PRIMARY COSMETICS – Digital Terms & Conditions.
- THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. By placing your order with us, you agree that these terms are final and binding on you.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Primary Cosmetics, an unregistered partnership firm existing under the laws of Pakistan.
2.2 How to contact us. You can contact us by telephoning our customer service team at + 92 301 828 6856 or by writing to us at firstname.lastname@example.org or 511, 5th Floor, Clifton Centre, Clifton, Karachi, Pakistan 75600.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us. Any emails or communication from us prior to this will serve purely to validate the order details provided and in no way constitute confirmation or acceptance of the order.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell in Pakistan. Our website is solely for the promotion of our products in Pakistan. Unfortunately, we do not accept orders from OR deliver to addresses outside Pakistan.
- OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, the contract shall continue in force without the said changes.
- OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to address a security threat;
(c) to reflect commercial realities e.g. shortage of raw material;
(d) as part of our ongoing R&D in an effort to improve the quality of the product.
Provided that such changes shall not impact your use of the product.
6.2 More significant changes to the products and these terms. In addition, we may make significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3 Updates to digital content. We may update or require you to update digital content at our discretion or in accordance with applicable laws.
- PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website at the time of placing the order, or as notified to you at the time of confirmation of your order.
7.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, including any delays caused by a carrier or logistics company utilized by us. This condition does not affect your statutory rights.
7.4 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.5 When you own goods. You own a product once we have received payment in full.
7.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will contact you via email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
(a) to deal with technical problems or make minor technical changes;
(b) to update the product to reflect changes in relevant laws and regulatory requirements;
(c) to make changes to the product as requested by you or notified by us to you (see Clause 6)
7.8 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for a substantial amount of time (which shall be determined by us in our absolute discretion), you may end the contract and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.9 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 5 working days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 12.5).
- YOUR RIGHTS TO END THE CONTRACT
8.1 You can end your contract with us in the circumstances set out in Clauses 6.2 and 7.8 and in the following circumstances:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; and
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
- HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract. To end the contract with us as outlined in Clause 8.1, please let us know by calling customer services on + 92 301 828 6856 or by writing to us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 511, 5th Floor, Clifton Centre, Clifton, Karachi, Pakistan 75600 or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on + 92 301 828 6856 to arrange collection. You must send off the goods within 14 days of telling us you wish to end the contract. Costs of return shall be borne by us.
9.3 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in these terms and conditions.
- OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 working days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your measurements;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
(e) if, for circumstances outside our control, we are unable to supply the product.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1(a) – (d) we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.
- IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at + 92 301 828 6856 or write to us at firstname.lastname@example.org or 511, 5th Floor, Clifton Centre, Clifton, Karachi, Pakistan 75600.
- PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of sales tax. If the rate of sales tax changes between your order date and the date we supply the product, we may adjust the rate of sales tax that you pay.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the KIBOR rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization, without notice to you.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of Pakistan and the courts of Karachi, Pakistan shall have non-exclusive jurisdiction to settle disputes hereunder.