Terms of service

PH Group UK Ltd – Conditions of Sale: Beautystar & Maletti (A.A.M)

1. General

“Beautystar” Products (part of the “Maletti” group of companies registered as A.A.M S.R.L) are distributed in the UK by The P H Group UK Ltd. All contracts made by the P H Group UK Ltd for the supply of goods to the customer are subject to the terms and conditions herein contained. No employee, representative or agent of the P H Group UK Ltd is authorised to vary these terms and conditions, nor may these terms and conditions be varied, otherwise than as confirmed in writing by a Director of the P H Group UK Ltd. The customer by the placing of an order with The PH Group UK Ltd admits knowledge of an acceptance of these terms and conditions which shall constitute the entire contract between The PH Group UK Ltd and the customer. The PH Group UK Ltd reserve the right to amend these Terms and Conditions at its sole discretion.

2. Prices

(a) All goods are charged at the prices ruling at the time of supply (being the date upon which the goods leave the premises of The PH Group UK Ltd for delivery to the customer), all prices being subject to alteration without prior notice.

(b) Value Added Tax is chargeable at the rate ruling at the date of supply.

(c) Salon prices displayed within promotion brochures, product catalogues or online at https://beautystar.uk are quoted exclusive of VAT.

3. Payments

Orders totalling less than £10,000 (ex VAT) are to be placed via the https://beautystar.uk website payable at the checkout using credit card or any available credit or leasing options shown at the checkout (Klarna for example). “Project Pricing” is an option for larger purchases exceeding £10,000 (ex VAT). This pricing approach provides that Beautystar furniture orders are secured with a 50% down payment to secure the goods, another 40% is payable prior to delivery with the final 10% payable 7 days after the delivery date.

If the purchase price is not paid within this period then without prejudice to any other rights of The PH Group UK Ltd it may charge and recover from or add to the account of the customer interest on any outstanding accounts at 8% per annum (or such other interest rate as The PH Group UK Ltd may decide provided that the interest rate shall not be changed by The PH Group UK Ltd unless notice of the intended change has been given) and from the end of the credit period (the due date), The PH Group UK Ltd shall be entitled to add interest so charged to the customer’s account pro rata each month so that it shall form part of any balance owing and so that any further interest shall be compounded and such interest shall be chargeable as well after judgment as before. It is understood and agreed by the customer, that should payments not be made in accordance with the above, that The PH Group UK Ltd reserves the right to take legal proceedings to recover any outstanding amounts due to The PH Group UK Ltd. In this event, the customer will be liable to pay outside third party debt recovery agency fees, legal and court costs to recover such outstanding amounts.

All payments are to be made at, and this contract is deemed to have been made at, the address of The PH Group UK Ltd in the United Kingdom. Registered address: 28 Darklake View, Plymouth, Devon, PL6 7TL

4. Notification and Loss

(a) The customer shall be deemed to have examined all goods upon delivery.

(b) Whether or not such examination is made, any claim by the customer in respect of the goods must be made in writing within 24 hours of delivery and if not so made, the goods shall be deemed to have been delivered in good order and to be of merchantable quality.

(c) In the event of the non-arrival of goods, or if the customer learns that the goods have been lost or destroyed in transit (from whatever means) The PH Group UK Ltd must be notified within five days of the date of the invoice, failing which The PH Group UK Ltd shall have no liability whatsoever to the customer for such non-delivery and the customer shall be liable for the price of the goods.

(d) All notices to be given to The PH Group UK Ltd under this contract shall be given in writing to The PH Group UK Ltd at the address given on the invoice.

5. Property, Risk and Delivery

(a) The risk in the goods shall pass to the customer upon the earliest of the following events namely:

(i) Forthwith upon delivery of the goods to the customer or
(ii) Forthwith upon the goods being delivered in accordance with the customer’s direction or order.

(b) Notwithstanding delivery and passing or risk in the goods or any other or the provisions of these conditions the property in the goods shall not pass to the customer until The PH Group UK Ltd has received in cash or cleared funds payment in full of the price of goods and all other goods and services supplied or agreed to be supplied by The PH Group UK Ltd to the customer for which payment has not been made.

(c) Until such time as the property in the goods passes to the customer the customer shall hold the goods as The PH Group UK Ltd’s judiciary agent and bailee and shall keep the goods properly stored protected and insured.

(d) Until such times as the property in the goods passes to the customer The PH Group UK Ltd shall be entitled at any time to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods.

(e) All delivery dates are given in good faith, but are merely estimates and not legally binding upon The PH Group UK Ltd. The PH Group UK Ltd shall not be liable for any failure to delivery by the estimated delivery date or for any loss whatsoever arising directly or indirectly out of delay or in non-delivery of goods, nor shall the customer be entitled to refuse to accept goods, or decline payment, therefore, because of late delivery.

