Legal Notices

Shared Beauty Secrets (SBS)

Privacy Policy –April 2018

Here at SBS, we take your privacy seriously. Data we hold is that necessary to comply with the law, HMRC, and to comply with our rules and standards around use of our products by trained personnel. In addition we hold data where permission has been granted for the purpose of keeping you up to date with our latest news, products, offers and competitions. We don’t share your data with anyone else without your express permission, which may however include our training providers, and product shipping partners as applicable.

Customer Data
To comply with HMRC, we will keep sales and customer data for a minimum of 7 years. This is stored on a secure server, accessed solely by our staff and accountant. This is limited to information necessary to prepare and supply orders, and fulfill our tax declaration and company accounts. Delivery data is shared with our shipping partners to enable fulfilment of orders. This data may also be used for emergency communications with customers. Our website stores online order details. Data is deleted after 6 months from the web server.
Practitioners
We hold data on training attended, and qualifications held by practitioners in order that we can ensure our products are supplied and used by qualified staff. This is held according to our terms & conditions and policies for becoming a practitioner. Data is stored on a secure cloud server, accessed solely by our staff. Data is stored indefinitely. Where training is carried out by our partners, data is shared with them to enable proper registration of candidates, and submission of attendance / qualification back to us. This data may also be used for emergency communications with customers and practitioners. With consent, location data, and contact details are included in our ‘Find a Practitioner’ feature on our website, which is made using a cloud based data set with Google Maps.

Marketing & general communications data
We hold data for the purposes of keeping our customers, suppliers and interested parties informed about our news, latest offers, products, events and competitions. This data is held on a third party server, specialising in newsletter mailings. Consent has been sought for your inclusion on these lists. Consent may be sought as part of a sign up process, or during an online sale, or as part of registering as a trainee or practitioner, or during an event or trade show. You may update your preferences or unsubscribe at any time using the links at the bottom of any email you receive. .

For any of the above data sets, you may request to see the data held about you, and ask for corrections to be made, and for discretionary records to be deleted by contacting the office on office@sharedbeautysecrets.com. Proof of identity will be sought before any data is shared with you.

Shared Beauty Secrets College Conditions of Training

  1. The college will send Shared Beauty Secrets Ltd an official college purchase order number, and confirmation of the number of students/tutors attending, at least 14 days in advance of the training course. Training stock cannot be sent without a PON and therefore training will not be able to take place
  1. The payment will be paid in full on receipt of an SBS Ltd invoice issued within 7 days of the training day
  1. Cancellation of a training course outside 14 days but rebooked within 3 months of the cancellation day may be made with an administration fee of £25
  1. Cancellation of a course within 14 days will incur a £100 charge
  1. Exceptions may be made for inclement weather conditions and matters beyond reasonable control
  1. In the event of cancellation of a course by SBS Ltd for inclement weather conditions and matters beyond reasonable control, SBS Ltd shall not accept liability for any consequential loss and shall have no liability to reimburse any other costs that may have been incurred
  1. The college agree to take responsibility for informing any members of their teaching staff attending training that they are enrolled to gain a certificate to deliver the treatment only and will not be able to teach the treatment
  1. The college agrees to accept the delivery of stock prior to the training course and inform SBS Ltd if not received within 2 days of the course date

 

  1. The minimum number of students per training day and, therefore, the minimum charge to be invoiced by SBS will be for 6 students (unless otherwise agreed with SBS prior to the training)
  1. All shared Beauty Secrets courses are subject to students having, or working towards specific pre-requisite qualification before attending.  Should a student attend training without the correct qualification, they will not be able to complete the course.

MM April 2018

Conditions of Training for LAVA SHELLS and MOLTEN LAVA STONES

  1. The deposit of £100 you have paid to secure a training place is NON- REFUNDABLE.
  2. The remaining fee must be paid in full at least 14 working days before the training commences.
  3. Cancellation from a course outside of the 14 days which is then rebooked within six months of the original date may be made with no loss of deposit or administration fee.
  4. Cancellation from a course within the 14 days which is then rebooked within six months of the original date may be made with no loss of deposit but will incur an administration fee of £25.

5.   Cancellation from any course not rebooked within six months of the original date will result in the loss of deposit in full.

  1. Final payments can be paid by debit card or credit card.  Please call the office to make payments.
  1. Due to the nature of the business and unforeseen circumstances Shared Beauty Secrets Ltd reserves the right to cancel training or change a course venue or date. Where this is necessary, you will be contacted at the earliest opportunity and offered an alternative course and may receive a refund of all training fees paid if this is not convenient. We will not be held responsible for any other expenses incurred if cancellation is due to matters beyond our reasonable control.
  2. All Shared Beauty Secret courses are post graduate training. Therapists are required to have the following qualifications before attending. Should you attend training without the correct qualification you will not be able to complete the course.

