TERMS AND CONDITIONS OF SALE – November 2025

1. Interpretation

1.1 In these Conditions, the following definitions apply:

“Buyer” means the person, firm, or company purchasing Goods from Toiletry Express Ltd (“the Seller”).
“Contract” means any agreement for the sale and purchase of Goods between the Seller and the Buyer.
“Goods” means any products supplied by the Seller to the Buyer.
“Order” means any request by the Buyer for the supply of Goods.
“Business Day” means a day other than Saturday, Sunday, or a public holiday in England.
“POD” means Proof of Delivery provided by the carrier, signed or electronically confirmed.

1.2 Headings are for convenience only and shall not affect interpretation.

1.3 A reference to “writing” includes e-mail.

2. Basis of Contract

2.1 These Conditions apply to all Orders and Contracts for the supply of Goods by the Seller to the Buyer, to the exclusion of all other terms.

2.2 Any quotation issued by the Seller shall not constitute an offer but an invitation to treat.

2.3 A Contract is formed only when the Seller confirms an Order in writing or delivers the Goods.

2.4 The Buyer shall ensure that the details of its Order are complete and accurate.

2.5 No variation to these Conditions shall be binding unless agreed in writing by an authorised officer of the Seller.

3. Goods

3.1 The Goods are described on the Seller’s website or quotation.

3.2 The Seller may make minor changes to packaging or specification where necessary to comply with legal or supplier requirements.

4. Delivery and Risk

4.1 Delivery dates are estimates only. Time of delivery is not of the essence.

4.2 Where Toiletry Express Ltd arranges transport, risk in the Goods passes to the Buyer upon arrival at the delivery address immediately prior to unloading.

4.3 Where the Buyer collects or nominates its own carrier, risk passes when the Goods are made available for collection.

4.4 The Buyer must inspect the goods immediately on delivery and note any damage or shortage on the carrier’s delivery record (Proof of Delivery). Claims for transit damage, shortage, or visible defect must be notified in writing within 24 hours of delivery, supported by clear photographs showing all sides of the affected box or pallet. Claims without such photographic evidence will not be accepted.

4.5 A carrier’s signed or electronically confirmed Proof of Delivery (POD), including confirmation by a third-party courier acting on behalf of the Buyer, shall be conclusive evidence that delivery was completed in good order unless the Buyer provides written notice of loss or damage within 24 hours, accompanied by the required photographic evidence.

4.6 Toiletry Express Ltd shall not be liable for any loss or damage occurring after the point of risk transfer. The Buyer is responsible for maintaining suitable transit-damage insurance once risk has passed.

5. Returns and Claims

5.1 Toiletry Express Ltd supplies trade customers only. No returns are accepted except for Goods that are defective or supplied in error.

5.2 Requests for return authorisation must be made in writing within 48 hours of delivery. Requests after this period will not be considered.

5.3 All claims must include photographic evidence showing the affected Goods and packaging as received on delivery, with images of all sides of the parcel or pallet.

5.4 Returned Goods must be unused, in original packaging, and accompanied by written authorisation from the Seller before dispatch.

5.5 Approved returns will be credited at the invoice price only; no deductions or replacements will be issued without prior written agreement.

6. Title and Ownership

6.1 Title to the Goods shall not pass to the Buyer until the Seller has received full payment for:
(a) those Goods; and
(b) any other Goods previously supplied to the Buyer.

6.2 Until title passes, the Buyer shall:

• store the Goods separately and clearly marked as property of Toiletry Express Ltd;
• not alter or remove identifying labels;
• maintain the Goods in saleable condition and insure them for their full value;
• immediately notify the Seller if any insolvency or enforcement event occurs.

6.3 If the Buyer becomes insolvent or fails to pay when due, the Seller may recover any Goods in which title has not passed and enter the Buyer’s premises for that purpose.

7. Price and Payment Terms

7.1 Prices are quoted exclusive of VAT and transport unless stated otherwise.

7.2 Invoices are due Net 30 days from invoice date unless agreed in writing.

7.3 Interest on overdue invoices shall accrue at 8% per annum above the Bank of England base rate, from the due date until payment in full.

7.4 The Seller reserves the right to suspend further deliveries or cancel credit facilities if any invoice becomes overdue.

7.5 All credit accounts are provided under the Seller’s trade credit insurance facility underwritten by Allianz Trade.

7.6 Credit limits are set and reviewed by Allianz Trade. Once a Buyer reaches or exceeds its insured limit, or if cover is withdrawn, all further deliveries will be suspended until payment is received or cover reinstated.

7.7 Until written credit approval is confirmed, all orders must be paid in full prior to dispatch.

8. Limitation of Liability

8.1 Nothing in these Conditions limits or excludes the Seller’s liability for death or personal injury caused by negligence, fraud, or any matter that cannot be excluded under English law.

8.2 Subject to 8.1, the Seller shall not be liable for:
(a) loss of profit, business, or goodwill;
(b) indirect or consequential loss;
(c) any loss arising from delays or non-delivery beyond its reasonable control.

8.3 The Seller’s total liability shall not exceed the price of the Goods in question.

9. Force Majeure

Neither party shall be liable for any failure or delay due to causes beyond its reasonable control, including acts of God, strikes, transport disruption, fire, flood, or supplier failure. Performance shall resume as soon as reasonably practicable.

10. Ethical Compliance

Toiletry Express Ltd is committed to responsible sourcing and compliance with the Modern Slavery Act 2015 and all applicable UK and EU ethical standards. The Seller confirms that it does not supply any products tested on animals. All ranges are VEGAN-friendly, sourced from cruelty-free and environmentally responsible suppliers.

11. Governing Law and Jurisdiction

These Conditions and any Contract are governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

12. General

12.1 Any notice shall be in writing and sent to the registered address or by email to the relevant contact.

12.2 If any clause is found invalid, the remaining provisions shall remain in full force.

12.3 No waiver by the Seller of any breach shall constitute a continuing waiver.

12.4 A person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999.