Essential Skincare - Environ skincare and Jane Iredale makeup  products  
 
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ENVIRON®
JANE IREDALE
 
 
 
 

 
 
Essential Skincare Terms & Conditions
PLEASE READ OUR TERMS AND CONDITIONS OF SALE CAREFULLY

1. Conditions:

1.1 Any order or purchase of Products by you from Essential Skincare shall be conclusive proof of your acceptance of these terms and conditions ('the Conditions') which shall apply to such order or purchase and without any alteration except with Essential Skincare's written consent.

1.2 In the Conditions the following words and expressions shall have the following meanings:

1.2.1 'Essential Skincare' means Alexis Frieder trading as Essential Skincare.

1.2.2. 'you' and/or 'your' means you the customer and/or any person who orders, buys or agrees to buy any Products from Essential Skincare; and

1.2.3 'Products' means any goods or services supplied by Essential Skincare to you.

1.3 Any order for Products shall be deemed to be an offer by you to purchase Products pursuant to the Conditions and no contract will subsist between you and Essential Skincare unless and until Essential Skincare accepts your order in accordance with the Conditions (by email in the case of orders over the internet) confirming that it has sent or is sending you the Products. Such acceptance by Essential Skincare will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Essential Skincare sends the email to you (whether or not you receive that email).

2. Delivery:

2.1 Essential Skincare aims to process orders as quickly as reasonably possible and, stock permitting, all orders placed are usually dispatched within 5 days to arrive with UK customers within 10 working days of the placing of the order. In the event that any Product is temporarily out of stock, Essential Skincare will notify you of the delay and despatch the Products as soon as possible.

2.2 Delivery dates are given in good faith but time shall not be of the essence and Essential Skincare shall have no liability for failure to deliver the Products (or any of them) promptly or at all; but notwithstanding such failure you shall be bound to accept delivery and to pay for the Products in full provided that delivery shall be tendered at any time within 28 days of the date of your order (or such later date as notified to you in accordance with clause 2.1).

2.3 The Products shall be delivered to you at the address you have notified to us with your order and you shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery and risk in the Products shall pass to you immediately after they are delivered to your address.

2.4 Essential Skincare may deliver the Products by separate consignments.

2.5 UK postage will be charged according to the size of the order. Non-UK charges are available on request.

3. Nature of Products:

3.1 The Products shall be supplied in accordance with the description contained in Essential Skincare's Product specification except that Essential Skincare may from time to time make changes in the specification of the Products which are required to comply with any applicable safety or statutory requirements or which do not materially impair the function of the Products.

3.2 The specifications and designs of the Products and their packaging (including the copyright, design right or other intellectual property in them) shall as between Essential Skincare and you be the property of Essential Skincare.

4. Acceptance of Products:

4.1 You shall be deemed to have accepted the Products immediately upon delivery to you.

4.2 You shall inspect all the Products upon delivery and shall within 48 hours notify Essential Skincare of any defects or if the Products are otherwise not in accordance with the contract.

4.3 If you properly reject any Products which are defective or otherwise not in accordance with the contract you shall be entitled to a refund of the purchase price (including postage and packing charges) or (at the option of Essential Skincare) replacements of the defective Products and in any case your costs of return carriage up to a maximum of £5.

4.4 If you are dissatisfied with any Products which are not defective nor otherwise not in accordance with the contract and at your cost you return such Products to Essential Skincare within 15 days of delivery to you and such Products are undamaged, unused and in original packaging we shall refund to you the purchase price (but not any postage and packing charges).

4.5 Essential Skincare is not liable for Products damaged during transit from you to us and proof of postage is not proof of delivery to Essential Skincare. Essential Skincare strongly advises you to send your returned Products by recorded delivery, registered post or courier and to maintain sufficient insurance to cover the value of the Products.

5. Cancellation:

5.1 If you wish to change or cancel your order you must contact Essential Skincare's customer services representatives at info@essential-skincare.co.uk or telephone 07968 778 402 between 10am and 5pm weekdays.

5.2 In the event of cancellation before Essential Skincare has packed or dispatched your order Essential Skincare shall refund all amounts paid by you in respect of such Products.

5.3 In the event of cancellation after Essential Skincare has packed and/or dispatched your order the terms of clauses 4.3 and 4.4 shall apply.

