Website Terms of Sale
BAREFACEDSKIN.CO.UK TERMS OF SALE
In these Terms, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods;
“Goods” means the goods we sell through the Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order; and
“Order Number” means the reference number for your Order.
2. About us
Barefacedskin.co.uk is owned and operated by Helen Taylor, and its trading address is Bare Faced Skin, 71-75 Shelton Street, London, WC2H 9JQ.
3. Restrictions on purchases
3.1 Consumers may only purchase Goods through the Site if they are at least 18 years old
3.2 We do not accept single orders that include more than £300 of Goods.
3.3 With the exception of BFPO addresses, we are unable to process orders to a P.O. Box address.
4. Goods, pricing and availability
4.1 We try to ensure all descriptions and images of Goods correspond to the actual Goods. However, images of Goods and of packaging are for illustration only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions.
4.2 We cannot guarantee that Goods will always be available.
4.3 We try to ensure all prices shown on the Site are correct at the time of going online.
4.4 We may change prices and add, change or remove special offers from time to time. We check all prices before we accept your Order. If we have shown incorrect prices, we will contact you to inform you of our mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, we will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. However, if we do not hear from you within seven days, we will treat your Order as cancelled and notify you of this in writing.
4.5 If the price of Goods you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on the Site at the time you placed your Order.
4.6 Delivery charges are not included in the prices displayed on the Site. Delivery and related charges will be presented to you as part of the order process.
5. Orders and Contracts
5.1 The Site will guide you through the ordering process. Before submitting your Order, please check your Order carefully. In particular, please make sure you provide us with the same address and telephone number your credit card issuer has on file.
5.2 If, during the order process, you give us incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, we will try to contact you to ask you to correct it. If you do not give us the accurate or complete information within seven days, we will cancel your Order and treat the Contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
5.3 No part of the Site is a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, in our sole discretion, accept. Our acceptance is confirmed when we send you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between us and you.
5.4 Order Confirmations shall set out (a) your Order Number, (b) confirmation of the Goods ordered, (c) itemised pricing for the Goods ordered (including, as appropriate, taxes, delivery and any other charges), and (d) estimated delivery date(s).
5.5 If we do not accept or cannot fulfil your Order for any reason, we will inform you in writing. No payment will usually be taken but, if we have taken payment, any such sums will be refunded to you.
All refunds due under these Terms will be paid within 14 days of the date on which the right to the refund arises. All refunds will be made using the same payment method you used when ordering the Goods.
Payment for Goods and all related charges must always be received by us, in cleared funds, in advance, and you will be prompted to pay during the order process.
8. Delivery, risk and ownership
8.1 We will only deliver Goods to the billing address of the payment card used during checkout.
8.2 Goods will normally be delivered within 30 days after the date of our Order Confirmation, unless otherwise agreed or specified during the order process (subject to delays caused by events outside of our control).
8.3 If we are unable to deliver the Goods on the delivery date because no one is available at the delivery address to receive the Goods and the Goods cannot be posted through your letterbox, our delivery partner will leave a delivery note explaining how to contact them to rearrange delivery or where you can collect the Goods. If you do not collect the Goods or rearrange delivery within 14 days, we will treat the Contract as cancelled and recover the Goods. If this happens, we will refund the purchase price of the Goods, but not the cost of delivery and any reasonable additional costs we incur in recovering the Goods.
8.4 If we fail to deliver the Goods within 30 days of our Order Confirmation (or as otherwise agreed), you may treat the Contract as being at an end immediately if (a) we have refused to deliver your Goods, (b) taking into account all relevant circumstances, delivery within that time period was essential, or (c) you told us when ordering the Goods that delivery within that time period was essential.
8.5 If you do not wish to cancel under clause 8.3 or if none of the specified circumstances apply, you may specify a reasonable new delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
8.6 You may cancel all or part of your Order under clauses 8.3 or 8.4 as long as separating the Goods in your Order would not significantly reduce their value. Any sums you have already paid for cancelled Goods and their delivery will be refunded to you. If any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Goods.
8.7 Delivery shall be deemed complete and responsibility for the Goods will pass to you once we have delivered the Goods to the delivery address you have provided.
8.8 Ownership of the Goods does not pass to you until we have received full payment of all sums due (including delivery and other applicable charges).
9. Faulty, damaged or incorrect Goods
9.1 By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and match any samples or models you have seen or examined (unless we have made you aware of any differences). If any Goods you have purchased do not comply, please contact us as soon as possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement (as applicable).
