Online Shop Terms & Conditions

www.skinviva.com

Terms and Conditions for Supply of our Products to CONSUMERS

Please read the following important terms and conditions.

They apply when you buy our Products if you are a consumer (i.e. you are buying goods for personal every day use – we’ve defined what this means below). They do not apply if you buy as a business or a clinic.

Terms & Conditions

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

  • email contact@skinviva.com. Emails will be responded to within 24 hours excluding weekends;
  • telephone: 0161 8651141 (calls will be answered between 9am – 5:30pm from Monday to Friday and 9am- 12 pm on Saturdays); and
  • post: at SkinViva, 1 Burton Place, Castlefield, Manchester, England M15 4PT.

 

Who are we?

  • We are SkinViva Limited, a company registered in England and Wales under company number: 07262256.
  • Our registered office is at: St John’s Court, 19B Quay Street, Manchester, M3 3HN.
  • Our VAT number is: 12817414.

In this contract:

  • Consumer” means you buy the Products as an individual for your everyday personal use and not for resale and not as a business;
  • Product” or “Products” means any good(s) that you buy from us (including, but not limited to the skin products in our online shop and gift vouchers);
  • “We”, “us” or “our” means SkinViva Limited;
  • Website” means the website found at the URL skinviva.com or any URL that replaces it from time to time; and
  • “You” or “your” means the person using our Website to buy Products from us.

1.         Introduction

1.1               If you buy Products from us you agree to be legally bound by this contract.

2.        Information we give you

2.1               By law, if you are a Consumer and you buy on our Website, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made.  We do this as part of our order process.

2.2             If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3.        Your privacy and personal information

3.1             Our “Privacy Policy” is available at www.skinviva.com/contact/privacy/.

3.2            Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4.        Ordering Products from us on our Website

4.1             Below, we set out how a legally binding contract between you and us is made if you order a Product on our Website.

4.2            If you order on our Website, you place an order by selecting a Product from the Website, adding this Product to your basket and then using the ‘Checkout’ option to complete your order by entering delivery and payment details. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

4.3            When you place your order at the end of the online checkout process (e.g. when you click on the ‘Pay Now’ button. We will send you an acknowledgement of order by email.

4.4            We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a)            the Products are unavailable;

(b)            we cannot authorise your payment;

(c)            you are not allowed to buy the Products from us;

(d)           we are not allowed to sell the Products to you; or

(e)           there has been a mistake on the pricing or description of the Products.

4.5          We will only accept your order when we email you to confirm this (“Confirmation Email”).  At this point:

(a)          a legally binding contract will be in place between you and us; and

(b)          we will dispatch the Products to you.

5.      Right to cancel for Consumers who order using the Website

5.1          If you are a Consumer and order using our Website, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products.

5.2         To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this contract.

5.3         To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.4         For the avoidance of doubt, if you buy from us offline e.g. from one of our clinics or if you are a business, you will not have any right to cancellation.

5.5          If you are a Consumer and you cancel this contract under clause 5.1, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

5.6          We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.

5.7          We will make the reimbursement without undue delay, and not later than:

(a)          14 days after the day we received back from you any Products supplied; or

(b)          (if earlier) 14 days after the day you provide evidence that you have returned the Products; or

(c)          if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

5.8         We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5.9         We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

5.10       If you have received Products:

(a)           you shall send back the Products to us at St John Court, 19B Quay Street Manchester M3 3HN without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Products before the period of 14 days has expired;

(b)           you will have to bear the direct cost of returning the Products to us; and

(c)           you are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

6.       Delivery of Products

6.1            Your Products will be delivered by a ‘drop shipment’ (directly from our suppliers) and you will be charged a standard postage fee for this delivery. Details of the cost of delivery shall be set out to you during the online checkout process.

6.2           We shall provide tracking details on despatch of the Product and shall provide you with the estimate date and time window for delivery of the Products.

6.3           If something happens:

(a)           which is caused by factors outside of our control (including without limitation relating to the virus COVID-19); and

(b)           which affects the estimated date of delivery,

we will let you have a revised estimated date for delivery of the Products.

6.4           Unless you and we agree otherwise, if we cannot deliver your Products within 30 days, we will:

(a)           let you know;

(b)           cancel your order; and

(c)           give you a refund.

6.5          You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.

6.6          Delivery of the Products will take place when we deliver them to the address that you gave to us or, if you buy them from a retail outlet or from one of our distributors, at the address where you take possession of the Product.

