Website Terms of Sale
(Last updated 19th December 2012)
1. About these Terms of Sale
1.1 These Terms of Sale set out important information and conditions regarding your orders and purchases of products from us on our Website at www.eleganttouch.co.uk In these Terms of Sale “us”, “we” and “our” means Original Additions (Beauty Products) Limited – please refer to our Website Usage Policy for more details about us.
1.2 You will be asked to read and agree to these Terms of Sale before you place an order for products from our Website. We intend to rely on them and it is our intention that you will be legally bound by them when you order from this Website. Please read them carefully. In particular your attention is drawn to the sections on “your commitments to us” (clause 3), “your right to cancel” (clause 6) and “our liability to you” (clause 7).
1.3 If you have any questions about these Terms of Sale, please contact us at firstname.lastname@example.org or 0208 753 9907 before ordering. If you do not wish to accept them, we must ask that you do not order products from this Website.
1.4 We may occasionally update these Terms of Sale, for example to comply with changes in the law or to take account of new ordering processes or new products we may offer. You should read the latest version on this Website whenever you place an order to ensure you are happy with any changes. Any revisions will not affect any orders we have already accepted from you.
1.5 We will not necessarily keep a copy of these Terms of Sale specifically in relation to your order. We therefore recommend that you print and retain a copy of these Terms of Sale for your records.
2. Placing an order
2.1 When you submit an order, you are offering to purchase products from us at the prices indicated on the Website.
2.2 All orders for products from the Website must be placed using the shopping basket facility provided on the Website.
2.3 When you are ready to submit the order, you will be taken to a secure website operated by our provider of on-line payment facilities where you can enter your payment information.
2.4 Once your payment has been processed, you will be directed to a final confirmation screen on the Website displaying the details of your order. Please note: orders paid by PayPal eCheques are dispatched once echeque is cleared; this can take up to 7 working days. You will also be sent an email acknowledging acceptance of your order.
2.5 The contract between us is not formed until we have acknowledged acceptance of your order. This means that we will not be obliged to supply products until then.
2.6 If you are aged under 18, you must get your parent’s / guardian’s consent and ask them to read these Terms of Sale before ordering.
2.7 If you discover you have made a mistake with your order after you have submitted it to us, please contact us immediately so we can correct the mistake before the products are despatched.
2.8 We do our best to ensure that all products shown on this Website are available to order. However, if any products that you have ordered are out of stock or no longer available we will attempt to contact you. If the products that you have ordered are no longer available, we may offer you substitute products of a similar nature and quality. Again, in this case, we will contact you first and ask if you wish to proceed.
2.9 If you have any problems with your order, please contact us at email@example.com or 0208 753 9907.
3. Your commitments to us
3.1 As a condition of ordering from us, you promise to us that:
3.1.1 either (a) you are at least 18 years of age and legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms of Sale, or (b) you have the permission of your parent or guardian to make the order and they have read these Terms of Sale;
3.1.2 the information you provide in your order is accurate and complete;
3.1.3 you will be able to accept delivery of the products at an address in England, Scotland, Wales or Northern Ireland
3.1.4 you are ordering the products in your personal capacity and not for re-sale or any other business purpose.
We may withhold products and/or cancel the contract between us if you do not meet any of the above conditions.
4. Prices and payment
4.1 Prices for products are quoted on our Website. We regularly check prices but the Website contains a large number of products and despite our best efforts it is always possible that some of the prices on the Website may be incorrect. We will verify prices as part of the order process so that a product’s correct price will be stated at the point when you are asked to make payment.
4.2 Delivery costs for products will be confirmed prior to you submitting your order. These may vary depending on which delivery method you select.
4.3 The prices on the Website include all taxes, including VAT (where applicable).
4.4 Payment for all products must be made using the payment facilities available through our Website.
4.5 Payment must be made in British pounds (sterling) upon the submission of your order. We may withhold the products and/or cancel the contract between us if payment is not received from you in full in cleared funds.
4.6 We reserve the right to change prices for products at any time, but changes will not affect your orders which we have already accepted.
5.1 We aim to despatch and deliver products as soon as possible but we cannot give an exact delivery date. We do however guarantee that, unless there are exceptional circumstances outside our control, all products will be delivered within 30 days of the date of your order.
5.2 We will arrange for delivery of the products either by Royal Mail first class post or by courier depending on the delivery option you choose. Please read more about Delivery & Returns here.