Facials – Skin Care and Facial Massage at Level 2 or equivalent

Relax, Rescue, Detox, Online Warming Back Massage and Molten Lava Stones – Swedish Body Massage at Level 3 or equivalent including  A&P

Lava Mama, Tender Lava Care Swedish Body Massage at Level 3 or equivalent including A&P AND a qualification in Lava Relax or Rescue

  1. By attending training you are in acknowledgment and acceptance that once trained by Shared Beauty Secrets the trainee is not permitted to train others. Shared Beauty Secrets are exclusive trainers and suppliers of Lava Shell and Molten Lava Stones treatments and products.

KG May 2018

Returns and Refund Policy 

RETURNS

Please check your delivery carefully.  Our policy lasts 3 working days. If 5 working days have gone by since your items have been delivered, unfortunately we cannot offer you a refund, credit or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

REFUNDS 

Once your return is received and inspected, we will notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund or credit on account.

If you are approved, then your credit value will be applied to your trade account or refund processed according to your original method of payment within 5 days from the notification of return.

LATE OR MISSING REFUNDS

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please email us at info@sharedbeautysecrets.com

EXCHANGES

We only replace items if they are defective, damaged or incorrectly supplied.  If you need to exchange it for the same item, send us an email at info@sharedbeautysecrets.com  where further details can be discussed and arrangements made.

SHIPPING

To return your product, you should mail your product to the address stated on our website.

You will be responsible for paying for your own shipping costs for returning your item unless otherwise agreed with Shared Beauty Secrets Ltd in advance. Shipping costs are refundable only when agreed by Shared Beauty Secrets Ltd in advance.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

KG May 2018

Shared Beauty Secrets Ltd ONLINE Terms and Conditions of sale

OVERVIEW

This website is operated by Shared Beauty Secrets Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Shared Beauty Secrets Ltd. Shared Beauty Secrets Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you agree to not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per account or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors without prior agreement.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor has any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Shared Beauty Secrets Ltd are transparent in the use of your data and the purpose for using your data is specified in the privacy policy available. Your submission of personal information through the store is governed by our Privacy Policy. Please see www.sharedbeautysecrets.com for our privacy policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international,  or country regulations, rules,

laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander,

disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Shared Beauty Secrets Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Shared Beauty Secrets Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Shared Beauty Secrets Ltd

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@sharedbeautysecrets.com.

CUSTOMER USAGE AGREEMENT AND SUPPLY AGREEMENT FOR LAVA SHELLS, MOLTEN LAVA STONES and KOKOLOKAHI PRODUCTS

USAGE

PARTIES

  1. Shared Beauty Secrets Limited (SBS) incorporated and registered in England and Wales with company number 06797430 whose registered office is at 7-9 The Avenue Eastbourne East Sussex BN21 3YA (SBS LTD). Suppliers, distributors and trainers of Lava Shells, Molten Lava Stones and kokolokahi products.
  2. Customer as named on account
  3. SBS LTD wishes to supply to the Customer SBS products provided that the Customer has demonstrated to SBS LTD that the Customer is sufficiently trained and competent to use SBS products.
    1. The Customer desires to use all or a selection of SBS products in its salon and agrees to undertake the appropriate training to gain certification to use SBS products competently and safely.
    2. SBS LTD and the Customer agree to enter this Customer Usage Agreement.

AGREED TERMS

  1. TRAINING MANUALS
  1. The Customer acknowledges that staff and students being trained will receive a copy and will read and understand the training protocol and training manuals including the Instructions, Warnings and Usage Tips.
  1. TRAINING
  1. The Customer confirms that a member of its staff/student has attended and completed a one-day training course with SBS LTD where relevant for use of the SBS products accordingly to accreditation requirements, and is holding an up to date certificate issued by SBS LTD confirming that the staff/student “Trained Representative” has completed appropriate training in the use of SBS products OR

That any member of staff carrying out a LAVA Shell Warming Back Treatment has completed the required online training, completed and returned the required documents and is in receipt of their up to date LAVA Warming Back Treatment Certificate

