Terms and Conditions of Supply for Image Skincare UK Ltd.

Index

  • These terms ...........................................................
  • Information about us and how to contact us ..................................
  • Our contract with you ...................................................
  • Our products ..........................................................
  • Providing the products ..................................................
  • Your rights to end the contract ............................................
  • How to end the contract with us (including if you have changed your mind) ........
  • If there is a problem with the product .......................................
  • Price and payment ......................................................
  • Our responsibility for loss or damage suffered by you ..........................
  • How we may use your personal information .................................
  • Other important terms ...................................................

Our terms

1 These terms

1.1

What these terms cover. These are the terms and conditions on which we supply products to you from our website https://www.imageskincare.co.uk/ (“our site”).

1.2

Why you should read them. 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 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, please contact us to discuss.

1.3

We may make changes to these terms. We amend these terms from time to time. Every time you wish to make a purchase of products from our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 10th June 2019.

2 Information about us and how to contact us

2.1

Who we are. We are Image Skincare UK Limited a company registered in England and Wales. Our company registration number is 10280941 and our registered office is at Venture House Parklands, Railton Road, Guildford, Surrey, England, GU2 9JX. Our registered VAT number is GB247283589.

2.2

How to contact us. You can contact us by telephoning our customer service team at 0345 504 0461 or by writing to us at info_uk@imageskincare.com or Image Skincare, Venture House, Parklands, Railton Road, Guildford, Surrey, GU2 9JX.

2.3

How we may contact you. If we have to 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

"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3 Our contract with you

3.1

How we will accept your order. After placing your order, you will receive an email from us confirming your order number and the products that you have ordered. This email is automatically generated by our site and does not mean that your order has been accepted by us. Our acceptance of your order will only take place when we email you with a shipping confirmation confirming that your products have been dispatched to you, at which point a contract will come into existence between you and us.

3.2

If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will refund you for any products you have paid for. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because existing stock has been placed on hold due to a quality concern or, we have identified an error in the price or description of the product, or because our ecommerce authorisation or fraud screening service provider advises us to decline to accept your order or because we are unable to meet a delivery deadline you have specified.

3.3

Your order number. We will assign an order number to your order and tell you what it is as set out in clause 3.1. It will help us if you can tell us the order number whenever you contact us about your order.

3.4

We only sell to consumers in England, Scotland, Wales, Jersey and Guernsey. Our site is solely for the promotion of our products in England, Scotland, Wales, Jersey and Guernsey. Unfortunately, we do not deliver to addresses outside of these locations, which, for clarity, includes Northern Ireland, Republic of Ireland & any United Kingdom Overseas Territory.

4 Our products

4.1

Products may vary slightly from their pictures. The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2

Product packaging may vary. The packaging of the product may vary from that shown in images on our site.

5 Providing the products

5.1

Delivery costs. The costs of delivery will be as displayed to you on our site.

5.2

When we will provide the products. We will contact you with a delivery date, which will usually be within a date 3 to 4 working days after the day on which you submit your order to us.

5.3

We are not responsible for delays outside our control. 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. 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.

5.4

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

5.5

If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and 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 charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.

5.6

When you become responsible for the product. A product will be your responsibility from the time we deliver the product to the address you gave us or the product is left in a location in accordance with the specific delivery instructions on your order (as the case may be).

5.7

When you own the product. You own a product once we have received payment in full.

5.8

What will happen if you do not give required information to us? If you properly complete all the required fields on our site when you provide us with your order, we should not require any further information from you. However if, for whatever reason, we do need further information, we will contact you.

6 Your rights to end the contract

6.1

You can always end your contract with us. 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:

  • (a) If what you have bought is faulty or misdescribed, 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 If there is a problem with the product;
  • (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause Error: Reference source not found;
  • (c) If you have just changed your mind about the product, see clause Error: Reference source not found. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any product.
6.2

If what you have bought is faulty or misdescribed, you may have a legal right to end the contract We will contact you with a delivery date, which will usually be within a date 3 to 4 working days after the day on which you submit your order to us.