9.2 Subject to clause 9.4, if you are a consumer resident in the European Union, your available remedies are:
9.2.1 beginning on the day you receive the Goods you have a 30-day right to reject and return the Goods and receive a full refund if they do not conform as stated in clause 9.1;
9.2.2 if you do not wish to reject the Goods, or if the 30-day rejection period has expired, you may request a repair of the Goods or a replacement, as applicable. We will bear any associated costs and carry out the repair or replacement within a reasonable time and without significant inconvenience to you. Where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you an alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30-day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day you receive the replacement or repaired Goods. If fewer than seven days remain of the original period, it will be extended to seven days;
9.2.3 if, after a repair or replacement, the Goods still do not conform (or if we cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may either keep the Goods at a reduced price, or reject them in exchange for a refund;
9.2.4 if you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), we may reduce any refund to reflect the use that you have had out of the Goods;
9.2.5 within a period of six years after you have received the Goods, if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. However, after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
9.3 If you are not a consumer resident in the European Union, and subject to clause 9.4, your sole remedy will be that, beginning on the day you receive the Goods, you have a 30-day right to reject and return the Goods and receive a full refund if they do not conform as stated in clause 9.1.
9.4 Regardless of your residency, you will not be eligible to claim under this clause 9 if:
9.4.1 we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them);
9.4.2 you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or
9.4.3 if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
9.5 You may not return Goods under this clause 9 merely because you have changed your mind.
9.6 To return Goods under this clause 9, please contact us at firstname.lastname@example.org to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this clause 9 and will reimburse you where appropriate.
10. Cancelling and returning Goods if you change your mind
10.1 You have a legal right to a “cooling-off” period within which you may cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation. You may also cancel for any reason before we send the Order Confirmation.
10.2 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 days after the day on which you (or someone you nominate) receive(s) the Goods.
10.3 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
10.4 If you wish to exercise your right to cancel under this clause 10, you must inform us of your decision within the cooling-off period by contacting us at email@example.com, providing your name, address, email address, telephone number and Order number.
10.5 You lose your legal right to cancel under this clause 10 if:
10.5.1 the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them (note that this applies to all cosmetic products);
10.5.2 or the Goods have been personalised or custom-made for you.
10.6 Please ensure you return Goods to us no more than 14 days after the day on which you have informed us that you wish to cancel under this clause 10.
10.7 You may return Goods to us by post or another suitable delivery service of your choice to our returns address at Bare Face Skin, 71-75 Shelton Street, London, WC2H 9JQ.
10.8 You must bear the costs of returning Goods to us if you cancel under this clause 10. We will also charge you the direct cost to us of collection if you request that we collect the Goods from you.
10.9 Refunds under this clause 10 will be subject to deductions if the value in the Goods has diminished because of your excessive handling of them (e.g. no more than would be permitted in a shop). If we issue a refund before we have received the Goods and inspected them, we may subsequently charge you an appropriate sum if we find the Goods have been handled excessively.
10.10 We will reimburse only standard delivery charges as part of a refund under this clause 10. We will not reimburse for premium delivery.
11. Our liability
11.1 We will be liable for any foreseeable loss or damage you may suffer as a result of our breach of these Terms or the Contract, or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
11.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.3 Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
11.4 Nothing in these Terms seeks to exclude or limit your legal rights as a consumer.
12. Events beyond our control
12.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause beyond our reasonable control. Such causes include, but are not limited to, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, or other natural disasters.
12.2 If any event described under this clause 12 occurs that is likely to adversely affect our performance of any of our obligations under these Terms, we will:
12.2.1 inform you as soon as is reasonably possible;
12.2.2 take all reasonable steps to minimise the delay;
12.2.3 to the extent we cannot minimise the delay, our affected obligations under these Terms (and therefore the Contract) will be suspended and any time limits we are bound by will be extended accordingly;
12.2.4 inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods as necessary;
12.2.5 if the event outside of our control continues for more than 30 days, cancel the Contract and inform you of the cancellation; and
12.2.6 if an event outside of our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so by contacting us at firstname.lastname@example.org, providing your name, address, email address, telephone number and Order Number.
13. Contacting us
To contact us, please telephone 07453 016945, email or write to us at Bare Face Skin, 71-75 Shelton Street, London, WC2H 9JQ.
14. Other important terms
14.1 We may transfer, novate or assign our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (for example, if we sell our business). If this happens, we will inform you in writing. Your rights under these Terms will not be affected and our obligations will be transferred to the third party, who will remain bound by them.
14.2 You may not transfer, novate or assign your obligations and rights under these Terms (and under the Contract, as applicable) without our prior written consent.
14.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
14.4 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable, that/those provision(s) shall be deemed severed from the remainder of these Terms, which shall be valid and enforceable.
14.5 No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
14.6 We may revise these Terms from time to time. If we change these Terms as they relate to your Order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges).
15. Governing law and jurisdiction
15.1 These Terms, and the relationship between you and us, are governed by, and construed in accordance with, English law.
15.2 Any disputes concerning these Terms, the relationship between you and us, or any associated matters (whether contractual or otherwise), will be subject to the jurisdiction of the courts of England, Scotland, Wales or Northern Ireland, as determined by your residency.