    1. If the Customer’s member of staff/student attends the training course but does not receive certification, SBS LTD agrees to allow the Customer’s member of staff/student to repeat the SBS LTD training course for the use of SBS products with an administration charge of £25 plus VAT.
    1. The Customer confirms that its Trained Representative is fully competent to use LAVA Shells and/or Molten Lava Stones and is fully competent to safely use and control the heat generated by LAVA Shells and/or Molten Lava Stones.
    1. The Customer agrees and undertakes that only its Trained Representative will be permitted to administer the LAVA Shells and/or Molten Lava Stones to the Customer’s clients. In exceptional circumstances SBS LTD will allow the Trained Representative to complete further training to enable them to train other operatives from the Customer’s staff. If SBS LTD has agreed for this to happen the Customer is solely responsible for the quality and accuracy of the training passed on by the Customer’s Trained Representative.
    1. The Customer confirms and undertakes that it will keep its copy of the LAVA Shells and/or Molten Lava Stones Manuals in an accessible place at all times for the use of the Customer’s Trained Representative in the Customer’s premises OR in the case of LAVA Warming Back Massage ensure access to the online training website is available.
  1. WITHDRAWAL OF SERVICE
  1. SBS LTD wishes to maintain the reputation of SBS LTD and reserves the right to monitor the use of its products in the Customer’s premises. The Customer grants SBS LTD the right to visit the Customer’s premises and monitor use of its products during the Customer’s normal trading hours upon SBS LTD giving the Customer 24 hours’ notice.
    1. SBS LTD reserves the right to require the Customer to retrain any member of the Customer’s staff as a condition of further supply of LAVA Shells and/or Molten Lava Stones.
  1. LIMITATION OF LIABILITY
  1. The Customer confirms that it enters this Agreement in the course of the Customer’s business and not as a consumer.
    1. The Customer confirms that it takes full responsibility for the use of SBS products by the Customer and that it shall not make any claim against SBS LTD arising from the use by the Customer and their trained representatives of SBS products save in the case of SBS LTD’s negligence or wilful default. The Customer agrees that it shall not seek to pass on to SBS LTD any claim against the Customer arising from the Customer’s use or resale of SBS products save in the case of SBS LTD’s negligence or wilful default.
    1. SBS LTD does not seek to limit its liability in respect of death or personal injury arising from its negligence nor in respect of losses for which it is prohibited by Section 7 of the Consumer Protection Act 1987 to limit liability.
    1. SBS LTD will not be liable or responsible for any failure of performance by SBS LTD that is caused by events outside SBS LTD’s reasonable control.

SUPPLY

SUPPLY AGREEMENT FOR LAVA SHELLS, MOLTEN LAVA STONES and KOKOLOKAHI

BACKGROUND

  1. SBS LTD wishes to supply its products to trained Customers and to promote the sale of LAVA Shells Homecare Kits and kokolokahi products.
  1. The Customer wishes to receive supply of LAVA Shells and/or Molten Lava Stones and/or kokolokahi products and to provide LAVA Shells and/or Molten Lava Stones Treatments where sufficiently trained according to SBS Ltd pre-requisites. The Customer also wishes to sell LAVA Shells Homecare Kits and/or kokolokahi products to consumers.
  1. SBS LTD and the Customer agree to regulate the supply of SBS products to the Customer by the terms and conditions that follow.AGREED TERMS
  1. DEFINITIONS
  1. In this agreement the following terms shall have the following meanings:
    1. LAVA Shells means the LAVA Shells products for sale to Customers buying in the course of their business;
    1. Molten Lava Stones means the Molten Lava Stones products for sale to Customers buying in the course of their business;
    1. kokolokahi means the kokolokahi products for sale to Customers buying in the course of their business;
    1. LAVA Shell Treatment means massage treatment using LAVA Shells;
    1. Molten Lava Stones Treatment means massage treatment using Molten Lava Stones;
    1. LAVA Shells Homecare Kit means the LAVA Shells product designed for retail sale to consumers and for use without training;
    1. SBS LTD Marketing Materials means all printed works and other marketing materials supplied by SBS LTD to be used for the promotion of LAVA Shells and/or Molten Lava Stones, LAVA Shells Homecare Kits and kokolokahi products; and
    1. Stock means orders of LAVA Shells or Molten Lava Stones, LAVA Shells Homecare Kits or

kokolokahi available for delivery to the Customer by SBS LTD.

