- “Seller/we/our/us/Beaut Essentials” means Beaut Essentials, (Oldtown, Culdaff, Co Donegal Ireland.) (registered in the Republic of Ireland, company registration no 624589) and the company’s website beautessential.com.
Trading and delivery address:
Unit 1, The Glassworks,
Skeoge Business Park,
11 Beraghmore Road
Derry BT48 8SE
Any goods which are to be returned should be sent to the above address.
- “Customer” means the person or company to whom this document is addressed.
- “International Customer” shall mean, “Customer” from outside the Ireland.
- “Website” shall mean, beautessenetial.com or any other subdomains of www.beautessential.com which may be accessible unless expressly excluded by their own terms and conditions.
- “Online Store” shall mean the method by which the Customer browses and purchases the products from Beaut Essential, being the Website.
- “Order” shall mean the submission of an order for products on the “Online Store” by the “Customer”
- Company Details
Address: Oldtown, Culdaff, Co. Donegal
Trading Address: Unit 1 The Glassworks, Skeoge Business Park, 11 Beraghmore Rd, Derry BT48 8SE
Phone: +44 2871 359342
- The content of this website is provided for information purposes and Beaut Essential accept no liability for economic loss or damage of any kind relating to the use of this website.
- All information is correct as at the date of publication. We reserve the right to change, move or delete any portion of this website at any time.
- All material on this website (text and images) is the property of Beaut Essential or is made available for Beaut Essential’s use under license and may not be copied, distributed, modified or published, in whole or in part, without the express written permission of Beaut Essential.
- Any links to external websites do not indicate our endorsement of the content of such sites and we accept no liability for loss or damage as a result of linking to these sites.
- Websites wishing to link to this website must obtain the prior permission of the company.
These terms and conditions are applicable to the supply of products by the Seller, hereafter referred as Beaut Essential, to the buyer hereafter referred as the Customer.
- We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goodsare subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.To ensure that your credit, debit, or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Acts 1988 and 2003.The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:b) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.Payment can be made by any method specified in the payment section.
Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
All prices are shown in € / euro and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Delivery information for further details including Express delivery charges).
Returns, Cancellations and Substitutions
In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and refunds section.
Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Returns and refunds page for further details).
All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.
- Any discount or other promotional codes issued by Beaut Essential from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Certain brands or products may be excluded and you will not be able to use any discount codes in respect of such brands/products.
- We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order).
- Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential and the Customer shall not share this with any other person.
Passing of Property
- Beaut Essential shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by Beaut Essentials.
- All Orders are subject to acceptance and availability. Upon placing an Order with Beaut Essential, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by Beaut Essential.
- Order acceptance and the creation of the contract between Beaut Essential and the Customer will start at the time the products are despatched from Beaut Essential’s warehouse to be delivered to the address supplied by the Customer.
- The Products shall be owned by you once we have dispatched. The Customer shall inspect the goods within a reasonable time after their receipt.
- Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 2 working days. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 30 days after the date we accept your order.
- If there are delays in the delivery caused by the supplier, the carrier or any other third party then Beaut Essentials will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay. If there is a substantial delay you may end the contract using the procedure at clause 10 below and will be entitled to receive a refund for any products you have paid for but not received.
- We deliver throughout the UK and Ireland, subject to our absolute discretion. However there are restrictions on some goods for certain International Delivery Destinations which may arise after order has been placed.
- If you order goods from the Online Store for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
- If Beaut Essential deliver your products late then you may treat the order as at an end in any of the following circumstances: if Beaut Essential have refused to deliver the goods, if delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or if you told Beaut Essential before the order was accepted that delivery within the delivery deadline was essential. If you do not want to end the order, you can set another delivery deadline (which must be reasonable) and end the order if Beaut Essential don’t meet the new order deadline. Otherwise, you can cancel the order and we will refund any amounts paid for the products and delivery.
- Where products have been delivered, you must return these to Beaut Essential at the address above and we will refund the costs of such .
