SKIN PS BRANDS – PRODUCT TERMS AND CONDITIONS
LAST UPDATED: 7 June 2021
1.1 These terms conditions of sale (the "Terms and Conditions") set out the terms that apply to your access and use of our website at slmdskincare.co.uk (the "Skin PS Website") and the terms on which we sell and deliver any skincare products you order from us through our Skin PS Website (the "Products").
1.2 Please read these Terms and Conditions carefully before using our Skin PS Website and ordering any Products.
1.3 By using our Skin PS Website, setting up an account on our Skin PS Website or ordering Products through the Skin PS Website you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Skin PS Website, set up an account on the Skin PS Website or order any Products from us.
2. INFORMATION ABOUT US
2.1 The Skin PS Website is provided to you by Skin PS Brands, a company registered in California, US with its registered address at 8645 Hayden Place Culver City, CA 90232 (“we”, “us”, “our” or “Skin PS”).
2.2 If you would like to contact us, please write to us at firstname.lastname@example.org.
3. INFORMATION ABOUT YOU
4. USING THE SKIN PS WEBSITE AND CREATING AN ACCOUNT
4.1 You do not need to register with us to browse the Skin PS Website or to order Products. However, in order to use certain functionalities of the Skin PS Website, such as to view your past orders and make the order process easier by saving your details, you will need to register with us and set up an account (your "Account") by:
(a) entering your email address and setting up a password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
4.2 You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Skin PS Website and to order Products.
5. YOUR RIGHT TO USE THE SKIN PS WEBSITE
5.1 The materials and content comprising the Skin PS Website belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Skin PS Website in accordance with these Terms and Conditions.
5.2 Your right to use the Skin PS Website is personal to you and you are not allowed to give this right to another person. Your right to use the Skin PS Website does not stop us from giving other people the right to use the Skin PS Website.
5.3 Unless allowed by these Terms and Conditions and as permitted by the functionality of the Skin PS Website, you agree:
(a) not to copy, or attempt to copy any portion of the Skin PS Website;
(b) not to give or sell or otherwise make available any portion of the Skin PS Website to anybody else;
(c) not to change, or attempt to change any portion of the Skin PS Website in any way;
(d) not to look for or access the code of any portion of the Skin PS Website that we have not expressly published publicly for general use.
5.4 You agree that all confidential information, copyright and other intellectual property rights in the Skin PS Website belong to us or the people who have licensed those rights to us.
5.5 You agree that you have no rights in or to any portion of the Skin PS Website other than the right to use it in accordance with these Terms and Conditions.
6. ORDERING PRODUCTS
6.1 You can place orders for Products through the Skin PS Website by adding Products to your online shopping basket using and following the checkout process on the Skin PS Website.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before you complete the order process.
6.3 All orders are subject to acceptance by us. We will send you an email to confirm acceptance or otherwise confirm to you in writing when we have accepted your order. The contract for purchase between you and us will only be made when we send you this confirmation of acceptance.
6.4 You acknowledge that by placing an order with us for Products you will be under an obligation to pay for the Products in that order.
6.5 If you change your mind about the Products you have ordered after making your order you may be able to return the Products to us in accordance with the Cancellation and Returns Policy below at paragraph 14.
6.7 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.
7.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if, for any reason, the Products you have ordered are not available or are subject to any delay.
7.2 If we are unable to supply you with a Product, for example because the manufacturer is out of stock or because of an error in the price, we will inform you of this using the contact details you provide to us in the order and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
8. IMAGES AND SIZING OF PRODUCTS
8.1 The images of the Products on the Skin PS Website or in any other promotional materials are for illustrative purposes only. Although we have made every effort to display the appearance accurately, we cannot guarantee that your computer or any printed materials will display the appearance faithfully or reflect the true appearance of the Products. The Products that are delivered to you may therefore vary slightly from those images.
8.2 Although we have made every effort to be as accurate as possible, any Product measurements, including weights and dimensions, shown on our Skin PS Website or in any other promotional materials are approximate only.
