Terms and Conditions
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website. Paul Murray Plc reserves the right to make changes to this site, the disclaimers and the terms and conditions at any time.
· The owner of www.murrayshealthandbeauty.com is Paul Murray Plc. Head office address; Paul Murray Plc, Wide Lane, Southampton, Hampshire, SO18 2FA, United Kingdom (‘Murrays’/‘Murrays Health & Beauty’/‘we’/‘us’/‘our’). Company registered in England. Company registration number 01172728. Telephone: 02380 460 600. Fax: 02380 460601. Email: [email protected]
· Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual rights are reserved.
· You may view, download for caching purposes only, and print from the website provided that;
- You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public of private electronic retrieval system.
- You must not reproduce, duplicate, copy, sell, resell, visit or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
- You must not edit or otherwise modify any material on the website.
· You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the order information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
· Prices quoted on our online catalogue are in Pounds Sterling and Euro and are only recommended retail prices. We reserve the right to change any advertised prices at any time. Paul Murray Plc does try to ensure that all prices on our website are accurate, however errors may occur. If an error is discovered we will contact you. In the event that you order an item and the price published is incorrect for any reason, we will endeavour to contact you to advise the correct price and determine whether you still want us to fulfil the order at the correct price. We shall be under no obligation to fulfil an order if the product is displayed at the incorrect price.
· Images on our website do not show the actual size of items and all colours may vary to that listed. It is possible for our product specifications to change, in which case we will do our best to offer you a substitute product. If you are not happy with the replacement you can return it within 7 days under the Distance Selling Regulations.
· To the fullest extent permitted at law, Paul Murray Plc is providing this site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose. Except as specifically stated on this site, to the fullest extent permitted at law, neither Paul Murray Plc nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of it or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Paul Murray Plc does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Paul Murray Plc its affiliates, directors, employees or other representatives.
· Access to certain areas of our website is restricted. We reserve the right to restrict access of our website, or indeed our whole website, at our discretion. If we provide you with a User ID and Password to enable you to access restricted areas of our website or other content or services, it is your responsibility to ensure that both your online trade order Username and Password are kept safe and you must not disclose it to anyone. You are responsible for all actions taken under that Username and Password and shall only use the site under your own Username and Password. You must not transfer or sell your Username to anyone, nor permit, either directly or indirectly, anyone to use your Username and Password. If there are any changes to your Paul Murray Plc customer details it is your responsibility to contact us as soon as possible.
· We reserve the right to terminate our agreement to do business and to suspend or terminate your access to the site immediately and without notice, if;
- You fail to make payment when due.
- You breach any of the listed Terms and Conditions.
- We suspect you have engaged, or about to engage, or have been involved in any way been involved, in fraudulent or illegal activity on the site.
· We do not accept any liability for any website not under our control, which may act as a portal to our site or be connected by a link with our site or that we connect to by a link.
· Once you confirm your order online it will then be processed by the Murray’s Customer Service Department. The office hours are 9am –5pm Monday to Friday. Until goods are despatched no contract will exist between you the account holder and Paul Murray Plc. Your invoice will be enclosed with your order and your Paul Murray Plc payment terms and conditions will then be active.
· Invoices are to be paid in full by the agreed payment date. Unless agreed otherwise, for goods supplied by Paul Murray plc on its own behalf or as agents for Philips Electronics UK Limited, this agreed payment date is 30 days from the end of the month following the invoice date. Unless agreed otherwise, for goods which are sold as agents for Coty UK&I Limited this agreed payment date is 30 days from the invoice date. Goods remain the property of Paul Murray Plc, Philips Electronics UK Limited or Coty UK&I Limited, as appropriate, until they are fully paid for. Credit, if granted, will not exceed the maximum limit specified in the credit agreement. Credit may be stopped if the payment terms are not adhered to. A credit amount may not be opened until a satisfactory reply has been received from both trade reference provided on the credit application. Company accounts may be requested.
· All deliveries are sent via the DX Group and delivered from Monday to Friday between 9am – 5pm. The approximate delivery time for UK mainland is 1-2 working days and outside of UK mainland will be 3-5 working days (excluding public holidays) upon receipt of order. Goods will be sent to the address stated in the order conformation. Please note that your goods may be sent to you in instalments. If you have still not received your order after this time please contact the Murray’s Customer Service Department on 02380 460 600 (9am –5pm Monday to Friday). If you are a Paul Murray Plc Proforma customer you order will be despatched upon receipt of payment.
