Terms of service
TERMS & CONDITIONS OF SALE
Iris Private Label is a trading name for Hera Beauty
By purchasing from Hera Beauty Ltd, you (“the customer”) are acknowledging that you agree, without limitation or qualification, to be bound by these Terms and Conditions.
- PRICING & INVOICES
1.1 Prices shown on the website are correct at the time of showing only and can change without prior warning. Prices detailed in a quote are valid for 30 days. Hera Beauty Ltd will provide a full unit price only, no breakdown of the cost will be given. Once an invoice is paid, or part paid, the prices are agreed.
1.2 Prices quoted are net of VAT, VAT is payable at the prevailing rate as shown on the quote or invoice, unless both the invoice and shipping addresses are outside the UK, in which case VAT will not be on the invoice, declaring the relevant duties and taxes in the receiving country are the responsibility of the customer.
1.3 Each order constitutes a new contract and does not form an ongoing agreement for supply.
1.4 An order is deemed to have been accepted by Hera Beauty Ltd on receipt of payment for either the order in full or the prepayment invoice (deposit), depending on which is requested by Hera Beauty Ltd
1.5 Any balances due on product will be invoiced at the point of notification that the product is complete
1.6 All orders must be paid for in full before the products are dispatched, except for customers with credit accounts, in which case the account must not be overdue and the total account value must be within the credit limit before the products are dispatched.
1.7 Any payment date refers to the date the funds are cleared in Hera Beauty Ltd’s bank account
1.8 Any costs for shipping, will be invoiced to you, this may be on the original invoice, invoiced prior to despatch, or after despatch in regards to redelivery charges etc
1.9 Once notified that product is completed, any delay to despatch caused by the customer could result in storage charges being applied
1.10 Interest is payable to Hera Beauty Ltd on overdue amounts at the rate of 4% per annum above the Bank of England base rate, accruing on a daily basis from the due date until the date of payment of the overdue amount, unless stated otherwise.
- DELIVERY & PERFORMANCE
2.1 Many of the ingredients Hera Beauty Ltd are natural, so the colour of product may vary slightly from batch to batch, this does not affect the performance of the product, only the aesthetics
2.2 Estimated manufacturing or delivery timescales provided by Hera Beauty Ltd are not guaranteed and are week commencing dates. In the event of unforeseen circumstances, such as ingredient or packaging purchasing issues, then Hera Beauty Ltd will update you with any amendments required to fulfil your order
2.3 Deliveries are made to the roadside of a single delivery location, by 3rd party couriers
2.4 Hera Beauty Ltd ship internationally using DAP incoterms, the customer is responsible for any customs charges for import and export shipments. Any documentation required to clear customs must be requested at the point of order, charges may apply.
2.5 All claims for faulty goods, delivery shortages or damages must be reported to Hera Beauty Ltd within 24 hours of the delivery date.
2.6 All products returned to Hera Beauty Ltd unclaimed via our courier service, will be subject to re-shipping charges.
2.7 Hera Beauty Ltd. cannot be held responsible for orders delayed by incorrect address information supplied during the ordering process. Please ensure the invoice states the correct delivery address before payment is made.
2.8 Title passes to the customer after receipt of full payment by Hera Beauty Ltd, and at the point of delivery, or at the time of collection from Hera Beauty Ltd by the customer or agent acting on the customer’s behalf.
2.9 Hera Beauty Ltd do not supply marketing or photography support.
- CANCELLATION
3.1 Once an invoice is paid or part paid the order cannot be cancelled or amended unless at the discretion of Hera Beauty Ltd, as all products are produced or purchased to order.
3.2 If Hera Beauty Ltd have informed the customer of delays, the order has not started production and the estimated delivery date has passed, then you can request to cancel the order.
3.3 If Hera Beauty Ltd do allow an order or part order to be cancelled any refunds or exchanges will be at the discretion of Hera Beauty Ltd, cancellation fees may apply.
