THESE TERMS AND CONDITIONS (“TERMS”) SET OUT THE TERMS AND CONDITIONS ON WHICH SKIN IN MOTION LTD (“SIM”; “WE”; “US”) WITH COMPANY NUMBER 11020779 AND HAVING ITS REGISTERED ADDRESS AT 85 Great Portland Street, 1st Floor, London, England, W1W 7LT SHALL SUPPLY YOU WITH ANY OF THE PRODUCTS (“PRODUCT”; “PRODUCTS”) LISTED ON WWW.SKININMOTION.COM (“WEBSITE”) TO YOU THE CUSTOMER (“YOU” OR “CUSTOMER”). PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE WEBSITE AND ORDERING PRODUCTS THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CONTINUE WITH YOUR USE OF THE WEBSITE.
1. INFORMATION ABOUT SIM AND THE WEBSITE
1.1. The Website is owned, managed, operated and maintained by SKIN IN MOTION LTD. The Website specialises in the sale of skincare and makeup products (“Products”).
1.2. SIM does not guarantee that our Website, or any content on it, will always be available or interrupted. SIM shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website. SIM will try to give you reasonable notice of any suspension or withdrawal.
1.3. SIM reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any of the features of the Website without notice.
1.4. SIM may amend these Terms and Conditions from time to time. Every time you use our site please check our terms to make sure you understand the terms that apply at the time.
1.5. SIM can be contacted at firstname.lastname@example.org.
2. PRELIMINARY INFORMATION
2.1. By using the Website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms; and
2.1.3. if an individual, you are at least 18 years old. If you are under the age of 18, you should ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person’s use of the Website and/or Services is in accordance with these Terms.
2.1.4. You will not reproduce, duplicate copy, sell, resell, or exploit any portion of the Website, use of the Website or access to the Website or any contact on the Website without the express written permission of SIM.
3.1. In order to purchase any of the Products from the Website, you shall be required to either checkout as a guest (“Guest”) or become a registered user of the Website (“Registered User”) by completing and submitting the online registration form on the Website. Subject to clause 1.2 above, as a Registered User you may be able to access additional features of the Website, including without limitation the opportunity to view records of previous orders you have placed, amend your existing password, and save postal addresses for future orders.
3.2. As a Registered User, you agree to keep your username and password (“Login Details“) confidential and secure, not use your Login Details with the intent of impersonating another person, not allow any other person to use your Login Details and promptly notify Us in the event there is a breach of security or any unauthorised use of your Login Details.
4. PLACING AN ORDER
4.1 In order to purchase any of the Products from the Website, you shall be required to add the Products you wish to purchase to your online basket, proceed to the checkout and complete the online form (“Order Form”) made available to you on the Website.
4.2. Upon completion of the Order Form you will be directed to our online payment facility in order to make payment for the Products. Such payment will result in you having placed an order (“Order”) for the Products.
4.3. You hereby warrant that the information provided to SIM is true, accurate and correct. You further warrant that you shall promptly notify SIM in the event of any changes to such information.
4.4. All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and We will not process your Order if made. All descriptions of Products are subject to change at any time without notice. We reserve the right to discontinue any Product at any time.
5. FORMATION OF CONTRACT
5.1. After placing an Order, you will receive an e-mail from Us acknowledging that We have received your Order (“Order Confirmation Email”). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between Us will only be formed when We send you the Dispatch Confirmation (“Contract”).
5.2. The Contract will relate only to those Products We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6. PRICE AND PAYMENTS
6.1. The price of the Products will be as quoted on our Website from time to time, except in cases of obvious error (“Price”). Prices for our products are subject to change without notice.
6.2. Unless otherwise expressly set out to the contrary, the Price quoted on the Website shall be inclusive of applicable value added taxes.
6.3. Due to the nature of the business, you acknowledge and agree that the Price may be subject to change and variation from time to time subject always that any changes in the Price shall not be applicable to you once you have submitted your Order with SIM unless the provisions of clause 6.4 below apply.