- All Orders will be delivered using the service as detailed at the time of ordering. Further details regarding delivery methods and services can be found at . Beaut Essential has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your order. The Customer must request any other delivery method at the time of order.
Passing of Risk
- Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Beaut Essential accepts no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified following our reasonable efforts to contact you to deal with this.
- In the event of an order being lost by a third party which has either been authorised by you to accept the products or a courier commissioned by you to deliver the products, Beaut Essential bears no risk once it has been delivered to the final address. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by email or otherwise in writing. You may then be required to return the goods together with their original packaging to the Beaut Essential trading address.
- Where the goods are signed for, the customer bears the risk once the goods are signed for. If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods (for the avoidance of doubt, signature for the parcel does not affect your rights Under Consumer protection Act 2007.
- (Please see Returns Procedure).
- If the goods are to be rejected, the Customer shall comply with the return procedure as defined in this clause 10. Beaut Essential will not accept any returned goods should the return not follow the return procedure.
- The Customer must follow the returns policy set out. This requires emailing Beaut Essentials firstname.lastname@example.org to notify their intention to return any goods.
- In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund within 30 days of the date of delivery of the products. The Customer must notify Beaut Essential within 30 days of delivery and return the product to Beaut Essential before the refund can be issued.
- We will examine the returned product and will notify you of and process your refund within 14 days. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- In cases where rejection of products is due to a defect or misdescription, in addition to the right at clause 10.3 above, for up to 6 months following the date of delivery, the Customer shall be entitled to a refund (at our discretion). You must notify us that a refund is required in accordance with our returns policy and return the product to us.
- A summary of your key legal rights can be found on the Consumers Association of Ireland.
- In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction (where we are not at fault), the Customer is entitled to a partial refund (full refund of the goods less any postage costs), unless the order is cancelled within the cooling off period in accordance with clause 64, in which case a full refund will be given. However, the Customer will be responsible for the cost of returning the item to Beaut Essential. Goods must be returned to Beaut Essential before the partial refund can be issued.
- If any problems with your products cannot be satisfactorily resolved through our returns procedure, you may to contact the Consumer Protection Commission.
- In cases where you wish to cancel due to something we have done or are going to do, you should notify us in accordance with our returns procedure and we will refund you in full for any products not provided (including delivery costs). You may also be entitled to compensation. This includes the following:
- Beaut Essential have told you about an upcoming change to the product or these terms which you don’t agree to;
- Beaut Essential have told you about an error in the price or description or the product and you don’t want to proceed;
- Delivery of the products has been substantially delayed by an event outside of our control; and
- The Customer has a legal right to end the order because of something Beaut Essential has done.
- Where the Customer wishes to return a Product it must either return them in person, post them back to Beaut or (only if they are not suitable for posting) allow us to collect them from you.
- Cancellations which are not due to a defect or discrepancy are only accepted if the Customer complies with the following cancellation procedure and then follows the Returns Procedure.
- Within 14 days after receipt of the goods, the Customer must contact Beaut Essential in writing via the contact details above and, following which, they must be returned to us within 14 days of you telling us you want to change your mind. The goods must be ‘as new’ and unused, in original undamaged packaging, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to Beaut Essential. Beaut Essential will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase and will be entitled to deduct an amount reflecting any such reduction in value due to your use. Any refund will be made within 14 days of receipt of the Customer’s returned products.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
- We only supply the products for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Defective products under the Under the Sale of Goods and Supply of Services Act 1980.
- As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from Consumers Association of Ireland. Nothing in these Terms will affect these legal rights.
- The Customer shall respect all licence agreements delivered by the copyright owners. Beaut Essential cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
- All trademarks shown on beautessential.com belong to their registered owners and must not be copied without prior permission.
- You must not use any part of the materials on the Online Store for commercial purposes without obtaining a licence to do so from us or our licensors.
- Whenever you submit a review or make use of another feature that allows you to upload material to the Online Store, or to make contact with other users of the Online Store, you warrant that you will be accurate and that you will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. You warrant that any such contribution complies with those standards and that you own or otherwise control all of the rights to the content that you post, that such post shall not breach or infringe the rights of any third party and you indemnify us for any breach of these warranties.