· A carriage charge will be applied to all online orders, except Pharmaceutical Packaging orders (see below) under the relevant thresholds;
- UK Mainland & IOW: All orders under £135 will be charged £5.00 carriage.
- UK Offshore Islands: All orders under £300 will be charged £11.00 carriage.
- Scottish Highlands & Northern Ireland: All orders under £200 will be charged £7.50 carriage.
- Ireland (euro): All orders under €250 will be charged €15.00 carriage.
- Ireland (sterling): All orders under £200 will be charged £11.00 carriage.
· A separate order must be created for Pharmaceutical Packaging. The Free Delivery carriage thresholds for Pharmaceutical Packaging are:
- UK Mainland & IOW: All orders under £150 will be charged £5.95 carriage.
- UK Offshore Islands: All orders under £200 will be charged £20.00 carriage.
- Scottish Highlands & Northern Ireland: All orders under £150 will be charged £15.00 carriage.
- Ireland (euro): All orders under €200 will be charged €20.00 carriage.
- Ireland (sterling): All orders under £200 will be charged £20.00 carriage.
· We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to an event outside our reasonable control.
· The Goods are at the risk of the Customer from the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, at the time when Paul Murray plc attempts to make delivery.
Terms and conditions of sale for all products sold by Paul Murray plc but excluding those sold as agents of Philips Electronics UK Limited and as agents for Coty UK&I Limited (see below)
· Ownership of the Goods shall not pass to the Customer until Paul Murray plc has received in full all sums due to it in respect of:
- The Goods; and
- All other sums which are or which become due to Paul Murray plc from the Customer on any account.
· Until ownership of the Goods has passed to the Customer (and provided that the Goods are in existence and have not been resold), the Customer shall:
- Hold the Goods on a fiduciary basis as the bailee of Paul Murray plc;
- Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
- Maintain the Goods in satisfactory condition and keep them insured on behalf of Paul Murray plc against all risks to the reasonable satisfaction of Paul Murray plc. On request the Customer shall produce satisfactory evidence of the insurance;
- But the Customer may resell or use the Goods in the ordinary course of its business.
· The Customer´s right to possession of the Goods shall terminate immediately if:
- The Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
- The Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under any contract between Paul Murray plc and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or
- The Customer encumbers or in any way charges any of the Goods.
· The Customer grants Paul Murray plc, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Customer´s right to possession has terminated, to recover them. 16. Under the Distance Selling Regulations you have the right to cancel your order for any item purchased on this website within 7 days of receiving your goods. A full refund excluding cost of return postage will be given providing you take reasonable care of the goods whilst they are in your possession and return the goods by Royal Mail Special Delivery. To cancel your order you must contact us within 7 days of receiving your goods.
· Please examine the goods on delivery in case they are damaged or faulty. If you inform us within 7 days of delivery that the goods are damaged or faulty, we will refund return postage and replacement at our expense. If you do not inform us within 7 days, we shall have no liability for goods said to be damaged on delivery. This does not affect your statutory rights.
· The supply of products by Paul Murray plc acting as agents for Philips Electronics UK Limited (‘Philips’) is subject to the Philips General Conditions of Sale, which are available to read here. Any other terms and conditions in respect of the sale of Philips’ products are hereby expressly rejected.
Paul Murray plc acting as agents for Philips - Product Returns Policy.
· Paul Murray plc is committed to selling high quality products on behalf of Philips; however we understand that at times items are unsuitable. We can only accept the return of products with proof of purchase that are unused, in original undamaged packaging, and in a saleable condition. Shavers, Epilators, Shaver Heads and Toothbrush Heads cannot be exchanged or refunded for hygiene and safety reasons unless returned in the condition stated above.
· Paul Murray plc cannot accept the return of products with missing elements or parts. Philips has a department that will send out any missing components directly to the end consumer. Please contact the Support Line on 0844 3380489 to arrange replacement parts to be sent out within 48 hours.
· All Philips Shavers come with a 2 year worldwide guarantee and adapt to any voltage.
· Philips´ Warranty begins on the date of purchase by the end consumer as indicated on the proof of purchase. If the date of purchase is not available or unknown, the warranty period is considered to have started three months after the date of manufacture indicated on the product or as derived from the serial number of the product.
· If any defect due to faulty materials and/or workmanship occurs within the warranty period, Philips will make arrangements for a free of charge repair. Where a repair is not possible or is deemed uneconomical, Philips may agree to replace the product. Replacement will be offered at Philips´ discretion and the warranty will continue from the date of original purchase.