6. General Exclusion and Limitation:

6.1 Essential Skincare shall be under no liability whatever to you for any consequential or indirect loss and\or expense (including loss of turnover and profit) suffered by you arising out of a breach of this contract or negligence by Essential Skincare.

6.2 In the event of a breach of this contract or negligence by Essential Skincare your remedies shall be limited to damages. Under no circumstances shall the liability of Essential Skincare exceed the price of the Products (including postage and packing charges).

6.3 Essential Skincare shall be under no liability whatever in respect of the following which are hereby expressly excluded, except insofar as such exclusions may be unlawful:

6.3.1 for injury, damage of any kind or nature, direct, indirect, consequential or contingent to personal property howsoever caused;

6.3.2 for any costs incurred by you without the prior written approval of Essential Skincare to repair, replace, or carry out any work on any of the Products, defective or otherwise;

6.3.3 for any other damage, losses, costs, (including loss of goods, chattels, or any other delays, loss arising from delay or due to liabilities to customers and third parties and all other such losses of any nature) whether direct or indirect and whether or not resulting from or contributed to or aggravated by the default or negligence of Essential Skincare, or its servants or agents or by any defect in the Products.

6.4 Nothing in the Conditions shall exclude any liability for personal injury or death caused by the negligence of Essential Skincare.

6.5 Important: Essential Skincare strongly recommends that the Products are not purchased by you without a consultation with one of Essential Skincare's customer representatives to ensure, on the basis of information provided by you about your skin type, health (including allergies an medical history) and use of other products, that the Products you wish to order are suitable for you. Failure to have the consultation, provide correct information to the customer representative, follow the advice of the customer representative or incorrect choice or use of Products may result in harm or other loss to you and any liability for such harm or other loss in accordance with the terms of this clause 6.5 are hereby expressly excluded, except in so far as such exclusions may be unlawful.

7. Reservation of Ownership:

7.1 All property, legal and beneficial, in any Products supplied by Essential Skincare shall not pass to you until Essential Skincare has received full payment for all sums then owed by you to Essential Skincare.

7.2 Products in respect of which property has remained with Essential Skincare shall be kept identifiable as the property of Essential Skincare and you shall at your own expense immediately return such Products to Essential Skincare should Essential Skincare so request.

8.Intellectual Property:

8.1 All Products are sold subject to the rights of any person in any patent, trade mark, registered design, copyright or other intellectual property or information including any restriction on resale or use of the Products in any part of the world and Products are supplied on the basis that you accept such title to the Products as Essential Skincare may have.

8.2 All website design, text, graphics, get-up, information, its selection and arrangement and all software compilations, underlying source codes, software (including Applets) and all other material on Essential Skincare's website are the copyright of Essential Skincare and/or its associates and providers. All rights are reserved. 8.3 The taking of electronic and printed hard copies from the website are permitted for the sole purpose of placing an order with Essential Skincare or using its website as a shopping resource. Any other use including, but not limited to, reproduction of individual items, photocopies of pages or the complete website is strictly prohibited without the written permission of Essential Skincare.

9. Privacy Policy:

9.1 Essential Skincare is committed to protecting your privacy and as such does not pass information concerning you to other businesses. However, Essential Skincare may use information collected about you to process orders and to supply goods and services to you in the future. Essential Skincare does not sell, swap or rent your personal information to any other business.

9.2 When you place an order Essential Skincare gathers the following information: your name, Products viewed, registered credit/debit card address, delivery address, email address, credit/debit card number, expiry date and issue number (where appropriate) and Essential Skincare also requests from you a contact telephone number which enables Essential Skincare to contact you if there is any query with your order. Further, Essential Skincare may provide your telephone number and other details as necessary to couriers for the express purpose of contacting you regarding delivery.

9.3 A Cookie is a small piece of data that a website can send to your browser which is then stored by your computer. Like most on-line retailers Essential Skincare uses Cookies to understand who has seen which pages, to determine the most popular areas of the website and to generally enhance your shopping experience. Cookies also allow Essential Skincare to track the contents of your shopping basket once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' options. Most web browsers automatically accept Cookies. You do not have to access Cookies and you may wish to set up your software to notify you when you receive a Cookie thereby providing you with the opportunity whether or not you accept it.