- Any material you upload to the Online Store wil2l be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
- We have the right to use the name that you submit in connection with such content and to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Online Store constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Online Store.
- We have the right to remove any material or posting you make on the Online Store if, in our opinion, such material does not comply with the content standards set out above.
- Customers from outside the ROI in Euro unless otherwise specified, although the Online Store may show the value of the Product in your local currency, the exchange rate at the date of purchase shall apply such that payment is received by Beaut Essentials in Euro. All other terms and conditions apply.
- Purchasing Gift Cards
- All Gift Card values can only be purchased and redeemed in Euro.
- Your Gift Card will be sent instantly following our receipt of payment to the email address specified when ordering and will be available for redemption within 48 hours.
- Gift Cards cannot be purchased using another Gift Card, a discount voucher or other such promotional codes.
Changes to Terms & Conditions
- We reserve the right to change these terms and conditions at any time but will notify you in advance of such changes.
Law and Jurisdiction
- These terms and conditions are governed and shall be interpreted in accordance with The Sale of Goods and Supply of Services Act 1980 and shall be subject to the non-exclusive jurisdiction of the courts of Ireland Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.
- Reference on legal systems – https://thecai.ie/your-rights/your-rights/know-your-rights/
Who we are
We are Beaut Essential (CRO: 624589) (“Beaut Essentials”, “we”, “our” and “us”) and we are the company that collects your personal data and controls how it will be used (the “data controller”).
Scope of this policy
We are committed to respecting your privacy and protecting the personal data you share with us and that we collect about you. This policy tells you about how we use the personal data we collect about you when you use our website and app. It also provides more information about your privacy rights and how the law protects you.
How do we collect your personal data, what do we collect and what do we do with it?
We have set out below the personal data we may collect from you during your use of our website and how this is used by Beaut Essential:
We collect your full name, title, address, email address, phone number and date of birth (should you choose to provide it) when you register for an account with us.
What do we do with it?
Register your account with us. Store your details so it is easier for you to login/order on your next visit. Process and deliver any orders you place with us. Check you are old enough to use our website. Send you updates about our services (including updates to our terms and policies). To send our latest information and news to you by email and/or SMS (unless you tell us you do not want us to).
We collect your email address when you register to receive our news and latest information by email.
What do we do with it?
To ensure you receive all the latest news and information about our new product releases, offers, discounts and events.
We collect your full name, title, delivery address, billing address, email address, phone number and payment details when you order products from our website and.
Process your order and payment. Deliver this to you and deal with any returns, refunds or customer services enquiries. We may also use your email address and phone number to send you our latest news and information by email and/or SMS (unless you tell us that you do not want us to).
Details of your previous orders, browsing history on our website and products stored in your wish list.
Analyze what products/offers we think you will like, suggest these to you via your account, display adverts to you when you are browsing third party websites and social media and send you information about these by email and/or unless you tell us not to.
Your name, email address and any other information you include in your message when you send us a message with a comment or question on our website, by post, email, WhatsApp, phone or on any of our social media pages (Facebook, Twitter, Instagram, Pinterest or YouTube).
To deal with your comment/question and contact you about this, if necessary.
Your name, email address and any other information you provide to us when you take part in any competition we operate on our website or any of our social media sites.
Enter you into the competition and with your consent, to send you details of our products, offers and events which we think will be of interest to you by email or SMS.
Technical information about your computer, tablet or phone (including your IP address, screen resolution, browser type, operating system software type and device type.
To enable you to store your preferences on your device (so you can, for example, save your login details and your preferred language). To display adverts to you about our products and offers which we think you might like when you are browsing other sites. To analyse whether you enjoy reading the communications we send to you (by checking whether you have opened these or taken advantage of any of the offers in them). To improve our website so it is easier to use for our customers.
We may also collect, use and share data relating to you which is not “personal data”, such as demographic data or details of your typical use of our website. You can’t be identified from this information. We will use this information, for example, to improve our website, tailor our marketing strategy and help us stock products we think you will like.
