TERMS AND CONDITIONS
Terms and Conditions for the supply of Goods
The Company shall use its best endeavours to ensure that all the information contained in the Website is up to date and accurate but will not guarantee that it is. Use or reliance on any information on the Website is the Customer’s responsibility and the Company shall have no liability to the Customer or any other party for any loss, damage, costs, expenses or other claims for compensation arising from such use or reliance on any information contained in the Website.
“Business Day“ means any week day from Monday to Friday inclusive other than a public holiday.
“Company” means Body & Face St. Cyrus Limited, a company incorporated under the Companies Acts with company number SC145090 registered in Scotland and having its registered office at 252 Union Street, Aberdeen, Scotland, AB10 1TN.
“Contract” means the contract between the Company and the Customer for the supply of Goods.
“Contract Price” means the monetary consideration stated in the Contract for the sale of the Goods to the Customer.
“Customer” means you whom the Company has agreed to provide the supply of Goods in accordance with these conditions.
“Goods” means any Goods forming the subject of this Contract including parts and components of or materials incorporated in them.
“PurchaseConfirmation” means the confirmation of the Customer’s order as displayed on the Website.
“Shopping Basket” shall mean the virtual shopping basket displayed on the Website detailing the Goods to be ordered by the Customer from time to time.
“Website” shall mean www.bodyandface.co.uk/shop/
2. Existence of Contract
2.1 No Contract shall come into existence until either the Customer’s order (however given) is accepted by the earliest of:-
a) the Company’s email acceptance
b) delivery of the Goods, or
c) the payment of the Goods by the Customer.
2.2 These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the Customer.
2.3 These conditions may be varied by the Company from time to time but, with respect to the Goods ordered by the Customer, the conditions stated at the time of the ordering of the Goods shall apply.
3.Price and Payment
3.1 The price of the Goods shall be stated on the Website and the price of the Goods shall be inclusive of VAT. The Contract Price (including VAT) and the delivery charges will be displayed in the Customer’s Shopping Basket prior to confirming the order. Should the Customer wish for the Goods to be delivered outside the UK, the Customer shall contact the Company prior to placing an order to confirm the delivery charges as the delivery charges may not be displayed in the Shopping Basket and the Customer will be bound to pay additional delivery charges for delivery outside the UK. All prices are stated in UK Pounds Sterling.
3.2 The Company shall supply the Goods and the Customer shall pay the Company the Contract Price for the Goods on the terms and conditions contained in this Contract.
3.3 After the Customer’s order has been received by the Company the Company shall confirm by email to the Customer the details, description and price for the Goods. If these differ from the details, description and/or price shown on the Purchase Confirmation then the Customer shall notify the Company immediately.
3.4 Subject to any special terms agreed, the Customer shall pay the Company’s Contract Price as set out in the Purchase Confirmation plus any charges for carriage and insurance as set out in the Purchase Confirmation and any additional sums which are agreed between the Company and the Customer for the supply of the Goods or which, in the Company’s sole discretion, fall due.
3.5 Payment of the Contract Price and delivery charges must be made in full before the Company dispatches the Goods to the Customer.
3.6 Payment can be made using Visa, Visa Electron, Mastercard, Visa Debit and Maestro via WorldPay. The Company also accepts payment via Paypal. Payment will be debited from your account before dispatch of the Goods. All credit and debit card payments are subject to authorisation by the card issuer and if the issuer of the Customer’s card refuses to pay the Company, the Company will not be liable for any delay in delivery or the non-delivery of the Goods to the Customer. The Company also accepts payment by cheque and postal orders. Goods will not be dispatched to the Customer until the Customer’s payment has been cleared.
4. Delivery and Title
4.1 The Company shall endeavour to deliver the Goods supplied within the United Kingdom within 10 working days of receipt of the Customer’s order. Goods supplied outside the United Kingdom will be delivered, if possible, within 30 working days of receipt of the Customer’s order but delivery times will vary for different countries.
4.2 The Company shall not be liable for any loss, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.3 Delivery of the Goods shall be to the address provided to the Company by the Customer at the time of ordering the Goods and the Customer shall make all the necessary arrangements to take delivery of the Goods whenever they are tendered for delivery.
4.4 In the unlikely event that the Customer has not received all the Goods within 15 days of the advised date of delivery (or where the Customer has requested a delayed dispatch within 15 days of the requested dispatch date), the Customer must notify the Company immediately.
4.5 The Customer is required to inspect the Goods on receipt and notify the Company in writing of any defects or complaints preferably within 7 days.
5. Ownership in the Goods
5.1 Title in the Goods shall remain the sole and absolute property of the Company and title to and legal ownership of the Goods shall not pass to the Customer until the amount due for the Goods (including interest and costs) has been paid in full.
6.1 While the Company shall endeavour to hold sufficient stock to meet all orders, if the Company has insufficient stock to supply or deliver the Goods ordered and paid for by the Customer, the Company may, at their discretion, notify the Customer of a revised delivery date for the Goods (if such revised delivery date is not acceptable to the Customer, the Customer shall have the right to cancel their order following the procedure set out in condition 7.1) or supply or deliver a substituted product or refund the price paid including postage for such Goods as soon as possible and in any case within 30 days or, in the case of an account Customer, the Company may, in their absolute discretion, as soon as possible raise a credit to offset the amount invoiced to the account Customer.
