TERMS & CONDITIONS
GENERAL TERMS
This website is operated by Aqba Beauty. Throughout the site, the terms “we”, “us” and “our” refer to Aqba Beauty. 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”). These Terms apply to all users of the site including browsers, vendors, customers, merchants, and contributors of content. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree, you may not access or use the website or services. We reserve the right to update or change these Terms by posting updates to our website. Continued use of the website constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides the e-commerce platform.1. Online Store and Marketplace Terms
1.1 By agreeing to these Terms, you confirm you are the age of majority in your state or province, or have provided consent for any minor dependents to use the site. 1.2 You may not use our products for illegal purposes or violate any laws in your jurisdiction. 1.3 Dealers SHALL NOT promote or sell Aqba products on Amazon.com or similar marketplaces. Aqba is the only official seller on Amazon and other third-party platforms. 1.4 Products purchased outside of Aqba’s official Amazon store may not include warranties or customer service. 1.5 Warranties do not apply to purchases from unauthorized resellers, including third-party sellers on Amazon or eBay.2. General Conditions
We reserve the right to refuse service to anyone at any time for any reason. Your content (excluding credit card information) may be transferred unencrypted across networks and adapted to technical requirements. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, sell, or exploit any part of the Service without written permission from us.3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information on this site is not accurate, complete or current. Material is provided for general information only and should not be relied upon exclusively.4. Modifications to the Service and Prices
Prices may change without notice. We may modify or discontinue the Service at any time without liability.5. Products or Services
Some products may only be available online and in limited quantities. We cannot guarantee accurate color display on all monitors. We may limit sales by person, region, or jurisdiction and discontinue products at any time.6. Accuracy of Billing & Account Information
We reserve the right to refuse or cancel orders. Limits may apply to quantities per account or household. Users must provide current and accurate purchase and account details, including contact and payment info.7. Optional Tools
We may offer access to third-party tools “as is” without warranties or endorsements. Use is at your own risk. New features will also be subject to these Terms of Service.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 websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant or have liability for any third-party materials or websites. We are not liable for any harm or damages related to purchases or use of goods, services, or content from third-party websites. Please review the third-party’s policies before engaging in any transaction. Complaints or issues should be directed to the third party.9. User Comments, Feedback & Other Submissions
If you submit comments or content to us—whether requested or unsolicited—you grant us the right to use, edit, and distribute them without restriction. We are not obligated to maintain confidentiality, offer compensation, or respond to comments. We may remove or edit content that we find, at our sole discretion, to be unlawful, offensive, defamatory, or in violation of these Terms. You are responsible for the legality and accuracy of your comments. Do not impersonate others or mislead us or third parties about the origin of content.10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.11. Errors, Inaccuracies and Omissions
Occasionally there may be typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct such errors and to change or update information or cancel orders without prior notice—even after you have placed your order.12. Prohibited Uses
You are prohibited from using the site or its content for unlawful purposes or in ways that violate laws, harm others, or interfere with our service. Prohibited actions include but are not limited to fraud, discrimination, uploading malicious code, spamming, and violating intellectual property rights. We may terminate your use of the Service for violating these rules.13. Disclaimer of Warranties; Limitation of Liability
13.1 We do not guarantee uninterrupted or error-free service. The service and all products are provided “as is” without warranties of any kind, either express or implied. We are not liable for any damages resulting from your use of the service or products, including lost profits, data, or other consequential damages, except where prohibited by law. 13.2 Warranty Policy: This warranty does not apply to products purchased from unauthorized resellers, including sellers on Amazon.com or eBay. On Amazon, the warranty applies only to products sold by Aqba.14. Indemnification
You agree to indemnify and hold harmless HotHouse Beauty, its affiliates, employees, and partners from any claims or demands arising out of your breach of these Terms or violation of any law or third-party rights.15. Severability
If any part of these Terms is determined to be unlawful or unenforceable, the rest of the Terms will remain valid and enforceable to the fullest extent permitted by law.16. Termination
These Terms remain effective until terminated by either you or us. You may terminate at any time by notifying us. We may also terminate your access if you breach any part of the Terms. All obligations and liabilities prior to termination will survive.17. Entire Agreement
These Terms, along with any policies posted on this site, constitute the entire agreement between you and us, superseding any previous agreements or communications. Ambiguities in interpretation will not be construed against the drafting party.18. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the United Kingdom.19. Changes to Terms of Service
You can review the latest version of the Terms at any time on this page. We reserve the right to update these Terms by posting updates to our site. Continued use of the Service after changes are posted signifies your acceptance of those changes.20. Contact Information
Questions about these Terms of Service should be sent to us at [email protected].TRADE TERMS
Terms and conditions for the supply of goods
1. Interpretation
1.1 Definitions. In these Conditions, the following definitions apply:
- “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 as amended from time to time in accordance with clause 11.7;
- “Contract” means the agreement between the Supplier and the Customer for the sale and purchase of the Goods in accordance with and incorporating these Conditions;
- “Customer” means the person who purchases the Goods from the Supplier;
- “Force Majeure Event” has the meaning given in clause 10;
- “Goods” means the products of the Supplier (or any part of them);
- “Order” means the Customer’s written order for the purchase of Goods;
- “Supplier” means HOTHOUSE BEAUTY LIMITED (registered in England and Wales with company number 06228749).