6.4.SIM shall use its reasonable endeavours to ensure that the Prices for the Products on the Website are accurate and correct at all times. However, you acknowledge and accept that such Products may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, SIM shall inform you of the actual Price of the Product. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or cancelling your Order with SIM.
6.5. You may pay for your Order using one of the methods of payment as specified on the Website. SIM reserves the right not to process your Order if SIM has not received payment of the Price and any other additional charges, including without limitation any applicable taxes and delivery charges. If You are purchasing the Products outside of the United Kingdom the Price shown on the Website shall be in the local currency of the country in which You are purchasing the Products. However, You acknowledge that any local currency Price shall always be converted into British Pounds Sterling at online check-out (“Converted Price”) and that this Converted Price will be debited from your bank account.
6.6. For your information, We may use third party payment handlers to process your payment and you agree that you have given Us permission to do so by complying with the terms herein.
7.1. Any additional delivery charges are as set out on the Website and our Shipping Policy and are in addition to the Price. The additional charges for your Order will depend upon the size and type of Products ordered and your chosen method of delivery and will be confirmed at the ‘checkout’ before you place your Order.
7.2. SIM aims to deliver your Order to you, subject to the provisions set out herein, within the time frames specified on the Website and in any event within 30 days of the date the Order was accepted. Please notify us as soon as possible in writing if you do not receive your Products within the time frames specified on the Website.
7.3. We will not be responsible for delays outside of our control. If our supply of the Products is delayed by an event outside our control (as described below) 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.
7.4. SIM will deliver your Product(s) to you by post or by a third party courier and you agree that you have given Us permission to do so by complying with the terms herein. SIM shall not be held responsible for delivery delays caused by Royal Mail or by a third party courier.
8. CANCELLATION RIGHTS AND RETURNS
8.1. Cancelling Your Order. If for any reason you are not happy with the Products, please let SIM know by contacting us using the contact details below. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the Contract: For more information please review our Returns Policy.
9. OUR RIGHTS TO END THE CONTRACT
9.1. We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if:
9.1.1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, delivery address; or
9.1.2. you do not, within a reasonable time, allow us to deliver the Products to you.
9.2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
9.3. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any Products that we offer.
9.4. Please note that we are unable to deliver to locations within Russia or the Ukraine.
10. DEFECTIVE OR DAMAGED PRODUCT
S 10.1. How to tell us about a problem. If you have any questions or complaints about the Product, please let SIM know by contacting SIM using the contact details below.
10.2. Summary of your legal rights. We are under a legal duty to supply Products that are of satisfactory quality and as described and in conformity with this Contract. Nothing in these terms will affect your legal rights.
10.3.Your obligation to return rejected products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them or post them back to us. For further information on how to return products please refer to our Returns Policy.
11. ADDITIONAL OBLIGATIONS
11.1. You agree that you are solely responsible and liable for all activities on the Website carried out by your use of the Website.
11.2. You further agree that at all times, you shall not:
11.2.1. use the information presented on the Website or provided to you by SIM for any commercial purposes; or
11.2.2. breach any applicable local, national or international law or regulation;
11.2.3. for any unlawful or fraudulent purpose; or 11.2.4. to solicit others to perform or participate in any unlawful act; or
11.2.5. to violate any national or international rules, laws; or
11.2.6. to harass, abuse, insult harm defame slander disparage intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; or
11.2.7. to submit false or misleading information; or
11.2.8. upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; or
11.2.9. collect or track the personal information of others; or 11.2.10. spam, phish, pharm, pretext, spider, crawl or scrape; or
11.2.11. for any obscene or immoral purpose; or
11.2.12. to interfere with or circumvent the security features of the Website; or
11.2.13. infringe any rights of any third parties.