6 Warranty

6.1 Extent

This warranty is intended for Customers working in their own professional activity. The sales under this contract relate to Products not intended for consumers, as identified in article 3 of Italian Legislative Decree 206/ 2005. The warranty covers Product defects, understood as material imperfections, which have a significant impact on its usability or value, relative to anomalies of production, manufacturing, preparation and storage, and is valid within the limits and under the conditions laid down below. No sale by The PH Group UK Ltd to the customer shall be deemed a sales by sample within the meaning of the Sales of Goods Act 1979 as amended.

6.2 Duration

A.A.M Guarantees the Products for two years from the date of delivery. For all products and accessories in the “Stella B” collection, the Warranty is valid from one year from the date of delivery.

6.3 Application

Without prejudice to the explanations, exclusions or limitations described here below, or in any case referred to in this contract, the warranty shall apply to Product defects as identified according to the definition in Article 1490, para. 1 of the Italian Civil Code.

6.4 Methods, terms and forfeiture of the right to warranty

On discovery of the defect, the Customer (or the Distributor on behalf of the Customer) shall send written notice to A.A.M., attaching a copy of the sales invoice and the relative Order Confirmation undersigned by the Customer and indicating the serial number of the faulty product.

The notice must be sent to A.A.M. in writing within eight days from the discovery of the defect, under penalty of invalidation of the warranty. The right to warranty expires in two years unless otherwise stated in 6.6

Any intervention on the faulty product by the Customer or by a third party unless otherwise authorised by A.A.M. in writing, shall lead to the invalidation of the warranty.

6.5 Exclusions and limitations

Without prejudice to any other provisions, the warranty shall not be valid if the defect is caused or worsened by improper use of the Product by the Customer or third parties, or by maintenance which does not comply with the manufacturer's instructions, or by, interventions of any nature, including maintenance, which have not been carried out on the Product or which have not been authorised by A.A.M. The warranty shall also be excluded:

- if the required documents are not attached to the defect notice and if the information laid down in article 10.4. is not provided;

- if the Products have not been installed correctly, or have been tampered with, have had parts or components added which are not original or not authorised by A.A.M., or cleaned using procedures or products that may have damaged them;

- in the event of damage which is not derived from original production faults and/ or the poor quality of the materials used, but which are rather the consequence of events or accidental damage to the product including, but not limited to: knocks, scratches, cuts, stains caused by external factors such as dyes, lacquers or cleaning products, denim fabric rubbing on the covering materials;

- damages caused by wear following the normal use of the Products; especially for fans generating hydromassage

- for solid wood products subjected to dimensional variations in shape due to humidity and temperature changes which cause cracks and movement in the material

- if the products are not used by the parties they are destined for and they are produced, in other words hairdressers, beauty salons, beauty Spa’s

The noise of the massage units installed on the wash units does not constitute a product defect. Original defects include but are not limited to any difference in colour shade on articles or products with the same type of paint; any difference in colour shade on articles or products with the same type of leather or eco-leather covering; any difference in shade and/or stains/stripes/matt finish caused by artisanal production such as those present in manually polished joints, which could be present on articles or products with the same type of aluminium parts; voltage surges beyond the limits laid down by EC law (220/240 V, 50hz, +/- 10%) for electric parts.

6.6 Special Warranty Conditions

The following special warranty conditions apply to the components and materials described below:

(i) Pumps: Guaranteed for five years from the date of delivery,

(ii) Neon lights, led’s and light bulbs: These consumable items are not covered by the general warranty conditions.

Exclusively guarantees at the time of delivery are the colour temperature and colour yield parameters indicated in the specifications of the main manufacturers' catalogues.

The Customer is therefore bound to immediately check the components to which this paragraph refers, and in the event of discovery of any defects in these specifications, shall send written notice to A.A.M. no later than 8 days from the receipt of the goods; failure to do so will invalidate the Customer's warranty rights for these components. Excluded from the warranty conditions is the normal wear of the products due to use, and the Customer hereby acknowledge, waiving all claims thereto, that over time neon lights, leds and light bulbs may present colour defects or stop working.

(iii) Taps, shower heads and flexible hoses: Taps are guaranteed for 5 years; expressly agreed within the limits set in art. 1490, 2nd paragraph of the Italian Civil Code, the warranty covers shower heads and hoses for a period of 6 months from the date of delivery.

