Trade T&Cs

Please read our trade terms and conditions for products bought under a B2B agreement and for products from our professional device page.

1. INTERPRETATION

1.1 Definitions

"Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

"Conditions" means the terms and conditions set out in this document.

"Contract" means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

"Customer" means the person or firm, acting in the course of a business, who purchases the Goods from the Supplier.

"Force Majeure Event" means an event or circumstance beyond a party’s reasonable control.

"Goods" means the goods (or any part of them) set out in the Order.

"Order" means the Customer’s order for the Goods, as set out in the Customer’s purchase order form.

"Supplier" means Neo Elegance Ltd, a company registered in England and Wales at Companies House No. 9178595, with a registered office at 9 Vernon Street, DE1 1FR, Derby, United Kingdom. Our registered VAT number is 261062143.

1.2 Interpretation

(a) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

(b) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. BASIS OF CONTRACT

2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

2.3 The Order shall only be deemed to be accepted when the Supplier has accepted the Order, at which point the Contract shall come into existence.

2.4 Any descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues, brochures or website are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

2.5 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.

2.6 Where the Goods are to be delivered to a location outside of the UK, additional terms apply (see Clause 12).

3. GOODS

3.1 The Goods are described in the Supplier’s catalogue or website and the Supplier reserves the right to amend the Goods if required by any applicable statutory or regulatory requirements.

4. DELIVERY & RETURNS

4.1 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.

4.2 Delivery is completed on the completion of unloading of the Goods at the Delivery Location.

4.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.

4.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

4.5 Once the item is delivered, no returns or refunds will be issued for change in mind or change in supplier. For quality concerns, please refer to Clause 5.

4.6 If the Customer returns any Goods for inspection, repair, or replacement (whether under warranty or otherwise), the Customer shall bear the cost of returning the Goods to the Supplier’s place of business unless otherwise agreed in writing by the Supplier.

4.7 The Consumer Contracts Regulations do not apply to business-to-business (B2B) and Corporate transactions.

5. WARRANTY AND QUALITY

5.1 The Supplier warrants that on delivery, and for a period of 12 months after delivery (the warranty period), for Goods delivered to the UK only, the Goods shall be free from manufacturing defects.

5.2 Subject to Clause 5.3, if:

(a) The Customer gives notice in writing to the Supplier during the warranty period within a reasonable time of discovery that the Goods have developed a manufacturing defect;

(b) The Supplier is given a reasonable opportunity of examining such Goods or, at the Supplier’s request, the Customer returns such Goods to the Supplier’s place of business at the Customer’s cost; and

(c) The Supplier agrees that there is a manufacturing defect with the Goods and the defect has not been caused by misuse or mishandling – the Supplier shall, at its option, repair or replace the defective Goods.

5.3 The Supplier shall not be liable for the Goods’ failure to comply with the warranty in the following events:

(a) The defect arises due to failure to follow care and maintenance guidelines.

(b) Accidental damage, misuse, or neglect.

(d) General wear and tear.

5.4 If the Supplier provides a replacement, the original warranty period remains unchanged. The replacement does not reset or extend the warranty period.

6. TITLE AND RISK

6.1 The risk in the Goods shall pass to the Customer on completion of delivery.

6.2 Title to the Goods shall pass to the Customer once payment for the Goods has been received in full.

7. PRICE AND PAYMENT

7.1 The price of the Goods shall be the price set out in the Order.

7.2 The price of the Goods excludes amounts in respect of value-added tax (VAT) and insurance.

7.3 The Order will set out the costs and charges of any packaging and delivery of the Goods.

7.4 All Goods must be paid for in advance, prior to dispatch.

8. BUSINESS RESPONSIBILITY

8.1 Neo Elegance cannot be held responsible for loss of income or business disruption due to device malfunction or damage, costs associated with lost client appointments or reputation damage, and theft, accidental damage, or loss of the device.

9. BUSINESS INSURANCE RECOMMENDATION

9.1 The Supplier strongly advises the Customer to obtain comprehensive business insurance to protect their business from the following risks:

(a) Breakages and accidental damage – Insurance should cover the repair or replacement costs if the device is damaged or broken.

(b) Loss or theft – Insurance should provide protection if the device is stolen or lost.

(c) Business disruption – Insurance should cover lost income if the device is out of service for repairs or replacement.

(d) Public liability – Insurance should provide protection in the event of an adverse client reaction to treatment.

10. LIMITATION OF LIABILITY

10.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation; and

10.2 Limitation on Total Liability

Subject to Clause 10.1:

(a) The Supplier shall under no circumstances be liable to the Customer for any loss of profit, indirect or consequential loss arising under or in connection with the Contract.

(b) For the avoidance of doubt, the Supplier shall under no circumstances be liable to the Customer for any loss howsoever caused due to the Customer’s failure to follow care and maintenance guidelines or failure to obtain adequate business insurance.

(c) The Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 20% of the price of the Goods

11. TERMINATION

11.1 Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so.

12. FORCE MAJEURE

Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event.

13. GENERAL

13.1 Assignment and other dealings

(a) The Supplier may at any time assign all or any of its rights or obligations under the Contract.

(b) The Customer may not assign any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.

13.2 Entire agreement

(a) This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

13.3 Variation

No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

13.4 Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

13.5 Notices

Except for the service of any proceedings or other documents in any legal action, any notice that is required to be served on a party in connection with this Contract shall be in email only.

13.6 Third party rights

No one other than a party to this Contract and their permitted assignees shall have any right to enforce any of its terms.

13.7 Governing law and jurisdiction

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

14. ADDITIONAL TERMS FOR PRODUCTS TO BE DELIVERED OUTSIDE OF THE UK

14.1 The timing and cost of delivery shall be as set out in the Order.

14.2 The Customer shall be responsible for payment of any import tax, local duties, or other charges that may be payable upon import and/or delivery of the Goods.

14.3 The Goods shall be deemed to have been delivered if, for any reason, they are seized by any import or other government body due to the non-payment of import tax or any other applicable duties.

14.4 The Customer shall also be responsible for paying any duties or tax payable on the Goods if they are returned to the Supplier when they are delivered back to the UK.

14.5 Value-added tax (VAT) shall be charged at the applicable rate at the time of the Order. If the Customer is based outside of the European Union and wishes to claim a VAT exemption, the Customer must provide the Supplier with the registered VAT number, and the Delivery Location must match the VAT registration details. The Customer must inform the Supplier before the Order is placed that the Customer wishes to apply for the VAT exemption. The Supplier cannot provide any VAT refunds on orders once they are placed and paid for.

15. TRAINING

15.1 The Supplier shall inform the Customer if the Supplier is to provide training on how to properly use the Goods in accordance with both the manufacturer’s instructions and recommendations (where applicable) and in general good practice. Where such training is provided, it shall be limited to the use of the Goods only and shall not extend to any therapies that may be used with the Goods. Where training is provided by the Supplier, the Customer warrants that it shall follow the training procedures whenever the Goods are used.

15.2 Where training is to be provided, the Customer agrees and warrants that it shall:

(a) Attend the training session and ensure that all staff members who will use the Goods shall also be trained by the Customer;

(b) Comply with all training manuals provided by the Supplier;

(d) Not use the Goods prior to completion of the training (therefore, bookings with clients should not be made until after the training has been completed).

15.3 The Supplier shall inform the Customer of the approximate dates on which training will be provided, but time shall not be of the essence.

16. ACKNOWLEDGEMENT OF TERMS

16.1 By placing an order online with the Supplier, the Customer confirms that they have read, understood, and agreed to be bound by these terms and conditions.