5.3 The products will be delivered to the delivery address specified by you when making your order. If you order more than one product in a single order then they may be despatched separately and arrive with you at different times.
5.4 If you haven’t received the products you ordered within 30 days please let us know. You may cancel the order and we will refund any money paid by you if we have not delivered your products within 30 days.
Please read more about Delivery & Returns here.
6. Cancellation and returns
Your right to cancel:
6.1 If you are a consumer (i.e. you are not purchasing either wholly or partly for your business and you are not a business) you have the right to cancel an order if you change your mind and receive a refund from us. This right to cancel is in addition to your legal rights to return defective or damaged products. However, it does not apply to orders for all types of products, for example personalised or perishable items.
6.2 You may choose to exercise your right to cancel within 7 working days, starting on the day after the date when the products are delivered to you. If you wish to cancel your order in this way, please contact us via the Contact Us page on the website.
6.3 If you choose to exercise this right to cancel, you will be responsible for returning the products to us and the cost of doing so.
6.4 If you have not returned the products within 14 days of telling us you wish to cancel or when requested by us to do so, whichever occurs first, we may collect the products from you at your cost.
6.5 Details of this right to cancel will also be provided to you in writing after you place your order.
6.6 You should inspect the products when you receive them for defects or damage. If you find that they are already defective or damaged you should tell us as soon as possible and we will arrange for their return to us at no cost to you.
6.7 We will (at our option) replace the defective or damaged products or refund the full price paid by you for the products.
General information about returns of products:
6.8 Please send all returns to us at Ventura House, Bullsbrook Road, Hayes, Middlesex, UB4 0UJ with a covering letter stating your returns number and accompanied by a copy of the original delivery note.
6.9 Whenever you return products to us, please try to ensure as far as possible that they are unused, unopened and in their original packaging with any seals and shrink-wrap intact.
6.10 If you wish to return any products, you are responsible for taking care of them until they are received by us. We recommend that you return products by recorded delivery.
6.11 All refunds will be paid within 30 days and by the payment method which you originally used for the purchase. If a discount was applied to the price you paid for the product, we will only refund the actual amount you paid.
6.12 Nothing in these Terms of Sale affects any other legal rights you may have to reject or return products.
Please read more about Delivery & Returns here.
7. Our liability to you
7.1 For further information about your legal rights and how they may be affected by these Terms of Sale, including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau.
7.2 In this clause 7 “losses” means (without limitation) any losses, costs, damages, injuries, accidents or claims suffered by you or any third party.
7.3 We do not exclude or limit our liability (if any) to you in respect of:
7.3.1 personal injury or death resulting from our negligence (i.e. our failure to take proper care);
7.3.2 fraud; or
7.3.3 any matter in relation to which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.
7.4 We are only liable to you for losses which you suffer as a result of a breach by us of these Terms of Sale or arising out of your consumer rights granted by law.
7.5 We are not responsible to you for any losses you may incur which were not a foreseeable or obvious consequence of us breaching these Terms of Sale or your consumer rights granted by law – for example, if you and we could not have anticipated those losses before or when we accepted your order or it was not obvious that those losses would result.
7.6 We are not responsible to you for losses which you suffer due to any event beyond our reasonable control.
7.7 Our liability shall not in any circumstances include any business losses that you may incur, including but not limited to lost business data, lost profits or business interruption.
7.8 Except for the commitments we expressly make in these Terms of Sale and any additional commitments arising out of your consumer rights granted by law, we do not make any other commitments or warranties in relation to your orders or the products we supply.
8. Other important information to be aware of
8.1 Unless you are aged under 18 and are ordering with the consent of your parent or guardian, neither you nor we intend that these Terms of Sale will be enforceable by anyone except you and us (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
8.3 All communications between us will be conducted in the English language. Any communications we send to you will be sent to the most recent e-mail address or postal address provided to us by you.
8.4 We may transfer any of our rights or obligations arising under these Terms of Sale at any time, providing such transfer does not adversely affect your rights under these Terms of Sale. For example, such a transfer may occur if there is a future sale of our business.
8.5 English law applies to these Terms of Sale. If any disputes arise between you and us in relation to these Terms of Sale and you want to take court proceedings, you must do so in the English courts unless you are an individual consumer and reside in Scotland, Wales or Northern Ireland, in which case you may do so in the courts of the country in which you reside.
Original Additions (Beauty Products) Limited
Online Dispute Resolution: http://ec.europa.eu/consumers/odr/