· The Philips Warranty applies provided that the product has been handled properly for its intended use and in accordance with the operating instructions.
Paul Murray Plc has a ‘privacy statement’ for all customers. All details that you provide are securely stored and will not be supplied or sold to any outside organisation.
This notice will be governed by and construed in accordance with English law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be excluded and shall not affect the validity and enforceability of the remaining terms and conditions.
· The supply of products by Paul Murray plc acting as agents for Coty UK&I Limited (‘Coty’) is subject to the Coty Conditions of Sale, which are reproduced below. Any other terms and conditions in respect of the sale of Coty products are hereby expressly rejected.
Coty Conditions Of Sale
1.1 In these conditions “buyer” means the person who accepts a quotation of Coty for the sale of the Goods or whose order for the Goods Coty accepts. “Goods” means the fragrance, perfumery, cosmetic, toiletry products or other goods, which Coty is to supply in accordance with these Conditions. “Coty” means Coty UK&I Ltd. of Eureka Park, Ashford, Kent, TN25 4AQ. “Conditions” means the standard terms and conditions of sale set out in this document including any special terms and conditions agreed in writing between the Buyer and Coty. “Contract” means the contract for the purchase and sale of the Goods. “Customer Services” – Paul Murray plc’s Customer Services Dept. at: Wide Lane, Southampton SO18 2FA. Tel No: 02380 460600. Fax No: 02380 460601. “Goodwill”: the goodwill of Coty in respect of the image of the Goods and the name or brand of Coty. “Price”: the price to be paid by the Buyer for the Goods and “Writing”: letter, fax and any other form of written communication.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
Coty shall sell and the Buyer shall purchase the Products as principal parties only to the intent and with the effect that no other person shall have any rights or obligations or be entitled to sue or be liable or be sued, under these conditions”
2. BASIS OF SALE
2.1 Coty shall sell and the Buyer shall purchase the Goods in accordance with any written quotation from Coty that is accepted by the Buyer, or any written order from the Buyer, which is accepted by Coty. Subject in either case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions, subject to which any such quotation is accepted, or purported to be accepted, or any such order is made, or purported to be made by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in writing by Coty.
2.3 The buyer acknowledges that the goodwill is of prime commercial importance to Coty and accordingly the Buyer acknowledges and agrees that:
2.3.1 The goods will only be sold to the general public through outlets previous approved by Coty.
2.3.2 In the event that Coty in its absolute discretion shall determine that the sale of the Goods by the Buyer is not conducive to the Goodwill, Coty shall be entitled to refuse further deliveries of the Goods.
3. ORDERS & RETURNS
3.1 No order submitted by the Buyer shall be deemed to be accepted by Coty unless and until confirmation in Writing by Coty.
3.2 Coty reserves the right to make any changes in the specification of the Goods which are required to conform to any application, safety or other statutory requirement.
3.3 No order, which has been accepted by Coty, may be cancelled or varied by the Buyer except with the agreement in Writing of Coty.
3.4 The Goods are not sold on a sale or return basis and (subject to the provisions of clause 8.4) Coty will be under no obligation whatsoever to accept returns.
3.5 If in its absolute discretion Coty decides to accept Returns such returns (including returns accepted in accordance with Clause 8.4) will be accepted by Coty only on the basis that:
3.5.1 Are returned by the Buyer to Customer Services within 20 days of the date of the Returns Authorisation Note properly packed and (except for returns accepted in accordance with clause 8.4) carriage paid.
3.5.2 Except for returns accepted in accordance with clause 8.4 prior to the return of the Goods the Buyer has paid a charge, to be determined by Coty in its absolute discretion and specified in the Returns Authorisation Note, in respect of the handling charges, administrative and stocking costs and lost profit of Coty.
4. PRICE OF THE GOODS
4.1 The price shall be Coty’s quoted price or where no price has been quoted (or a quoted price is no longer valid), the price listed in Coty’s published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days or until earlier acceptance by the Buyer, after which time Coty may alter them without giving prior notice to the Buyer.
4.2 Unless stated in Writing, all prices include packing and, for orders over the value of £100 transport and insurance.
4.3 The price is exclusive of any applicable value added tax.
4.4 No discount is available for the Price whether for payment in cash, early or prompt payment or otherwise unless specifically agreed by Coty in writing.
