Business Day: a day (other than a Saturday, Sunday or public holiday) in England, when banks in London are open for business.
Cloud Nine: Master Distributor Limited (trading as Cloud Nine) a company registered in England and Wales (company registration number is 07079855) with registered office at Sanderson House, Station Road, Horsforth, Leeds LS18 5NT.
Conditions: the terms and conditions set out in this document.
Contract: the contract between Cloud Nine and the Customer for the sale and purchase of Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from Cloud Nine.
Delivery Location: has the meaning given in clause 4.3.
Eligibility Criteria: a National Vocational Qualification (NVQ) Level 2 in Hairdressing and/or a membership of the National Hair & Beauty Federation (NHBF).
Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control.
Goods: the goods (or any part of them) set out in the Order, including Professional Use Products and/or Salon Retail Products as appropriate.
Hair Salon: the physical business premises at which the Customer provides services and may sell products to members of the public.
Hair Stylist: a professional providing services from a Hair Salon and who meets the Eligibility Criteria.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the Customer’s order for products, as set out in the Customer’s online order form, the Customer’s email order or the order given by the Customer to Cloud Nine by telephone, as the case may be.
Professional Use Products: White Label, Sericite or other products sold for exclusive use by Hair Stylists.
Salon Retail Products: products supplied for the Customer’s retail sale to consumers in a Hair Salon.
- 1.2.1 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- 1.2.2 a reference to a party includes its personal representatives, successors and permitted assigns.
- 1.2.3 a reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
- 1.2.4 any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition phrase or term preceding those terms.
- 1.2.5 a reference to writing or written includes email but not fax.