11.3. You also agree:
11.4. Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms;
11.5. Not to access without authority, interfere with, damage or disrupt:
11.5.1. any part of our site;
11.5.2. any equipment or network on which our site is stored;
11.5.3. any software used in the provision of our site; or
11.5.4. any equipment or network or software owned or used by any third party.
11.6. We reserve the right to terminate your use of the Website for violating any of the above prohibited uses.
11.7. You agree to indemnify and hold harmless SIM (including its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors) and any parent, affiliate, or subsidiary from any claim or demand made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference.
12. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
12.1. 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 but SIM, its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors are not responsible for any loss or damage that is not foreseeable including incidental, punitive, special or consequential damages of any kind including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages whether based in contract, tort (including negligence). 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.
12.2. 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 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; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
12.3.We are not responsible if the information made available to you on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor any changes to our site.
12.4.We want you to be happy with our Products but if you are not entirely satisfied then please contact us.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. SIM and its licensors own all patents, trademarks (whether registrable or non-registrable), copyright, designs, rights in database, rights in software (including without limitation the source code and object code) and all other proprietary rights (whether registered or not) (“Intellectual Property Rights”) relating to the Website and the Products.
13.2. You are expressly prohibited from:
13.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
13.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of SIM or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to SIM.
13.3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
13.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.5. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
13.6. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
13.8. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only without any warranties, representations or conditions of any kind and without endorsement. We have no control over the contents of those sites or resources and are not responsible for examining or evaluating the content or accuracy thereof, and accept no responsibility for them or liability whatsoever arising from or relating to your use of them. Complaints, claims, concerns or questions regarding third party products should be directed to the third party. We may also in the future offer new services and/or features through the Website (including the release of new tools and resources). Such new features and or services shall also be subject to these Terms.
14. PRIVACY AND DATA PROTECTION
15.1. If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, by contacting us at email@example.com. All notification and communication to SIM should be sent to this contact email address.
16. EVENTS OUTSIDE OUR REASONABLE CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
16.2. What we mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, Website maintenance or upgrades or any act of a third party.
16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
16.3.1. we will contact you as soon as reasonably possible to notify you; and
16.3.2. our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
17.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
17.2. 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.
17.3.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.
17.4. 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.
17.5. 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.
17.6.Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and the jurisdiction of the English Courts. However, if you are a resident of Scotland you may bring a claim in Scotland, or if you live in Northern Ireland, you may bring a claim in Northern Ireland.
17.7. Notwithstanding clause 17.6, nothing in these terms will affect your statutory rights that apply to you as a consumer in your country of residence..
18.1. All questions, comments and requests regarding these Terms and Conditions should be addressed to us at firstname.lastname@example.org.
PROMOTIONAL TERMS & CONDITIONS
The promoter is: SKIN IN MOTION LTD Ltd (company no. 11020779) whose registered office is at 85 Great Portland Street, 1st Floor, London, England, W1W 7LT.
1. By participating in any such promotion, you agree to these terms and conditions.
2. Promotional codes allow the user one single use. This offer can only be redeemed on a single SKIN IN MOTION LTD order at www.amandaharrington.com
3. Promotional code offers exclude all other promotions and offers and cannot be combined with any other discounts and eGift cards.
4. Promotional codes can only be applied to full price items.
5. This offer cannot be applied retrospectively to previous orders.
6. This promotion is only available at www.skininmotion.com and is not valid in any SKIN IN MOTION LTD stockists.
7. Current promotion ends Thursday 2nd January 2020 8am BST or while stocks last. Current promotion excludes Sets and eGift cards and cannot be used in conjunction with any other offer, promotion or discount code.
8. SKIN IN MOTION reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) amend these terms and conditions (and will use reasonable endeavours to notify changes to all customers.)
9. Refunds will take into account the discount
10. Offer does not include delivery charges
11. These terms and conditions shall be governed by and construed in accordance with English law and exclusive jurisdiction of the English courts in the event of a dispute.