8.3 The packaging of the Products may vary from that shown in images on the Skin PS Website.
9. CHANGES TO THE PRODUCTS
9.1 We may make minor changes to the Products that will not affect your use of the Product, such as changes that:
(a) reflect changes in relevant laws and regulatory requirements; or
(b) implement minor adjustments and improvements, for example to fix previously identified issues with the Products.
9.2 We will notify you if we intend to make any significant changes to the Products before we deliver the Products to you. If you are unhappy with the change, you can contact us and cancel your order as set out in paragraph 14.
9.3 If you wish to make a change to the Product you have ordered, please contact us at email@example.com. If a change is possible, we will let you know about any changes to the price of the Product, the timing of delivery or any other changes that we would need to make as a result of your requested change. We will 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 cancel your order as set out in paragraph 14.
10. PRICES OF PRODUCTS
10.1 The price of any Product will be as quoted on the Skin PS Website and displayed to you when you complete the order process, except in cases of obvious error.
10.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
10.3 The price of a Product includes all taxes but excludes delivery costs, which will be added to the total amount due. The costs of delivery may vary depending on the delivery method you choose and will be displayed to you when you submit your order
10.4 It is always possible that some of the Products may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price we have quoted to you, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the price displayed is a genuine and honest mistake and the error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
11. HOW TO PAY
11.1 After we accept your order, we will charge the price of the Product to your chosen payment method.
11.2 By submitting an order to us, you are confirming that the payment details provided on your order are valid and correct.
11.3 We will cancel your order and not deliver the Product if we are unable to collect payment from your chosen payment device.
12.1 We will provide you with an estimated date on which we will deliver the Products at the address you provided to us during the order process. We will aim to deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
12.2 Unfortunately, although we will make every reasonable effort to ensure your Products are delivered within the estimated timescales, we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
12.3 Your delivery will be completed when we deliver the Products to the address you gave us. If your delivery requires a signature and no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery.
12.4 We will send you an email with tracking information when your Product is out for delivery. Please follow the applicable link in the email we provide to you to find out about the status of your order or track its progress.
13. WHEN YOU OWN AND BECOME RESPONSIBLE FOR THE PRODUCTS
13.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including applicable delivery charges.
13.2 The Products will be your responsibility from the time of delivery.
14. CANCELLATION, RETURNS, AND REFUND POLICY
14.1 We hope that you will be pleased with everything you have bought from us, but if you are unhappy with your Products you can return them to us in accordance with our Cancellation and Returns Policy [https://www.slmdskincare.co.uk/pages/shipping-returns].
15. YOUR RESPONSIBILITIES
15.1 You understand and agree that you are responsible for your conduct whilst using the Products and for any consequences arising from such use. You agree to use the Products only for purposes that are proper and in accordance with applicable laws, rules and regulations and all terms, precautions, practices, instructions, policies and guidelines we have made and may make available.
16. OUR RESPONSIBILITY TO YOU IN RESPECT OF THE PRODUCTS
16.1 We are under a legal duty to supply products that are in conformity with our contract with you. This means that the Products we supply to you 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 from delivery: if the Product is faulty, then you can get an immediate refund.
(b) up to six months from delivery: if the Product cannot be repaired or replaced, then you're entitled to a full refund, in most cases.
(c) after six months (depending on the type of Product): if your goods do not last a reasonable length of time you may be entitled to some money back.
16.2 If you notify us of a defect in the Products that appears within the periods set out in paragraph 16.1 above, then we shall repair or replace the Products unless the defect has occurred solely as a result of:
(a) your failure to use the Products in accordance with a reasonable standard of care and in accordance with any written care instructions we have provided to you;
(b) repairs or alterations made to the Products by anyone other than us or one of our approved contractors; or
(c) an accident or event outside of our control (such as a fire, lightning strike or storm damage).
16.3 If we are unable to repair or replace the Products in accordance with paragraphs 16.1 and 14.2 within a reasonable time, you may be able to claim a full or partial refund of the price paid for the Products. Please see our Cancellations and Returns Policy [https://www.slmdskincare.co.uk/pages/shipping-returns] for further information about returning any faulty or mis-described Products.