Our lawful basis for what we do with your personal data. We will never use your personal data unlawfully. We have set out below our lawful basis for the various ways we use your personal data:
Creating and maintaining your account.
Performing our contract with you. Some of this information will also be required for legal reasons such as fraud prevention.
Processing and delivering orders to you and dealing with returns, refunds and other customer service queries.
Performance of our contract with you (we need to do this to provide our products to you). Some of this information will also be required for legal reasons such as fraud prevention and for our legitimate interests of defending against any claims made against us.
Sending you details of our products, offers and events by email or SMS.
Our legitimate interests of communicating with our customers to tell you about our new products, offers and events and growing our .
Displaying our products and offers we think will be of interest to you on our site and third party sites (including your social media accounts).
Analysing your purchase and browsing history, wish list and engagement with our communications.
Our legitimate interests of ensuring that we are targeting our customers effectively which means that you do not receive news and information we don’t think you’re interested in and we can ensure that we are creating the best possible experience for our customers so they keep coming back to us.
Dealing with your comments/questions (where these are not related to a specific order).
Our legitimate interests of ensuring we provide the best possible customer service.
Improving and securing our website.
Legal requirement of preventing fraud and our legitimate interests of ensuring that our website works effectively, is secure and reflects our customers’ browsing habits.
Administering our competitions.
Performance of our contract with you (we need to use the information to enter you into our competition and tell you if you have won).
Where you have made a purchase from our website we want to make sure that you are kept up to date with all the latest products, events and offers available on our website so will send you messages by email and/or SMS unless you tell us that you do not want to continue receiving these messages by “opting out” or contacting us at email@example.com.
Sharing of Personal Data
We do not sell your personal data to any third parties. We may share your personal data with our carefully selected third party service providers who help us provide our services to you, including:
- Our logistics/warehouse service provider.
- Our couriers and similar delivery companies.
- Our payment providers.
- Our professional partners, including our marketing agencies and website hosts.
- Our IT and technical service providers.
In certain circumstances we may also need to share your personal data with our legal advisers, bankers, auditors and insurers and our regulators, including Office of Revenue and with any third parties to who we choose to sell or transfer any part of our business or assets.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to use your personal data for specified purposes and in accordance with our instructions.
We do not transfer your personal data outside of the European Economic Area (EEA) unless you make a purchase from or are based in a country outside of the European Economic Area.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such information. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Our website may include links to third-party websites, plugins and apps. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website and app you visit.
How long will we keep your information for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
We will retain your name, email address, address, phone number, date of birth, gender, details of previous purchases, searches and items saved in your wish list, which we collect when you hold an account with us for such time as you continue to hold an account with us.
We will retain your name, email address, delivery address and billing address which you provide to us when you make a purchase on our website and all our correspondence with you for seven years following your last purchase or contact.
We will treat your payment information in line with the PCI DSS standards which are recognised worldwide.
Where you register to receive our latest news, products and offers, we will keep your contact details (generally your email address and/or phone number) for such time as you wish to continue to receive such updates from us. We monitor how you engage with our emails and other electronic messages, and if you don’t open an email or message for 12 months you’ll automatically fall into a 30 day inactive program. If you’re still not active on email or messaging following this period, we’ll retire your contact details and stop contacting you with marketing. Alternatively you can “opt out” to stop receiving marketing emails within 24 hours.
We may need to retain your personal data for other purposes, e.g. operating your account or dealing with any enquiry you have made.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the following:
The right to request access to personal data we are holding about you.
The right to request that the personal data we are holding about you be updated/corrected.
The right to request erasure of the personal data we hold about you.
The right to object to our processing of your personal data on the basis of our legitimate interests.
The right to object to processing for direct marketing.
The right to request that we restrict our processing of your personal data.
The right to request that your personal data be transferred to you or another provider.
The right to withdraw your consent to our processing (where we are relying on your consent).
If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org.