3.4 Hera Beauty Ltd has the right to discontinue any product or service without prior notice. Where an invoice has already been raised, refunds or exchanges will be at the discretion of Hera Beauty Ltd
- RETURNS POLICY
4.1 A refund or exchange can only be offered on products that are faulty or where the packaging is damaged.
4.2 Hera Beauty Ltd must be informed of any fault or damage within 24hours of receipt.
4.3 If requested, the product must be returned to Hera Beauty Ltd in its original condition and packaging.
4.4 Any refund or exchange is at the discretion of Hera Beauty Ltd
4.5 Shipping costs are non-refundable.
- SAMPLES
5.1 Any products supplied as “samples” are chargeable but are not permitted for resale under any circumstance.
5.2 Samples may not reflect the product when produced at production scale, variation is unlikely, but may occur in the aesthetics where production method may limit the clarity & viscosity of the final product compared to the sample, the performance of the product is not affected
5.3 Samples under the Iris Private Label service are exact samples of the product you will receive, other than the label. All other Private Label samples will be the base product and will not include any additions of extracts or fragrances and are in Hera Beauty Ltd’s standard packaging
5.4 Samples of packaging and labels are not supplied
5.5 Samples of fragrances will be supplied on cotton bud style utensil
- LIABILITY
6.1 The expiry date and period after opening of each product sold by Hera Beauty Ltd applies when products are stored/transported in a sealed container in cool, dry environment out of direct sunlight. Hera Beauty Ltd cannot be held responsible for the deterioration of products stored/transported in temperatures above 20 degrees Celsius.
6.2 Hera Beauty Ltd are not liable for any direct or indirect costs incurred due to delays or unavailability of products, other than the cost of the original order
6.3 If any products are manipulated, including adding ingredients, after Hera Beauty Ltd has dispatched the item, Hera Beauty Ltd is unable to cover any liability claim made.
6.4 The customer is responsible for ensuring that any products manufactured by Hera Beauty Ltd are suitable for the intended purpose, and that the necessary product assessments have been carried out before any product is sold under the customer’s own brand. Safety, stability and compatibility information is provided by Hera Beauty Ltd as guidance only and Hera Beauty Ltd does not assume any responsibility or liability for any use of its products.
6.5 Hera Beauty Ltd waivers responsibility for any issues arising from any packaging or raw materials that the customer has sourced or supplied.
6.6 Hera Beauty Ltd ensures that any ingredients or fragrances are added to products in accordance with IFRA and EU regulations. Hera Beauty Ltd waivers responsibility for skin irritations or other adverse reactions that may arise from using the products.
6.7 Hera Beauty Ltd's total liability in contract, delict, misrepresentation, restitution or otherwise, arising in connection with the goods or services shall be limited to the price of the goods or services.
6.8 Hera Beauty Ltd shall not be liable to the customer or any 3rd party for any indirect or consequential loss or damage, costs, expenses, or other claims for consequential compensation whatsoever which arise out of or in connection with the goods or services supplied.
6.9 Hera Beauty Ltd will not supply CPSRs (Cosmetic Product Safety Report) in Hera Beauty Ltd’s name.
6.10 It is the customers responsibility to ensure their products are notified on the Cosmetic Product Notification Portal (CPNP/OPSS), unless purchased through Iris Private Label
6.11 Hera Beauty Ltd is not responsible for compatibility testing if you source or supply your own components.
6.12 When supplying your own components, you must complete a free issue brief. All deliveries must be booked in with our goods-in team. Failing to comply will result in your components being placed on hold, possibly delaying your order.
6.13 Any packaging or raw materials supplied by the customer could incur storge charges if received outside of the terms of the free issue agreement
6.14 Hera Beauty Ltd endeavours to ensure the product images, descriptions, weights and measurements which appear in any company literature are fair and accurate, but Hera Beauty Ltd accept no responsibility for any error or omission.
6.15 When supplying technical information directly or via a 3rd party to you, or information to a 3rd party on your behalf, Hera Beauty Ltd endeavours to ensure the information is fair and accurate, but Hera Beauty Ltd accept no responsibility for any error or omission.
6.16 A person who is not a party to the contract shall not have any rights under or in connection with it. The Customer may not assign or sub-contract any of the rights or obligations imposed by this Contract unless agreed to in writing by the Hera Beauty Ltd.
6.17 Hera Beauty Ltd do not hold the responsibility for claims wording, name compliance or certifications shown on your packaging or marketing materials but hold the right to query if deemed necessary.
- RETENTION OF TITLE
7.1 Hera Beauty Ltd owns the Intellectual Property rights for all formulations developed by Hera Beauty Ltd.
- GOVERNING LAW
8.1 This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh Courts. These Terms and Conditions do not affect your statutory rights.
- FORCE MAJURE
9.1 Neither Party will be liable for any failure or delay in performing an obligation under this agreement that is due to an extreme unforeseen event outside their control, similar to but not exclusive to the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the Covid-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.
9.2 For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder