligations under this Contract that is caused by an ‘Event Outside Our Control’. An Event Outside Our Control is defined as an act or event beyond our reasonable control, including without limitation strikes, industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2 We will notify you directly if an event outside of our control takes place that may affect our obligations as outlined in this contract. In any such event our contractual obligations will be suspended for the duration of the event.
15.1 If you wish to contact us directly or are required to provide written notification to us, the email to use is email@example.com, alternatively if you prefer to contact us by post please address your correspondence to our Clinic at: 24 Beauchamp Place, London SW3 1NH.
15.2 If we have to contact you to cancel an order or clarify information provided, we will do so by the email or phone number that you provided in the order form.
- Other Important Terms
16.1 Whilst we do everything possible to ensure that information on our website, Product Catalogue and online ordering system is fully functioning and accurate, we are not liable for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website and in the event that it is down for maintenance. This exclusion shall include any direct, indirect or consequential loss.
16.2 This contract is between Us and You, no other person/(s) shall have any right to enforce its terms.
16.3 Our Terms and Conditions with relation to the sale and purchase of our Products are governed by UK law and as such any disputes arising will be governed by the jurisdiction of English law by the Courts of England and Wales.
16.4 Separate Terms and Conditions apply for our training courses. Should you wish to review these please email firstname.lastname@example.org and request a copy of these.
16.5 Separate Terms and Conditions apply for our Permanent Make Up and Clinic Treatment Services. Should you wish to review these please visit our website at www.traciegiles.co.uk or email email@example.com
16.6 No failure by us to enforce our Terms and Conditions shall constitute a waiver of our Terms and Conditions or prevent us from thereafter exercising them.
Edition Date: January 2017
By purchasing a product you hereby agree to and accept these Terms & Conditions that govern the contractual relationship between the parties.