You also have the right to make a complaint to your data protection regulator (in ROI, this will be the Consumer Protection Commission) but please contact us first before escalating your complaint.
If you have any questions about this policy or the personal data we collect about you, please contact us at email@example.com.
Changes to this Policy
We may change this policy from time to time to reflect how we are processing your personal data so you should review this policy regularly. If we make any significant changes to the policy we will contact you to let you know.
The following cookies are in use:
Necessary cookies that are required for the operation of our website. They include cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services ect.
- Analytical/performance cookies that allow us to count and recognise the number of visitors to our site. They also show us how visitors move around our website helping us to improve the way our website works.
- Functionality cookies are used to recognise when you return to our website. Helping us to personalise our content for you, personalise greetings and remember your preferences (your choice of language or region ect.).
- Targeting cookies record your visit to our website, the pages you have visited and the links you followed. This information is used to make our website and displayed advertising relevant to you. We may share this information with third parties for this purpose.
- Continuous use of our website without alteration of your settings will assume consent of the use of these cookies.
- You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Please note, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
- We also use third-party services such as social media links and button services that often store their own cookies.
Requirements and Regulations
Cosmetic and related legislation is enforced by National Standards Authority of Ireland.
National Standards Authority of Ireland
- Swift Square
Santry, Dublin 9, Ireland D09 A0E4.
The rules and regulations
In the European Union (EU), the manufacture of cosmetics is governed by the EU Cosmetics Regulation((EC) No. 1223/2009).
This Regulation and its amendments are directly applicable in all 27 EU countries.
Distributors Requirements – Guidance PDF in Folder
Distributors have specific obligations established under Article 6 of the Regulation. They should verify that the name & address of the RP, the batch number, and the list of ingredients are labelled on pack and, if applicable, any ‘off pack ingredient notice’ accompanying the product. Before supplying the product to any EU / EEA country, they must ensure that the product complies with the language requirement established by the relevant national law. They should not supply cosmetic products that have passed their minimum durability date. In certain situations, distributors should take appropriate measures, and communicate with Competent Authorities and the RPs.
In certain circumstances, they have an obligation to notify cosmetic products on the Cosmetic Product Notification Portal (). This notification must be carried out when marketing a product in a new member state and translating the label on their initiative.
Distributors are not required to assess the safety of cosmetics by checking or asking to see the PIF or requesting a proof that the product has been notified via the CPNP. The is the one that should guarantee that the product is safe and makes the PIF accessible to the Competent Authority.
REGULATION (EC) No 1223/2009 (See PDF file for complete Regulations)
Articles Retaining to Distributors not classified as ‘Responsible Persons’
‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a cosmetic product available on the Community market;
The distributor shall be the responsible person where he places a cosmetic product on the market under his name or trademark or modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected.
The translation of information relating to a cosmetic product already placed on the market shall not be considered as a modification of that product of such a nature that compliance with the applicable requirements of this Regulation may be affected.
Obligations of distributors
In the context of their activities, when making a cosmetic product available on the market, distributors shall act with due care in relation to applicable requirements.
Before making a cosmetic product available on the market distributors shall verify that:
the labelling information provided for in Article 19(1)(a), (e) and (g) and Article 19(3) and (4) is present,
the language requirements provided for in Article 19(5) are fulfilled,
the date of minimum durability specified, where applicable under Article 19(1), has not passed.
Where distributors consider or have reason to believe that:
a cosmetic product is not in conformity with the requirements laid down in this Regulation, they shall not make the product available on the market until it has been brought into conformity with the applicable requirements,
a cosmetic product which they have made available on the market is not in conformity with this Regulation, they shall make sure that the corrective measures necessary to bring that product into conformity, withdraw it or recall it, as appropriate, are taken.
Furthermore, where the cosmetic product presents a risk to human health, distributors shall immediately inform the responsible person and the competent national authorities of the Member States in which they made the product available, giving details, in particular, of the non-compliance and of the corrective measures taken.
Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in this Regulation.