1.2 Construction. In these Conditions, the following rules apply:
- a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- b) a reference to a party includes its personal representatives, successors or permitted assigns;
- c) a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted;
- d) 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;
- e) a reference to writing or written includes faxes and e-mails.
2. Basis of Contract
2.1 The Contract (incorporating these Conditions) constitutes the entire agreement between the parties to the exclusion of any other terms that the Customer seeks to impose or incorporate (whether written or oral), 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 quantities and types of Goods specified in the Order are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Supplier confirms acceptance of the Order, at which point the Contract shall come into existence.
2.4 A quotation for the Goods given by the Supplier shall not constitute an offer.
3. Goods
3.1 The Customer acknowledges and agrees, any samples, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are produced:
- a) for the sole purpose of giving an approximate idea of the Goods described in them; and
- b) to enable the Customer to judge the quality of the Goods;
They shall not form part of the Contract or have any contractual force. For the avoidance of doubt, the parties agree that the Contract is not a “sale by sample” agreement.
3.2 If requested by the Supplier, the Customer shall submit forecasts to the Supplier to confirm estimates of the quantities of Goods required for any future order. The Supplier and Customer acknowledge that any such forecasts are estimates only and shall not form part of the Contract until an Order is received and accepted by the Supplier.
4. Delivery
4.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the type and quantity of the Goods, and, if the Order is being delivered by installments, the outstanding balance of Goods remaining to be delivered.
4.2 The Goods shall either be delivered to the Customer’s principal place of business or such other location as the parties may agree in writing or made available for collection from the Supplier’s warehouse or such other location as the Supplier may notify to the Customer (“Delivery Location”).
4.3 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
4.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate instructions that are relevant to the supply of the Goods.
4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the direct transport costs of delivery of the Goods.
4.6 Where Goods are made available for collection by the Customer and the Customer fails to arrange collection of the Goods within 3 Business Days of the Supplier notifying the Customer that the Goods are ready…
5. Quality
5.1 The Customer acknowledges and agrees:
- a) that the Supplier has given the Customer a reasonable opportunity (pursuant to clause 5.2) to inspect the Goods;
- b) that the Customer has inspected the Goods;
- c) that, unless confirmed otherwise in accordance with clause 5.2 below, the Customer has satisfied itself as to the condition of the Goods and all Goods are in good order and condition and of satisfactory quality and fit for purpose;
- d) that all conditions and warranties express or implied (whether by statute or otherwise) are, to the fullest extent permitted by law, excluded.
5.2 The Customer shall notify the Supplier immediately, and in any event within 2 Business Days of receipt of delivery of the Goods…
6. Title and Risk
6.1 The risk in the Goods shall pass to the Customer on completion of delivery pursuant to clause 4.
6.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:
- a) the Goods; and
- b) any other goods or services that the Supplier has supplied to the Customer in respect of which payment has become due.
6.3 Until title to the Goods has passed to the Customer, the Customer shall…
7. Price and Payment
7.1 The price of the Goods shall be the price set out in the Supplier’s price list in force as at the date of delivery.
7.2 The Supplier may, by giving notice to the Customer at any time up to 10 Business Days before delivery, increase the price of the Goods…
7.3 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
7.4 The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall…
8. Termination
8.1 Without prejudice to any other right or remedy it may have, either party may terminate the Contract, by notice in writing to the other:
- a) at any time, by giving [30] days notice;
- b) immediately, if the other party is in breach of the Contract…
- c) immediately where a Force Majeure Event has prevented a party…
- d) immediately if the other party becomes insolvent…
8.2 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination…
9. Limitation of Liability
9.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
- a) death or personal injury caused by its negligence…
- b) fraud or fraudulent misrepresentation;
- c) defective products under the Consumer Protection Act 1987…
- d) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
9.2 Subject to clause 9.1…
10. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure…
11. General
11.1 Assignment and subcontracting
- a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- b) The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
11.2 Notices
- a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing…
- b) A notice or other communication shall be deemed to have been received…
12. Amazon
Dealers SHALL NOT promote, market, advertise, offer to sell, or sell any aqba branded products through any Amazon marketplace.