6.7 Methods of A.A.M. intervention:

A.A.M. will examine the product and, at it's own unquestionable discretion, will decide whether the problem falls within the coverage of the commercial warranty. Following an examination of the product, using its own assistance service or via an authorised assistance partner, A.A.M. undertakes to replace or repair any pieces with original defects, which shall be delivered ex-works. Any spare parts requested shall be shipped at the risk and expense of the purchaser. In any case the warranty shall not cover labour costs or any damage suffered by the purchaser. The parts replaced will become the property of A.A.M. If an item is no longer sold by A.A.M. , it will be replaced with an appropriate alternative. At it's exclusive discretion, A.A.M. will establish what is considered to be an appropriate alternative.

6.8 Exclusion of implicit recognition of defects

With reference to article 1495, para. 2 of the Italian Civil Code, any intervention by A.A.M., or a party appointed or authorised by them, does not lead to the recognition of defects, but rather aims exclusively to assess the claim reported by the Customer. The intervention by A.A.M. or a party appointed or authorised by them, to repair or replace products shall equally imply no recognition of defect, and is carried out solely for the purpose of avoiding disputes and/ or for contractual purposes. Defects will be deemed to be recognised according to the law solely when so explicitly declared in writing.

7. Assistance not covered by warranty

In the event of a customer requesting assistance on products supplied by A.A.M. which are not covered by a valid warranty, the Customer will be charged all costs and accessory charges borne by A.A>M. for spare parts, labour, travel costs, board and lodging required to carry out the assistance.

8. The PH Group UK Ltd’s Liability

(a) Liability shall mean liability in contract or in tort and whether arising from breach of contract or negligence or alleged negligence by The PH Group UK Ltd or its servants agents or employees and the word liable shall be construed accordingly.

(b) The phrase consequential loss shall be deemed to include economic loss, damage to any property other than the goods supplied pursuant to this contract, and any liability of the customer to any third party (save in respect of death or personal injury) but shall not include any loss for or arising out of death or personal injury.

(d) Any liability which The PH Group UK Ltd may have shall be limited to the supply of the goods contracted to be supplied or if such supply is deemed by The PH Group UK Ltd to be impracticable then the repayment or crediting by The PH Group UK Ltd to the customer or any monies paid by the customer together with the release of the parties hereto from the contract or if the contract shall have been partially completed by The PH Group UK Ltd then the repayment or crediting of a proportion of the contract price appropriate to the unfulfilled part of the contract together with mutual release by the parties in respect of such unfulfilled part of the contract.

(e) The customer agrees not to use the goods other than for their normal and proper use and not to alter or modify or otherwise interfere with them.

(f) The customer agrees not to use the goods in a negligent way or otherwise than in accordance with any written instructions or requirements.

(g) The PH Group UK Ltd shall not in any event have any liability whatsoever in respect of any loss or damage where the customer is in breach of the agreement contained in Clause 7(e) and Clause 7(f) hereof.

9. Responsibilities

The PH Group UK Ltd shall in no way be held responsible for any direct or indirect damages in the event of the Product defects, without prejudice to the
statutory warranties and any provisions of these general conditions. Equally, PH Group UK Ltd shall not be held responsible for damage caused during the installation of the Products to floors, furniture, ornaments, furnishings and any other items in the place of installation, recognising the contractual obligation of the Customer to protect and/ or move such items prior to installation.

10. Non-availability of Stock

Whilst every effort will be made to fulfil orders The PH Group UK Ltd shall not, under any circumstances, be liable for any loss arising as a result of non-availability or non-delivery of stock.

11. Acceptance of Goods

On delivery of the Product, the Customer is bound to reject it or report any defects within a period of no more than 8 days from the date of delivery. After such time the Product shall be deemed to be accepted by the Customer. If at its own discretion PH Group UK Ltd agrees to the return of the Product, the Product shall be returned in its original condition,
with relative packaging, with a returned goods note and proof of purchase; the costs of the return shall be paid by the Customer.

12. Copy Invoices

(a) The customer must notify The PH Group UK Ltd within 24 hours of receiving a Statement in order to request a copy of an invoice which is listed on the Statement and which has not been received by the customer. Failure by the customer to provide such notification will be accepted as confirmation that all invoices have been received.

(b) Subsequent requests for copy invoices will be accepted subject to an administration charge of £5.00 plus VAT per copy invoice supplied.

13. ForceMajeure

The PH Group UK Ltd shall not be liable for failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond its reasonable control.

14. Legal Construction

This contract shall in all respect be construed and operate as an English contract and in accordance with English law and all disputes shall be under the exclusive jurisdiction of the English Court.

15. Application for Credit

In accessing your application for credit, we will make enquiries about you, including searching any records held by Credit Reference Agencies. The PH Group UK Ltd may withdraw or refuse to offer terms and conditions as above at any time and at its sole discretion.