4.5 Coty reserves the right where Goods are scheduled for delivery more than 2 months after the date of the Contract, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Coty in excess of 5% which is due to any factor beyond the control of Coty provided that in which event the Buyer shall be entitled within 5 working days from the date of such notice to give notice in Writing cancelling the Contract.
5. TERMS OF PAYMENT
5.1 Coty shall be entitled to invoice the Buyer for the Price on or at any time after despatch of the Goods by Coty.
5.2 Coty shall be entitled to recover the Price of the Goods notwithstanding that property in the Goods has not passed to the Buyer.
5.3 The Buyer shall pay the price of the Goods within 30 days of the date of Coty’s invoice. The time of payment of the Price shall be of the essence of the Contract.
5.4 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to it, Coty shall be entitled to:
5.4.1 cancel the Contract or suspend any further deliveries to the Buyer
5.4.2 appropriate any payment made by the Buyer to such of the Goods or the Goods supplied under any other contract between the Buyer and Coty as Coty may think fit notwithstanding any purported appropriation by the Buyer, and
5.4.3 charge the Buyer interest both before and after any judgement on the amount unpaid, at the rate of 4 per cent per annum above Nat West Plc base rate from time to time, but subject to a minimum interest rate to be paid by the Buyer of 10 per cent per annum, until payment in full is made.
6.1 Delivery of the Goods shall be made by Coty to the address specified in the order or acknowledgement or order or, if no address is specified, to the Buyer’s principal place of Business.
6.2 Any dates quoted for delivery of the Goods are approximate only and Coty shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery of the Goods shall not be of the essence. The Goods may be delivered by Coty in advance of the quoted delivery date.
6.3 Coty reserves the right to deliver the Goods in instalments and each such delivery shall constitute a separate contract and failure by Coty to deliver any one or more of the instalments in accordance with these Conditions, or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as whole as repudiated.
6.4 If the Buyer fails to take delivery of the Goods then, without prejudice to any other right or remedy available to Coty, Coty may store the Goods until actual delivery and charge the Buyer for the reasonable costs including insurance of storage.
6.5 Shortfalls in deliveries of the Goods must be notified in writing to Customer Services within 7 days of delivery.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of actual delivery.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Coty has received in cash or cleared funds payment in full of:
7.2.1 the Price of the Goods,
7.2.2 the price of all other Goods agreed to be sold by Coty to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the goods as Coty’ fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected, insured and identified as Coty’s property.
7.4 Until such time as the property in the Goods passes to the Buyer, Coty shall be entitled at any time to require the Buyer to deliver up the Goods to Coty and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods, which remain the property of Coty.
8. WARRANTIES AND LIABILITY
8.1 Subject to the conditions set out below Coty warrants that the Goods will correspond with their specification and will be of satisfactory quality at the time of delivery.
8.2 Coty shall not be under liability under the above warranty if:
8.2.1 the defect in the Goods arises from wilful damage, improper storage, negligence, failure to follow Coty’s instructions (whether oral or in writing), misuse or alteration of the Goods without Coty’s approval.
8.2.2 the total price for the Goods has not been paid by the due date for payment, or:
8.2.3 any claim is not notified to Coty within 3 days from the date of delivery or where the defect or failure was not apparent on reasonable inspection within a reasonable time after discovery of the defect or failure.
8.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.4 Where any valid claim in respect of any of the Goods is notified to Coty, Coty shall be entitled but not obliged to replace the Goods in question free of charge or, at Coty’s sole discretion, refund to the Buyer the Price of the Goods or a proportionate part of the Price but Coty shall have no further liability to the Buyer.
8.5 Except in respect of death or personal injury caused by Coty’s negligence, and except as set out in these Conditions, Coty shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Coty, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer or any delay or failure on the part of Coty to supply the Goods in whole or in part, .
8.6 Coty shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Coty’s obligations due to any cause beyond Coty’s control, including (without limitation) difficulties in obtain the Goods from Coty’s own suppliers.
9. INSOLVENCY OF BUYER
9.1 If the Buyer becomes insolvent within the meaning of section 247 of the Insolvency Act 1986 or if the Buyer ceases or threatens to cease its business, then without prejudice to any other right or remedy available to Coty, Coty shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable.
10.1 No waiver by Coty of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part that provision or part provision shall be deleted and the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.3 The Buyer must quote its Customer Number and the document number in respect of the Goods in all communications with Customer Services.
The Contract shall be governed by the laws of England and any dispute arising under or in connection with these Conditions or the sale of the Goods shall be subject to the exclusive jurisdiction of the English courts.