Distributors shall cooperate with competent authorities, at the request of the latter, on any action to eliminate the risks posed by products which they have made available on the market. In particular, distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product with the requirements listed under paragraph 2, in a language which can be easily understood by that authority.
Identification within the supply chain
At the request of a competent authority:
responsible persons shall identify the distributors to whom they supply the cosmetic product,
the distributor shall identify the distributor or the responsible person from whom, and the distributors to whom, the cosmetic product was supplied.
This obligation shall apply for a period of three years following the date on which the batch of the cosmetic product was made available to the distributor.
Non-compliance by distributors
Competent authorities shall require distributors to take all appropriate measures, including corrective actions bringing the cosmetic product into conformity, the withdrawal of the product from the market or its recall, within a given reasonable time limit, commensurate with the nature of the risk, where there is non-compliance with obligations laid down in Article 6.
Consumer Protection Act 2007
|“Advertisement” includes any form of advertising or marketing;|
|“Agency” means the National Consumer Agency established by section 7 ;|
|“Authorized officer” means a person appointed under section 30 ;|
|“Chief executive” means the chief executive officer of the Agency;|
|“Code of practice” means any code, agreement or set of rules or standards that is not imposed by or under an enactment but purports to govern or define commercial practices of one or more traders (whether generally or in respect of a particular trade, business or professional sector or one or more commercial practices) who agree, commit or undertake to abide or be bound by such rules or standards;|
|“Commercial practice” means any conduct (whether an act or omission), course of conduct or representation by the trader in relation to a consumer transaction, including any such conduct or representation made or engaged in before, during or after the consumer transaction;|
|“Consumer” means a natural person (whether in the State or not) who is acting for purposes unrelated to the person’s trade, business or profession;|
|“Consumer transaction” means a promotion or supply of a product to a consumer;|
|“Contravene”, in relation to a provision, includes fail to comply with the provision;|
|“Directive” means Directive No. 2005/29 / EC of the European Parliament and of the Council of 11 May 2005 1 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450 / EEC, Directives 97/7 / EC, 98/27 / EC and 2002/65 / EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council;|
|“Director” means the Director of Consumer Affairs;|
|“Enactment” means an Act (within the meaning of the Interpretation Act 2005 ) or any instrument made under a power conferred by an Act (within that meaning);|
|“Establishment day” means the establishment day appointed under section 6 ;|
|“Existing enactments” means the following enactments, to the extent to which those enactments confer functions on the Director which are transferred to the Agency pursuant to section 37 :|
|( a ) food legislation, within the meaning of the Food Safety Authority of Ireland Act 1998 ;|
|( b ) the enactments specified in Part 1 of Schedule 1 and any instruments made under those enactments for the time being in force; and|
|( c ) the regulations made under the European Communities Act 1972 for the time being in force specified in Part 2 of Schedule 1 ;|
|“Financial year” means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Agency, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;|
|“Goods” means real or personal property of any nature or description, and includes-|
|( a ) ships, aircraft or other vehicles,|
|( b ) animals,|
|( c ) minerals, trees or crops, whether on, under or attached to land or not,|
|( d ) gas, electricity or water,|
|( e ) computer software,|
|( f ) tickets or like evidence of a right to be in attendance at a particular place at a particular time or times or a right of transportation,|
|( g ) any voucher, coupon or other document or thing intended to be used as a substitute for money in the payment, in whole or in part, for a product or otherwise exchanged for a product, and|
|( h ) any description of interest (present or future, vested or contingent) or obligation arising out of or incidental to goods;|
|“Goods or services” means goods or services or both;|
|“Invitation to purchase” means a representation by the trader in a consumer transaction that-|
|( a ) indicates characteristics of the product and includes its price, and|
|( b ) enables the consumer to purchase the product;|
|“Minister” means the Minister for Enterprise, Trade and Employment;|
|“Prescribed” means prescribed by regulations made by the Minister;|