  1. SBS LTD OBLIGATIONS
  1. SBS LTD will use all reasonable endeavours to satisfy the Customer’s order requirements, and to make deliveries in a timely manner in accordance with these terms and conditions.
    1. LAVA Shells and Molten Lava Stones are professional treatments and may only be used in accordance with the LAVA Shells and Molten Lava Stones Customer Usage Agreement and following due training. SBS LTD agrees to provide a one-day training course for the Customer’s staff providing the Customer’s therapists hold relevant pre-requisite qualifications for each course OR in the instance of LAVA Shells Warming Back Massage to make the training available online to be used with a personal access code only. SBS LTD will issue a certificate upon successful completion of training in accordance with the LAVA Shells and Molten Lava Stones Customer Usage Agreement.
  1. PAYMENT CONDITIONS AND TERMS
  1. Stock will only be dispatched by SBS LTD upon receipt of cleared funds from the Customer unless prior agreement has been arranged. All first orders will require payment in advance of goods being dispatched.
    1. SBS LTD agree to deliver within the UK within 5 working days from receipt of payment in accordance with clause 3.1 above.
    1. All quoted prices are excluding VAT which will be charged by SBS LTD as required at the prevailing rate.
  1. DELIVERY CHARGES
    1. The Customer agrees to pay upon purchase an additional delivery charge at the rate quoted during time of order. Charges are subject to change at the discretion of SBS LTD with advance notice to the customer.
  1. DAMAGED STOCK
  1. The Customer agrees to examine all delivered stock promptly upon receipt and in any event within 3 working days and thereafter report any damage to SBS LTD without delay and in any event not later than the working day following the day when the damage was discovered by the Customer.
    1. SBS LTD agrees to accept returns of Stock if properly notified in accordance with clause 5.1 and will credit the Customer with postage and packing not exceeding £9.95 per returned delivery.
  1. CUSTOMER UNDERTAKINGS
  1. The Customer will only use LAVA Shells, Molten Lava Stones and/or kokolokahi products in accordance with the SBS Ltd Customer Usage Agreement after due completion of required training.
    1. The Customer agrees to use LAVA Shells, Molten Lava Stones and/or kokolokahi products only in the course of the Customer’s own salon or spa business and shall not resell LAVA Shells or Molten Lava Stones to any other business.
    1. The Customer agrees that it will not sell on a retail basis to consumers LAVA Shells and Molten Lava Stones but will only make retail sales to consumers of LAVA Shells Homecare Kits and kokolokahi products. The Customer will not knowingly permit retail sales of LAVA Shells Homecare Kits or kokolokahi products to any business or for any business use.
    1. The Customer agrees to use all reasonable endeavors to maximise the sale of LAVA Shells and/or Molten Lava Stones and kokokolahi treatments (in the Customer’s salon or spa) and LAVA Shells Homecare Kits and kokolokahi retail products (to retail consumers). The Customer is permitted to use the SBS LTD Marketing Materials as directed by SBS LTD for the promotion of SBS Ltd products
    1. The Customer shall not use SBS LTD Marketing Materials for the promotion of their salon or spa apart from the promotion of products supplied by SBS Ltd or the marketing material for treatments for which they are not qualified to offer.
  1. STOCK
  1. Lava shell and Molten Lava Stone refill products have a suggested shelf life of 1 year, from date manufactured. Returns will not be accepted if product has expired.
    1. All products purchased from SBS Ltd must be stored in a cool and dry environment. Warranty will be void on all products that are not stored in the advised location.
    1. SBS reserves the right to discontinue stock lines at any time without notice. The Customer understands that SBS may discontinue customer service on discontinued stock at any time without notice.
  1. LIMITATION OF LIABILITY
  1. The Customer confirms that it enters this Agreement in the course of the Customer’s business and not as a consumer.
    1. The Customer confirms that it takes full responsibility for the use of SBS products by the Customer and that it shall not make any claim against SBS LTD arising from the use by the Customer of SBS products save in the case of SBS LTD’s own negligence or wilful default. The Customer agrees that it shall not seek to pass on to SBS LTD any claim against the Customer arising from the Customer’s use or resale of SBS products save in the case of SBS LTD’s negligence or wilful default.
    1. SBS LTD will not be liable or responsible for any failure of performance by SBS LTD that is caused by events outside SBS LTD’s reasonable control
    2. SBS LTD shall not be liable for any failure to deliver or delay in the performance of orders, contracts, or Agreements, or in the delivery of shipment of goods, or for any loss or damages suffered by the Buyer by reason of such delay.
  1. In the event of breach of contract or negligence by SBS LTD the liability of SBS LTD will be limited to the contract price of the Stock supplied by SBS LTD and in no circumstance will SBS LTD be liable for:
    1. loss of profits; or
    2. loss of turnover; or
    3. consequential losses; or
    4. loss of business opportunity.
    1. SBS LTD does not seek to limit its liability in respect of death or personal injury arising from its negligence nor in respect of losses for which it is prohibited by Section 7 of the Consumer Protection Act 1987 to limit liability.
  1. GOVERNING LAW AND JURISDICTION
  1. These agreements and any disputes or claims arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) are governed by and construed in accordance with English law.
    1. The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

This agreement has been entered into on the date of staff training or date of first order placed whichever is earliest.

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