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TERMA AND CONDITIONS
Terms and Conditions of Supply for (Dermarform) The Inn Organisations Ltd.
Index
7 How to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please call customer services on 00 44 (0) 20 8798 0365 or email us at contact@dermareform.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively, print off the cancellation form at the end of these terms and conditions and post it to us at the address on the form.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must call customer services on 00 44 (0) 20 8798 0365 or email us at contact@dermareform.com for a return label or arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a)if the products are faulty or misdescribed; or
(b)if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something, we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. Depending on your location, the cost of collection may be the same as your postal charge. If the costs of collecting the product from you are going to be higher than that amount, we will notify you about it at the time of arranging the collection.
7.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below and will only refund the delivery costs if you return the whole of your order to us.
7.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a)If we have not offered to collect the product, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 7.2.
(b)In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8 If there is a problem with the product
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 00 44 (0) 20 8798 0365 or write to us at contact@dermareform.com or Dermareform, Basepoint, Business Centre, The Old Rectory, Springhead Road, Northfleet. DA11 8HN UK
8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
8.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 00 44 (0) 20 8798 0365 or email us at contact@dermareform.com for a return label or to arrange collection.
9 Price, payment and shipment
9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong? It is always possible that some of the products we sell may be incorrectly priced on our site. We will normally check prices before dispatching your order so that, where the products correct price at your order date is less than our stated price at your order date, we will refund the difference between the correct price and our stated price. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.4 When you must pay and how you must pay. We accept payment with Mastercard or Visa credit and debit cards at the time of placing your order. If for any reason described in clause 3.2 we are unable to accept your order, we will arrange a refund to the same card account within five working days.
9.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of METRO Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10 Our responsibility for loss or damage suffered by you
10.1 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 the loss or damage you suffer that is a foreseeable result of our breaking this contract. 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.
10.2 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 as summarised in clause 8.2 including the right to receive products which are: as described and match the 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; and for defective products under the Consumer Protection Act 1987.
10.3 We are not liable to you where the loss and damage could have been avoided. We will not be liable for loss and damage which was caused by:
(a)you failing to correctly follow our product application instructions on our site; or
(b)you are using the product when you knew you had an allergy to one of the ingredients contained within the product or have previously had an allergic reaction to an ingredient contained within the product; or
(c)you are using the product when you have a medical or other condition (e.g., pregnancy or stress) and you used it without first discussing the product’s suitability for you with your medical practitioner.
10.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11 How we may use your personal information
11.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy here
12 Other important terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 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.
12.3 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.
12.4 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.
12.5 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.
12.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Jersey, you can bring legal proceedings in respect of the products in either the courts of Jersey or the English courts. If you live in Guernsey, you can bring legal proceedings in respect of the products in either the courts of Guernsey or the English courts.