WholeSale Terms & Conditions

1. Our Contract With You

1.1

These are the terms and conditions (the “Terms”) on which we, The Magic Of Wax Limited (“We”, “Us” and “Our”) supply any of Our products (the “Products”) detailed on Our website at www.themagicofwax.co.uk (the “Site”) to you, in your capacity as a retailer, whether you operate your business via a physical retail shop or e-commerce website. The supply of Products to you is strictly for commercial or business use or resale. If you would like to become one of our WholeSale customers, please fill in this form.

1.2

We will ask you to prove the existence of your business and the sales methods that you use in order for Us to establish that you are a retailer. This may include, amongst other things, your providing to Us the address of your retail outlet and/or a digital photograph of your store front, and/or details of the URL of your website from which you operate your own e-commerce enabled webstore.

1.3

You confirm that you have authority to bind any business or company on whose behalf you use Our Site to order and purchase Products.

1.4

These Terms will apply to any contract between Us for the sale of Products to you and replace and supersedes any previous terms and conditions. We reserve the right to revise these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

1.5

We intend to rely on these Terms and any documents expressly referred to in them in relation to the contract between Us. While We accept responsibility for statements and representation made by Our duly authorised employees and agents, please ensure that you ask for any variations from these Terms to be confirmed to you in writing to avoid any confusion between us. If you think that there is a mistake or require any changes to be made to these Terms, please contact Us to discuss this as soon as possible.

1.6

Please read these Terms carefully and make sure that you understand them and check that the details on your order for the Products and in these Terms are complete and accurate, before you confirm you place an order for Products with Use by making payment to Us in accordance with these Terms. You are responsible for all information provided to Us in relation to the products ordered and We shall not be responsible for any errors or missing information in the details that We receive from you.

1.7

We shall confirm your eligibility as a retailer of Our Products by approving your WholeSale Application and these Terms shall apply in respect of any orders for Products that you place with Us. If you do not meet Our eligibility requirements as a retailer Our terms and conditions of supply in respect of consumers shall apply to any orders for Products that you place with Us.

1.8

We may at Our sole discretion apply a discount on very large Orders made by you which We shall notify to you in writing at the relevant time.

2. Ordering Products

2.1

Your order for Products is made when you purchase via the website, www.themagicofwax.co.uk (the “Order”).

Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

2.2

If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

2.3

No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

Order Confirmations shall contain the following information:
Your Order Number;
Confirmation of the Goods ordered;
Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
We will also include a paper copy of the Order Confirmation with your Goods.

2.4

In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why by email. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

2.5

We intend to rely on these Terms and any documents expressly referred to in them in relation to the contract between Us. While We accept responsibility for statements and representation made by Our duly authorised employees and agents, please ensure that you ask for any variations from these Terms to be confirmed to you in writing to avoid any confusion between us. If you think that there is a mistake or require any changes to be made to these Terms, please contact Us to discuss this as soon as possible.

2.6

There is no minimum order for WholeSale Customers.

2.7

We reserve the right to refuse or decline any Order at Our sole discretion.

3. Our Products

3.1

Our Site is solely for the promotion of Our Products and the images of the Products on Our Site are for illustrative purposes only. Although We have made every effort to display the colours and print accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products that you receive from Us may vary slightly from those images.

3.2

Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

Title to the Goods shall pass to the Customer once the Supplier has received payment in full.

We accept the following methods of payment on Our Site:

Pay via PayPal, Debit or Credit Card, Apple Pay, ClearPay, Google Pay, Pay on collection (Note: A PayPal account is not a requirement)

3.3

Once an Order for Products has been made, our website will calculate the shipping costs based on the weight and the dimensions of the contents.
If you are not satisfied with the amount of the shipping charges that We confirm to you, you can choose “Local Pickup” and you may then make your own arrangements for collection and shipping of your Order.

4. Delivery of Our products

4.1

We will deliver the Product(s) ordered by you together with a hard copy of the Invoice, to the address which you give for delivery when you make your Order. If any of the details you have given to Us in your delivery address are incorrect, We are not liable for any items which have not been or are not received.

4.2

Once an Order has been shipped, you will receive an email from Us notifying you of the dispatch of the Product(s) (the “Dispatch Notification Email”). All Products are shipped using a fully traceable carrier and you will be provided the relevant shipping and tracking details in Our Dispatch Notification Email to enable you to track the Products being shipped.

4.3

Deliveries within the UK are shipped using Evri, Royal Mail, or DPD couriers and generally arrive at their destination on the next working day following Our issuing of the Dispatch Notification Email.

4.4

When placing an Order with Us, you can supply Us with delivery instructions such as “leave the Products with our neighbour at number 82, if no answer” and We will pass these instructions on to the courier on your behalf.

4.5

The Product(s) will be your responsibility and owned by you from the point at which We or the courier first attempt delivery, whether you (or any nominated alternative) take delivery or not.

5. Goodwill Guarantee

5.1

If you are not entirely satisfied with a Product for any reason, you may return it to Us at your own cost within 21 calendar days of receipt if you send Us the proof of purchase. We will refund you the price you paid for the Product once We have received the Product back in a sale-able condition.

