Terms and Conditions

This agreement applies as between you, the User of this Website and Skinsentials, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

Account”

means collectively the personal information, Payment Information and credentials
used by Users to access Paid Content and / or any communications System on the
Website;

“Carrier”

means any third party responsible for transporting purchased Goods from our
Premises to customers;

“Content”

means any text, graphics, images, audio, video, software, data compilations and
any other form of information capable of being stored in a computer that appears
on or forms part of this Website;

“Goods”

means any products that Skinsentials advertises and  / or makes available for
sale through this Website;

“Skinsentials”

means Skinsentials Skincare Store, 4 Evergreen Way, Marton in Cleveland,
Middlesbrough, Cleveland, TS8 9ZD, United Kingdom;

“Service”

means collectively any online facilities, tools, services or information that
Skinsentials makes available through the Website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Website.  This
includes, but is not limited to, credit / debit card numbers, bank account numbers
and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that
may be in hard copy or electronic form;

“Premises”

Means our place of business located at 4 Evergreen Way, Marton in Cleveland,
Middlesbrough, Cleveland, TS8 9ZD, United Kingdom;

“System”

means any online communications infrastructure that Skinsentials makes available
through the Website either now or in the future.  This includes, but is not limited to,
web-based email, message boards, live chat facilities and email links;

“User” / “Users” 

means any third party that accesses the Website and is not employed by Skinsentials
and acting in the course of their employment

“Website” 

means the website that you are currently using (www.skinsentials.co.uk) unless
expressly excluded by their own terms and conditions.

  1. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

  1. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

  1. International Customers

If Goods are being ordered from outside Skinsentials’s country of residence (UK), import duties and taxes may be incurred once your Goods reach their destination.  Skinsentials is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Skinsentials cannot guarantee that the packaging of your Goods will be free of signs of tampering.

  1. Intellectual Property

5.1           Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Skinsentials, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2           Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Skinsentials.

  1. 6.             Third Party Intellectual Property

6.1           Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2           Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Skinsentials or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.skinsentials.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Skinsentials.  To find out more please contact us by email at sales@skinsentials.co.uk.

  1. Use of Communications Facilities

10.1        When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

10.1.1   You must not use obscene or vulgar language;

10.1.2   You must 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;

10.1.3   You must not submit Content that is intended to promote or incite violence;

10.1.4   It is advised that submissions are made using the english language as we may be unable to respond to enquiries submitted in any other languages;

10.1.5   The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6   You must not impersonate other people, particularly employees and representatives of Skinsentials or our affiliates; and

10.1.7   You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2        You acknowledge that Skinsentials reserves the right to monitor any and all communications made to us or using our System.

10.3        You acknowledge that Skinsentials may retain copies of any and all communications made to us or using our System.

10.4        You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

  1. Accounts

11.1        In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:

11.1.1   all information you submit is accurate and truthful;

11.1.2   you have permission to submit Payment Information where permission may be required; and

11.1.3   you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

11.2        It is recommended that you do not share your Account details, particularly your username and password.  Skinsentials accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3        If you have reason to believe that your Account details have been obtained by another without consent, you should contact Skinsentials immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Skinsentials accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4        When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

  1. Termination and Cancellation

12.1        Either Skinsentials or you may terminate your Account.  If Skinsentials terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2        If Skinsentials terminates your Account, any current or pending purchases on your Account will not be cancelled and will not be dispatched.

12.3        Skinsentials reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4        If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

12.5        If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

  1. Goods, Pricing and Availability

13.1        Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Skinsentials correspond to the actual Goods, Skinsentials is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

13.2        Where appropriate, you may be required to select the required [size] [colour] [number] [other features] of the Goods that you are purchasing.

13.3        Skinsentials does not represent or warrant that such Goods will be available.  Stock indications are not provided on the Website.

13.4        All pricing information on the Website is correct at the time of going online.  Skinsentials reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated every weekly.

13.5        In the event that prices are changed during the period between an order being placed for Goods and Skinsentials processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.6        All prices on the Website do not include VAT.

  1. Delivery

14.1        Skinsentials will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.2        If Skinsentials receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in satisfactory order.

  1. Returns Policy

Skinsentials aims to always provide Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.

15.1        If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 3 days to arrange return or replacement.  Skinsentials will be responsible for paying shipment costs if the fault is ours.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used, when you purchased the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods in satisfactory condition, unopened and unused.  SkinSentials will not refund or replace a product that have been opened, tested or used.

15.2        If any Goods you have purchased have faults when they are delivered to you, you should contact Skinsentials within 3 days to arrange return or replacement.  Skinsentials will be responsible for paying shipment costs if the fault is ours.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods in satisfactory condition, unopened, untested and unused  the price of the Goods, as paid by you, will be refunded to you through the payment method used when purchasing the Goods.

15.3        If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

15.4        If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to Skinsentials within 3 days to arrange return or replacement.  Skinsentials will claim compensation up to the insured value of the damaged product.  Skinsentials will need you to take photos of the damaged goods and email it to us. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.5        You have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 3 working days after the Goods have been delivered.  If you change your mind about the goods within this period, please notify skinsentials first before returning the item.  You are responsible for paying the shipment costs with tracked and signed postage if Goods are returned for this reason.

15.6        If you wish to return Goods to Skinsentials for any of the above reasons, please contact us at sales@skinsentials.co.uk to make the appropriate arrangements.

15.7        Skinsentials reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

15.7.1   Any use or enjoyment that you may have already had out of the Goods;

15.7.2   Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

15.7.3   Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

  1. Privacy

Use of the Website is also governed by our <<Privacy Policy [add html code to make this into a link]>> which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.

  1. Disclaimers

17.1        Skinsentials makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2        No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3        No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4        Whilst Skinsentials uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  1. Changes to the Service and these Terms and Conditions

Skinsentials reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If Skinsentials is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website

19.1        The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2        Skinsentials accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Limitation of Liability

20.1        To the maximum extent permitted by law, Skinsentials accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

20.2        Nothing in these Terms and Conditions excludes or restricts Skinsentials’s liability for death or personal injury resulting from any negligence or fraud on the part of Skinsentials.

20.3        Nothing in these Terms and Conditions  excludes or restricts Skinsentials’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

20.4        Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Skinsentials.

  1. Communications

24.1        All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales@skinsentials.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2        Skinsentials may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.

  1. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Skinsentials shall be governed by and construed in accordance with the Law of England and Wales and Skinsentials and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.

Website access

1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.

Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Website uptime

1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

Visitor provided material

1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.7 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.

Links to and from other websites

1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.

1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

Exclusion of liability

1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.

1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Law and jurisdiction

These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.