  • (a) 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;
  • (b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
  • (c) you have a legal right to end the contract because of something we have done wrong.
6.3

Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). 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 (Information, Cancellation and Additional Charges) Regulations 2013, are explained in more detail in these terms.

6.4

When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

  • (a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • (b) any products which become mixed inseparably with other items after their delivery.
6.5

How long do I have to change my mind? If you have purchased a product you have 14 days after the day you (or someone you nominate) receives the product, 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 products.

7 How to end the contract with us (including if you have changed your mind)

7.1

Tell us you want to end the contract. To end the contract with us, please call customer services on 0345 504 0461 or email us at info_uk@imageskincare.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively, print off the cancellation form at the end of these terms and conditions and post it to us at the address on the form.

7.2

Returning products after ending the contract. 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 call customer services on 0345 504 0461 or email us at info_uk@imageskincare.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

7.3

When we will pay the costs of return. We will pay the costs of return:

  • (a) if the products are faulty or misdescribed; or
  • (b) if you are ending the contract because we have told you of 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.

7.4

What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. Most returns collected by us from your home are charged at £ 3.95 per collection. If the costs of collecting the product from you is going to be higher than that amount, we will notify you about it at the time of arranging the collection.

7.5

How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below and will only refund the delivery costs if you return the whole of your order to us.

7.6

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

  • (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, 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.
  • (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7.7

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

  • (a) If we have not offered to collect the product, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 7.2.
  • (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

8 If there is a problem with the product

8.1

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0345 504 0461 or write to us at info_uk@imageskincare.com or Image Skincare, Venture House, Parklands, Railton Road, Guildford, Surrey, GU2 9JX.

8.2

Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.

8.3

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either 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 call customer services on 0345 504 0461 or email us at info_uk@imageskincare.com for a return label or to arrange collection.

9 Price and payment

9.1

Where to find the price for the product. 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 9.3 for what happens if we discover an error in the price of the product you order.

9.2

We will pass on changes in the rate of VAT. 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.

9.3

What happens if we got the price wrong?It is always possible that some of the products we sell may be incorrectly priced on our site. We will normally check prices before dispatching your order so that, where the products correct price at your order date is less than our stated price at your order date, we will refund the difference between the correct price and our stated price. 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.

9.4

When you must pay and how you must pay. We accept payment with Mastercard or Visa credit and debit cards at the time of placing your order. If for any reason described in clause 3.2 we are unable to accept your order, we will arrange a refund to the same card account within five working days.

9.5

We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10Our responsibility for loss or damage suffered by you

10.1

We are responsible to you for foreseeable loss and damage caused by us. 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. 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 during the sales process.

10.2

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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 8.2 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.

10.3

We are not liable to you where the loss and damage could have been avoided. We will not be liable for loss and damage which was caused by:

  • (a) you failing to correctly follow our product application instructions on our site; or
  • (b) you using the product when you knew you had an allergy to one of the ingredients contained within the product or have previously had an allergic reaction to an ingredient contained within the product; or
  • (c) you using the product when you have a medical or other condition (e.g. pregnancy or stress) and you used it without first discussing the product’s suitability for you with your medical practitioner.
10.4

We are not liable for business losses. We only supply the products 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.

11 How we may use your personal information

11.1

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy here

12 Other important terms

12.1

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12.2

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

12.3

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.4

If a court finds part of this contract illegal, the rest will continue in force. 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.

12.5

Even if we delay in enforcing this contract, we can still enforce it later. 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.

12.6

Which laws apply to this contract and where you may bring legal proceedings? 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 Jersey, you can bring legal proceedings in respect of the products in either the courts of the Jersey or the English courts. If you live in Guernsey, you can bring legal proceedings in respect of the products in either the courts of Guernsey or the English courts.

© 2019 Image Skincare UK. All Rights Reserved.