16.4 This paragraph does not affect any rights you have under applicable law.
17. OUR RESPONSIBILITY TO YOU GENERALLY
17.1 If we fail to comply with a contract between you and us, whether in respect of the Products or access to the Skin PS Website, we will be responsible (save as set out in this paragraph 15) for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
17.2 While we do our best to ensure that the features and functionalities of the Skin PS Website are of a reasonably satisfactory standard, certain features may rely on networks and connections that are beyond our control. Some of the information provided to you on the Skin PS Website may also contain content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
17.3 In addition, due to the nature of the Internet and technology, the Skin PS Website is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Skin PS Website will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Skin PS Website in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
17.4 The maximum loss or damage we will be responsible for the Products is limited to the price you have paid us for the Product to which the loss or damage you suffer relates; however, we do not in any way exclude or limit our liability where it would be unlawful for us to do so, including for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any breach of terms implied by law (including your right to receive products which are as described and match information we provided to you, are of satisfactory quality, fit for purpose and supplied with reasonable skill and care).
17.5 Our Products are supplied for domestic and private use only. We will not be responsible to you for any loss of profit, loss of business, business interruption or loss of business opportunity if you use the Products for any commercial, business or re-sale purpose.
17.6 This paragraph 17 does not affect your statutory rights.
18. RULES OF ACCEPTABLE USE
18.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Skin PS Website (the "Rules of Acceptable Use").
18.2 When using the Skin PS Website you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the Skin PS Website;
(b) use the Skin PS Website for commercial purposes, or accept any payment or commission in relation to your use of the Skin PS Website;
(c) give any false or misleading information, impersonate any person or permit any other person to use the Skin PS Website under your name or on your behalf unless such person is authorised by you;
(d) use the Skin PS Website if we have suspended or banned you from using it;
(e) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property;
(f) promote or advertise any goods or services on the Skin PS Website;
(g) modify, interfere, intercept, disrupt or hack the Skin PS Website;
(h) misuse the Skin PS Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Skin PS Website or any equipment of another user of the Skin PS Website;
(i) collect any data from the Skin PS Website other than in accordance with these Terms and Conditions (including through any "scraping" of the Skin PS Website); or
(j) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Skin PS Website in a manner that send more request messages to the Skin PS Website than a human can reasonably produce in the same period of time.
18.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use the Skin PS Website;
(b) issuing of a warning to you;
(c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
18.4 The responses described in paragraph 18.3 are not limited, and we may take any other action we reasonably deem appropriate.
19. EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you under a contract that is caused by events outside of our control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
20. RESOLVING DISPUTES
20.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
20.2 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
21. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU
21.1 These Terms and Conditions set out the only terms and conditions that apply to our relationship with you.
21.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Products.
21.3 Each of the paragraphs of these Terms and Conditions operates separately. If part of the Terms and Conditions cannot be enforced then the remainder of the Terms and Conditions will still apply to our relationship.
21.4 If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
22. UPDATING THESE TERMS AND CONDITIONS
22.1 We may modify or update these Terms and Conditions from time to time for reasons including:
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with;
(c) changes in how we accept payment from you;
(d) changes to our Skin PS Website.
22.2 We will try, where possible and reasonable, to contact you to let you know about any significant changes to these Terms and Conditions or any documents referred to in these Terms and Conditions. We may contact you using the contact details you submitted to us when submitting your order.
22.3 Normally, we will try to give you some warning before any new terms become effective. However, sometimes, changes will need to be made immediately and if this happens we will not give you any notice.
22.4 The most up to date Terms and Conditions will always be at [https://www.slmdskincare.co.uk/pages/terms-conditions-of-use].
23. RIGHTS OF THIRD PARTIES
23.1 Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
24. TRANSFER OF OUR RIGHTS
24.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
25. LAW AND JURISDICTION
25.1 These Terms and Conditions are governed by English law and the English courts will have non-exclusive jurisdiction over any dispute arising from or related to the contract between you and us for the purchase of the Products. This does not, however, affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to the Products or your use of the Skin PS Website heard in the courts of that country.
26. CONTACTING YOU
26.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
27. CONTACT US
27.1 If you have any queries about these terms, please contact us by sending an email to: email@example.com. We’ll be here to help.