|“Product” means goods or services;|
|“Public body” means-|
|( a ) a board, authority or other body, other than a company under the Companies Acts, established by or under statute;|
|( b ) a company under the Companies Acts in which all the shares are held-|
|(i) by or on behalf of a Minister of the Government, or|
|(ii) by directors appointed by a Minister of the Government;|
|( c ) a company under the Companies Acts in which all the shares are held by a board, authority or body referred to in paragraph (a) or by a company referred to in paragraph (b) ;|
|“Purchase” means to buy, obtain or acquire by any method and includes accept, receive, be vested with, lease, take possession, control or occupation of, and agree to do any of those things (but does not include expropriate);|
|“Relevant State” means a state that is a contracting State to the EEA Agreement within the meaning of the European Communities (Amendment) Act 1993 ;|
|“Relevant statutory provisions” means-|
|( a ) existing enactments,|
|( b ) the Merchandise Marks Act 1970 and any instruments made under that Act for the time being in force,|
|( c ) certain provisions of the Prices Act 1958 referred to in section 92 and the enactments specified in subsection (1) (a) to (e) of that section to the extent to which they remain in force for the purposes of this Act,|
|( d ) the enactments specified in subsection (1) (a) to (c) of section 93 , and|
|( e ) this Act and any instrument made under this Act for the time being in force;|
|( a ) any oral, written, visual, descriptive or other representation by a trader, including any commercial communication, marketing or advertising, and|
|( b ) any term or form of a contract, notice or other document used or relied on by a trader in connection with a consumer transaction;|
|“Services” means any service or facility provided for gain or reward or otherwise than free of charge, including, without limitation-|
|( a ) services or facilities for-|
|(i) banking, insurance, grants, loans, credit or financing,|
|(ii) amusement, cultural activities, entertainment, instruction, recreation or refreshment,|
|(iii) accommodation, transport, travel, parking or storage, or|
|(iv) the care of persons, animals or things,|
|( b ) membership in a club or organization or any service or facility provided by the club or organization, and|
|( c ) any rights, benefits, privileges, obligations or facilities that are, or are to be provided, granted or conferred in the course of services,|
|but does not include services provided under a contract of employment;|
|“Supply”, in relation to the supply of goods or services to a consumer, includes-|
|( a ) sell, lease, take by way of mortgage or other security, assign, award by chance or otherwise effect a disposition of,|
|( b ) offer or agree to supply or expose or display for supply;|
|( a ) a person who is acting for purposes related to the person’s trade, business or profession, and|
|( b ) a person acting on behalf of a person referred to in paragraph (a) ;|
|“Transactional decision” means, in relation to a consumer transaction, any decision by the consumer concerning whether, how or on what terms to do, or refrain from doing, any of the following:|
|( a ) purchase the product;|
|( b ) make payment in whole or in part for the product;|
|( c ) retain or return the product after its purchase;|
|( d ) dispose of the product;|
|( e ) exercise a contractual right in relation to the product;|
|“Voluntary body” means-|
|( a ) a body corporate, or|
|( b ) an unincorporated body of persons,|
|other than a public body.|
|(2) In this Act, “the average consumer” has the meaning assigned to it in the Directive, and when applied in relation to a particular commercial practice or product of a trader-|
|( a ) if the commercial practice or product is directed at a particular group of consumers, the expression shall be read as “the average member of that group”, and|
|( b ) if the commercial practice or the product is a practice or product that would be likely to materially distort the economic behaviour only of a clearly identifiable group of consumers whom the trader could reasonably be expected to foresee as being particularly vulnerable because of their mental or physical infirmity, age or credulity, the expression shall be read as “the average member of that vulnerable group”.|
|(3) A word or expression that is used in this Act and is also used in the Directive shall have in this Act the same meaning as it has in the Directive.|
|(4) A court shall construe this Act in a manner that gives effect to the Directive, and for this purpose the court shall have regard to the provisions of the Directive, including its preambles.|
|(5) Notwithstanding Article 3 (10) of the Directive but subject to sections 5 to 6A (inserted by section 99 ) of the Hallmarking Act 1981 , Part 3 applies to commercial practices relating to indications of the standard of fineness of articles of precious metal .|