6.2 The Company reserves the right to withdraw for sale, amend the price and specification of any Goods displayed on the Website and/ or refuse to supply Goods to any party at its sole discretion without incurring any liability to the Customer or any other third party.
7. Cancellation and Returns
7.1 The Customer may cancel their order by giving the Company notice of cancellation within 14 days of the date of delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out in the Website. If the Customer is cancelling because of any problem with the Goods, the Customer shall notify the Company of the problem at the time of cancellation.
7.2 On cancellation for whatever reason, the Customer must return the Goods to the Company at their own cost unless the Goods are being returned because they are faulty, incorrect or because of unsuitable substitution by the Company, in which case the Company will meet the cost of the return but the Company asks that the Customer allows the Company to nominate the carrier. The Goods must be returned in new condition, in the original product container correctly addressed to the Company together with the Company’s receipt. The Company will reserve the right to refuse a refund or provide a replacement for any returned Goods that have been damaged, misused or used other than in accordance with any instructions provided whether on the packaging of the Goods or the Website.
8.1 If the Customer has notified the Company of a problem with the Goods, the Company will (at the Customer’s option) either make good any shortage or non-delivery; replace any Goods that are damaged or defective upon delivery; or refund to the Customer the amount paid by the Customer for the Goods in question. The Company will not be liable to the Customer for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and the Company shall have no liability to pay any money to the Customer by way of compensation other than any refund the Company may make under these conditions. This does not affect the Customer’s statutory rights as a consumer, nor is it intended to exclude the Company’s liability to the Customer for fraudulent misrepresentation or for death or personal injury resulting from the Company’s negligence.
8.2 The Company shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any information, data or instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer. or for any improper or inappropriate use of the Goods or for the failure to follow any instructions
8.3 The Company shall have no liability to the Customer for any defects or loss, damage, costs, expenses or other claims for compensation arising from any improper or inappropriate use of the Goods by the Customer or the Customer’s failure to follow any instructions for use of the Goods on or accompanying the Goods.
8.4 The Company will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Company shall be entitled to a reasonable extension of its obligations.
8.5 The Company shall take reasonable precautions to ensure that any data provided by the Customer is secure. The Customer provides any data to the Company via the Website at their own risk on the understanding that any transmission of data through the internet is not entirely secure.
8.6 The Company will not be liable for actions of a third party.
8.7 The Company shall sell the Goods to the Customer for personal use only. The Customer will not resell the Goods to any party and should the Company suffer any loss of whatsoever nature as a result of the Customer’s breach of this condition, the Customer shall indemnify the Company for any loss, damages, costs and expenses suffered.
8.8 The total liability of the Company’s in respect of the provision of Services shall not exceed the Contract Price except where such limitation is not permitted by law.
9.1 The Company may terminate this agreement forthwith if the Customer fails to pay any sums due to the Company as they fall due.
9.2 Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his creditors or has a receiver or administrator appointed.
10.1 These conditions (together with the terms, if any, set out in the Purchase Confirmation and/or Website) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may be varied by the Company at any time. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
10.2 The Website contains brands and trademarks (including the company’s name) and the Customer shall not copy any names, logos, trademarks, images or texts or re-publish or publish any material contained in the Website for commercial use. The Customer shall be allowed to print any material from the Website for personal use only.
10.3 Any notice required or permitted to be given by either party shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.4 Any notice to be served by the Company on the Customer shall be deemed to have been duly served if sent by e-mail or first class post in a prepaid envelope to the Customer at his last known address. Any notice served by first class post shall be deemed to have been served five days after posting and any notice served by e-mail shall be deemed served 24 hours after sending.
10.5 Any notice to be served on the Company shall be served by sending the same first class in a prepaid envelope to the Company’s main address, or may be sent by e-mail. Any notice served either by first class post or e-mail shall only be deemed served once the Customer has received an acknowledgement from the Company. The Company’s acceptance of such notice will also be submitted in writing, stating the day, month and year of service termination.
10.6 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of any condition of this Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other condition.
10.7 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
10.8 Any dispute arising under or in connection with these conditions or the supply of the Goods shall be referred to arbitration by a single arbiter appointed by agreement or (in default) nominated on the application of the Company.
10.9 Expressions in the singular include the plural and the masculine include the feminine and vice versa.
10.10 These conditions shall be deemed to have been made in Scotland and the construction validity and performance of them shall be governed in all respects by Scottish Law.
11. Dispute Resolution
11.1 From 2016, there are new EU Rules regarding Online Dispute Resolution where complaints are not readily resolved by either customer or the retailer. Go to http://ec.europa.eu/odr/main/index.cfm where Forms in several language options are available. Note that Resolution Organisations are still not set up in some countries - listed on the website. This procedure is to allow consumers who have a complaint about a product bought online to submit the complaint via the online complaint form to a retaailer based in another Europeancountry. Please not that assistance in completing the form will be provided by advisers based in your own country.
- Credit / Debit Cards
- Offline Payments