1.1 These are the Terms and Conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or have any questions or concerns, please contact us to discuss.
2.1 We/Us are Dermapure Limited a company incorporated and registered in England and Wales under company number 05660388 and whose registered office is 1 Paper Mews, 330 High Street, Dorking, Surrey RH4 2TU. Our registered VAT number is 892120532. We are licensed distributors of Hush & Hush.
2.2 You can contact us on 01932 339 160 or by writing to us at email@example.com or Unit 2, Trade City, Avro Way, Brooklands, Weybridge, Surrey KT13 0YF.
2.3 If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product or products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4.1 The images of the products on our website are for illustrative purposes only and therefore products may vary slightly from their pictures.
4.2 The packaging of the product may vary from that shown in images on our website.
YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
6.1 We may change our products:
6.1.1 to reflect changes in relevant laws and regulatory requirements which may for example involve us substituting an ingredient in our products or changing the information on its packaging; and
6.1.2 to implement minor technical adjustments and improvements.
PROVIDING THE PRODUCTS
7.1 The cost of delivery is displayed at the time of order. If you have any queries regarding delivery charges, please contact us.
7.2 Please allow 2 to 4 business days for delivery (subject to stock availability). We deliver products using a 24hr courier service with our elected courier at the time of order. We will deliver the ordered products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We can’t be held responsible if this takes place. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox or left in a safe place, our elected courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not collect the products from our elected courier as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot you may be charged any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 You have legal rights if we deliver any ordered products late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
7.6.1 we have refused to deliver the goods;
7.6.2 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the products or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums, you have paid to us for the cancelled goods and their delivery. If the products have been delivered to you, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the information shown in section 2.2.
7.9 Product(s) will be your responsibility from the time we deliver the product(s) to the address you gave us.
7.10 You own a product once we have received payment in full.
7.11 We may need certain information from you so that we can supply the products to you, for example, name, contact details, payment processing information and health related matters. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 10.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.12 We may have to suspend the supply of a product to:
7.12.1 deal with technical problems or make minor technical changes;
7.12.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.12.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it for a period of 3 consecutive weeks, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 If you do not pay us for the products when you are supposed to (see clause 12.4), we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or not as it was described you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but not if you have opened or used the product (unless there is a fault) this may be subject to deductions, and you will have to pay the costs of return of any products;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 If you are ending a contract for a reason set out at (8.2.1) to (8.2.5) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 consecutive months; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).
8.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes once these have been unsealed after you receive them.
8.5 You have 14 days after the day you (or someone you nominate) receives the products unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6 Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the product(s) is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
HOW TO END THE CONTRACT WITH US
9.1 Toend the contract with us, please let us know by
9.1.1 Contact us using the details provided in Section 2.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.3 By post – Write to us at the address shown in section 2.2 including details of what you bought, when you ordered or received it and your name and address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us to the address shown in section 2.2 or allow us to collect them from you. Please contact us via the contact details shown in section 2.2 to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 We will pay the costs of return:
9.3.1 If the products are faulty or not as we have described them; or
9.3.2 If you are ending the contract because we have told you of an upcoming change to the product(s) or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 If you are responsible for the costs of return and we are collecting the product(s) from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
9.5 We will refund you the price you paid for the product(s) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
9.7.1 if we have not offered to collect the product(s), your refund will be made within 14 days from the day on which we receive the product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us. For information about how to return a product to us, see clause 9.2.
9.7.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to you if:
10.1.1 You do not make any payment to us when it is due; or
10.1.2 You do not, within a reasonable time, allow us to deliver the products to you.
10.2 If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
FAULTY OR DAMAGED PRODUCTS
11.1 If you have any questions or complaints about the product, please contact us via the details shown in section 2.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|– SUMMARY OF YOUR KEY LEGAL RIGHTS This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back. See also clause 8.3.|
11.3 If you wish to exercise your legal rights to reject products you must post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the details in section 2.2 to arrange collection.
PRICE & PAYMENT
12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 We accept payment by Paypal and all major credit cards, including Visa, Mastercard, Maestro and American Express. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.
13.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.3 These terms and conditions only apply to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
14. We will only use your personal information as set out in our Privacy & Cookies Policy, which can be accessed on this website.
COPYRIGHT & TRADEMARKS
15. This entire website, copy, images, logos, text, content, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from this Website and/or server and related graphics is restricted. Our name or any trademark or logo appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from us.
16. You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders harmless from any damage, loss, or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand or action brought against any of the parties alleging that you have breached any of these Terms and Conditions. If you must indemnify us under this section, we will have the right to control the defence, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without our express written permission.
LIMITATION OF LIABILITY
17. We make no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your own risk to the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.
OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under these terms to another organisation.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.