7.       Payment

7.1           We only accept payment via our third party payment facilitator, PayPal. We do not accept any other method of payment.

7.2          For more information surrounding payment via PayPal, how your personal information will be processed further to you making payment via Paypal, or how your payment information is kept secure by Paypal, please see www.paypal.com/myaccount/privacy/privacyhub.

7.3           If your payment is not received by us via Paypal and you have already received the Products, if you are unable to evidence the relevant payment for the Products, you:

(a)           must pay for such Products within 30 days; or

(b)           must return the Products to us as soon as possible.

In this event, while you have the Products in your possession, you must take reasonable care of them and not use them before you have either paid for them or before you return them to us.

7.4           If you do not return the Products where you have not paid for them, we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.

7.5           Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clause 5.

7.6           The price of the Products:

(a)           is in pounds sterling (£)(GBP);

(b)           includes VAT at the applicable rate; and

(c)           does not include the cost of delivering the Products (as per clause 6.1, details of cost of delivery shall set out to you during the online checkout process).

8.      Your rights as a Consumer

8.1          If you are a Consumer, in all cases, the Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the Products:

(a)          are of satisfactory quality;

(b)          are fit for purpose; and

(c)          match the description, sample or model.

We must provide you with Products that comply with these legal rights. Further detail surrounding your legal rights as a consumer is contained at clause 14.1.

8.2         The packaging of the Products may be different from that shown on the Website.

8.3         While we try to make sure that:

(a)          all Product sizes, ingredients, materials and measurements set out on the Website are as accurate as possible; and

(b)          the colours of our Products are displayed accurately on the site,

the actual colours that you see on your computer may vary depending on the monitor that you use and the sizes, ingredients, materials and measurements set out on the Website may not be 100% accurate.

8.4         Any Products sold:

(a)          at discount prices;

(b)          as remnants; or

(c)          as sub-standard,

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use before you use them.

8.5         If we can’t supply certain Products we may need to substitute them with alternative Products of equal or better standard and value. In this case:

(a)          we will let you know if we intend to do this but this may not always be possible; and

(b)          you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

8.6         Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.

9.      End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

10.    Limit on our responsibility to you

10.1        Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:

(a)          death or personal injury caused by our negligence;

(b)          your statutory rights (if you are a Consumer);

(c)          fraud or fraudulent misrepresentation; or

(d)         any other losses which cannot be excluded or limited by applicable law.

10.2       Except as described in clause 10.1, we are not legally responsible or liable to you for any (whether direct or indirect) of the following types of losses: loss of profit; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation or loss of goodwill.

10.3      Except as described in clause 10.1, our total liability to you shall not exceed the sum of the price paid by you for the Product.

10.4      We will not be liable for any loss (including death or personal injury) that does not result from our negligence, including but not limited to any loss resulting from misuse of the Products by you or any other person that is not in-line with the ‘instructions of use’ that are supplied with the Products.

11.    Disputes

11.1         We will try to resolve any disputes with you quickly and efficiently.

11.2        If you are unhappy with:

(a)          the Products;

(b)          our service to you; or

(c)          any other matter,

please contact us as soon as possible.

11.3        If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.

11.4        The laws of England and Wales will apply to this contract.

12.    Third party rights

No one other than a party to this contract has any right to enforce any term of this contract under the Contracts Rights of Third Parties Act 1999.

13.    Entire Agreement

13.1        This contract constitutes the entire agreement between us relating to its subject matter.  We both acknowledge that we have not entered into this contract on the basis of any warranty, representation, statement, agreement or undertaking except those expressly set out in this contract.

13.2       We both waive any claim for breach of this contract, or any right to rescind this contract in respect of, any representation which is not an express provision of this contract.

13.3       However, this clause does not exclude any liability which we may have to each other (or any right which either party may have to rescind this contract) in respect of any fraud or fraudulent misrepresentation.

14.   Summary of your key rights

14.1       If you are a Consumer, here is a summary of some of your key rights:

  • If you buy on our Website, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
  • If you didn’t buy on our Website, you don’t have legal right to a refund or replacement just because you change your mind BUT please ask us about returns policy as we may still be able to help.
  • Whether you bought on our Website or not, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
    • up to 30 days: if your goods are faulty, you can get a refund;
    • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
    • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
  • This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
  • The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

14.2    For more detailed information on your rights and what you should expect from us, please:

(a)              contact us using the contact details at the top of this page; or

(b)              visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

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