5.2

Following your receipt of the Products, you will have a period of 72 hours to check for any defects, faults or errors in respect of the Products delivered and to notify Us that you will be returning any Products to Us and the reason for any such returns.

5.3

Following your receipt of the Products, you will have a period of 72 hours to check for any defects, faults or errors in respect of the Products delivered and to notify Us that you will be returning any Products to Us and the reason for any such returns.

6. Return of Products

6.1

Where you are returning a Product from the UK mainland and the Product has a fault, if you notify Us before returning the Product to Us, all postage related charges in respect of UK and international returns are payable by you.

6.2

When returning a Product, please ensure that it is in a securely wrapped parcel with suitable packaging to ensure that the Product does not get damaged in transit whilst being returned.

6.3

Should a Product be received which is not suitably packed for transit We reserve the right to refuse a refund on the grounds that insufficient care has been taken to return the Product to us. If you have returned the Product for a refund, We may decide against this if we are unable to resell.

6.4

When returning the Product, always ensure that you obtain a receipt or proof of posting from the relevant delivery agent so that if the Product does not arrive with Us, you can prove that it was actually posted back to Us and when.

7. Force Majeure

7.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control – aka “Force Majeure” (as defined in clause 7.2).

7.2

An “Event Outside Our Control” means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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.

7.3

If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

7.3.1

We will contact you as soon as reasonably possible to notify you; and

7.3.2

Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

8. Resale of Goods

8.1

We shall notify you of Our wholesale pricing tables from time to time which set out:

8.1.1

the minimum recommended price of Our Products (the “MRP”) which is the minimum price for which you are permitted to sell Our Products without Our express prior permission in writing. The MRP is the price that We sell the Products for when consumers contact Us direct (plus an amount in respect of any duties, taxes or shipping that are applicable).

8.3

You agree , undertake and covenant to Us that where you intend to sell any of Our Products to any third party, you shall:

8.3.1

not apply any discounts or sales to, or in respect of , any of Our Products unless agreed with Us in writing in advance;

8.3.2

where We notify you of any list of Resellers, businesses or individuals who We do not want you to sell Our Products to (for whatever reason and at Our sole discretion), including at the date of these Terms, Amazon, eBay, Etsy and Gumtree, immediately cease to make sales or provide any of Our Products to such Resellers, individuals or businesses, including for the avoidance of doubt, the fulfilment of any outstanding orders or the provision of any samples or gifts to them; and

8.4

Our products are named and explicitly shown against any The Magic Of Wax item(s) on any platform including website, physical shop or social media eg, The Magic Of Wax Limited.

8.5

Our products are attached and are acknowledged on social media using correct methods eg hashtags or ‘@‘ to Our brand, The Magic Of Wax, ie @TheMagicOfWax #TheMagicOfWax

8.6

Where you fail to comply with the provisions of clause 8.1 to clause 8.3 (inclusive), We may and reserve the right at Our sole discretion to give you a warning for your failure to comply with those provisions and/or cease providing you with any of Our Products and Our trading relationship with you.

9. Information about us and how to contact us

9.1

If you have any questions or if you have any complaints, please contact Us by e-mailing Us at support@themagicofwax.co.uk.

9.2

If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail at support@themagicofwax.co.uk or by pre-paid post to:
The Magic Of Wax Limited
18 Inskip Road
Ashton On Ribble
Preston
Lancashire
PR2 1NB

We will confirm receipt of any such notice by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail or by pre-paid post to the address you provide to Us in the Order process. When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

10. How we may use your personal information

10.1

We will use the personal information you provide to Us to:

10.1.1

provide the Products;

10.1.2

process your payment for such Products; and

10.1.3

inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us in writing.

10.2

We will not give your personal data to any other third party.

11. Intellectual Property Rights

11.1

The Site design and all intellectual property rights in the Site, including all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are either the property of, or used with permission by, Us and are protected by copyright, trademark and other laws and may not be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for in these Terms and unless you obtain the prior written consent of the owner of such material. All such rights are reserved.

11.2

If you print off, copy , translate or download any part of the Site or the materials displayed on it in breach of these Terms, your right to use the Site will immediately cease and you must, at Our option, return or destroy any copies of the materials that you have made.

12. Other Important Terms

12.1

We may transfer, assign, charge, subcontract or deal in any other manner with all or any of Our rights and obligations under these Terms to another organisation but this will not affect your rights or Our obligations under these Terms. You may only transfer, assign, charge, subcontract or deal in any other manner with all or any of your rights or your obligations under these Terms to another person if We agree in writing.

12.2

This contract is between you and Us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

12.3

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or unenforceable that provision or part-provision shall, to the extent required, be deemed or deleted, and the remaining paragraphs will remain in full force and effect.

12.4

If any unlawful, invalid or unenforceable provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

12.5

A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

12.6

Except as set out in these Terms, any variation to these Terms shall only be valid and binding when agreed and confirmed in writing by Us.

12.7

These Terms are governed by English law and any contract for the purchase of Products between Us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) will be governed by English law.

12.8

You and We both agree to submit to the exclusive jurisdiction of the English courts however, We reserve the right to bring proceedings against customers in the countries of their residence.