9.4 Essential Skincare is registered under the Data Protection Act 1998 to hold personal electronic data and Essential Skincare abides by the provisions of that Act. Essential Skincare endeavours to take all reasonable steps to protect your personal information but can not guarantee the security of any data you disclose online and any liability whatever in respect of such information and its security is hereby expressly excluded, except insofar as exclusion may be unlawful or any breach of security is due to our wilful default.

9.5 You have a legal right to see personal data (as defined by the Data Protection Act 1998) that Essential Skincare keep about you. Such request must be in writing, with proof of identity and payment of a nominal fee. Please contact Essential Skincare for further information.

9.6 By registering as a user of Essential Skincare's website, using the website and/or ordering Products from Essential Skincare, you consent to the collection and use of personal information by Essential Skincare. Essential Skincare's website will be regularly updated with the latest information on this privacy policy. Any enquiries relating to this privacy policy should be sent to: Essential Skincare, 7 The Coach House, Otterspool Lane, Aldenham, Herts, WD25 8AX.
10. Website:

10.1 Essential Skincare provides its website and its contents on an 'as is' basis and makes no, and expressly disclaims all, representations or warranties of any kind, whether express or implied, with respect to the website or the information, materials, content or Products or other goods or services included on the website including, without limitation, warranties of satisfactory quality in each case to the fullest extent permitted by law.

10.2 Essential Skincare does not represent nor warrant that the information accessible via its website is accurate, complete or current and excludes all liability in respect of such information.

10.3 Price and availability information is subject to change without notice and Products supplied may have different packaging to that shown on the website. Further Essential Skincare reserves the right to make any changes in the specification of the Products provided that the Product is not thereby materially different and such changes shall be without liability and may be made without notice.

10.4 Except as provided elsewhere in the Conditions neither Essential Skincare nor any of its associates, owners, employees or other representatives will be liable for damages arising out of or in connection with the use of the website or any information, content, materials or any of the Products included on the website.

11. Price and Terms of Payment:

11.1 Payment for the Products shall be made by you in full at the time of your order.

11.2 All materials including, but not limited to, price lists, catalogues, websites, advertising matter or similar issued by Essential Skincare are indicative only as to the price and range or Products available from time to time and Essential Skincare reserves the right to amend quoted prices and delivery charges at any time prior to delivery.

11.3 The minimum order value (excluding postage and packing but including VAT) is £7.

12. Force Majeure:

Essential Skincare shall not be liable for any claims, costs, damages or other losses suffered by you to the extent resulting from any failure on the part of Essential Skincare, its servants and / or agents caused by or directly or indirectly due to war, terrorism, act of any Government or other competent authority, civil unrest, embargo, computer system failure, storm, fire, accident, industrial action including strikes or lockouts, acts of God, illness, prevention from or hindrance in obtaining raw materials, energy or other supplies, or any other similar cause or matter beyond the reasonable control of Essential Skincare.

13. Waiver:

The delay or failure of Essential Skincare in enforcing or exercising any of its rights or remedies arising pursuant to the Conditions or otherwise the contract between Essential Skincare and you does not constitute and shall not be construed as the waiver of any such right.

14. Notices:

Any notice given or pursuant to the Conditions or any contract between Essential Skincare and you may be sent by post, registered post or recorded delivery or email resulting in the receiving of a written communication sent or transmitted to the address of Essential Skincare appearing in the Conditions or your address as contained in your order or any enquiry made by you or as otherwise notified by you to us and shall be deemed validly and effectively given on the second working day after it has been sent by post or on the next working day if sent by email. For the purposes of the Conditions Essential Skincare's contact details are as follows: Essential Skincare, 7 The Coach House, Otterspool Lane, Aldenham, Herts, WD25 8AX.

15. Jurisdiction:

The Conditions and any contract between you and Essential Skincare are subject to the laws of England and the non-exclusive jurisdiction of the English Courts. If any dispute or difference shall arise between you and Essential Skincare as to the meaning of the Conditions, then it shall be referred to the determination of an arbitrator to be appointed by the agreement of the parties or (in default of agreement within 21 days the service upon one party of the written request to concur to such an appointment) by the President for the time being of the Chartered Institute of Arbitrators.

 

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