General terms of sale.
Please read all these terms and conditions.
1—These Terms and Conditions will apply to the purchase of the Products by you (the Customer or you). We are LA RECETTE DE SAB trading as SENSAB skincare of Kemp House 160 City Road, London, EC1V 2NX with email address firstname.lastname@example.org; (the Supplier or us or we).
The site www.sensab-skincare.com is an e-commerce website accessible via the internet network at the address www.sensab-skincare.com.
It is open to any user of the network and published by the LA RECETTE DE SAB trading as SENSAB skincare.
2—These are the terms on which we sell all Products to you. By ordering any of the Products, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Products from the Website if you are eligible to enter into a contract and are at least 18 years old.
3—Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4—Contract means the legally-binding agreement between you and us for the supply of the Products;
5—Delivery Location means the Supplier's premises or other location where the Products are to be supplied, as set out in the Order;
6—Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7—Products means the Products advertised on the Website that we supply to you of the number and description as set out in the Order;
8—Order means the Customer's order for the Products from the Supplier as submitted following the step by step process set out on the Website;
10—Website means our website www.sensab-skincare.com on which the Products are advertised.
11—The description of the Products is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Products supplied.
12—In the case of any Products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13—All Products which appear on the Website are subject to availability.
14—We can make changes to the Products which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16—We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
16—Prior to placing an order, you may check the main features of any product or products you wish to order, by consulting our Website.
17—We reserve the right to cancel an order(s) in the event of misuse or suspected suspicious activity. The customer will be contacted to be advised if their order has been cancelled due to this reason.
18—If you obtain a product/item on your order for free due to a technical error, you are obliged to pay the value of Products received or alternatively return the Products in full to us.
Basis of Sale.
19—The description of the Products in our website does not constitute a contractual offer to sell the Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
20—The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
21—A Contract will be formed for the sale of Products ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
By placing an Order you agree to giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Products supplied under the Contract.
22—No variation of the Contract, whether about description of the Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23—We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment.
24—The price of the Products and any additional delivery or other charges is set out on the Website at the date of the Order or such other price as we may agree in writing.
25—Prices and charges include VAT at the rate applicable at the time of the Order.
26—You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Products.
27—We will deliver the Products, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
28—In any case, regardless of events beyond our control, if we do not deliver the Products on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Products, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
-after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
29—If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
30—If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Products or rejecting Products that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Products. If the Products have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
31—If any Products form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the Products or the character of the unit) you cannot cancel or reject the Order for some of those Products without also cancelling or rejecting the Order for the rest of them.
32—We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33—You agree we may deliver the Products in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
34—If you or your nominee fail, through no fault of ours, to take delivery of the Products at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
35—The Products will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Products before accepting them.
Risk and Title.
36—Risk of damage to, or loss of, any Products will pass to you when the Products are delivered to you.
37—You do not own the Products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Products still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation.
38—You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
39—This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following Products (with no others) in the following circumstances:
- foodstuffs, beverages or other Products intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
- Products that are made to your specifications or are clearly personalised;
- Products which are liable to deteriorate or expire rapidly.
40—Also, the Cancellation Rights for a Contract cease to be available in where, in the case of any sales contract, if the Products become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel.
41—Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
42—The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Products. In a contract for the supply of Products over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
43—To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
44—You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.sensab-skincare.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
45—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.
Effects of cancellation in the cancellation period.
46—Except as set out below, if you cancel this Contract, 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).
Deduction for Products supplied.
47—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 (ie handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement.
48—If we have not offered to collect the Products, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Products supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Products.
49—If we have offered to collect the Products or if no Products were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
50—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.
51—If you have received Products in connection with the Contract which you have cancelled, you must send back the Products or hand them over to us at KEMP HOUSE 160 CITY ROAD, LONDON, EC1V 2NX without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Products before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Products.
52—For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of Products to a consumer and the consumer pays or agrees to pay the price, including any contract that has both Products and services as its object.
53—All rights in the Products and to the content and the Website belong to us and /or our third party content providers and are protected by the Intellectual Property laws of the United Kingdom. We may license third parties to use the Content at our sole discretion.
54—In accordance with legislation governing the ownership of literary and artistic rights, or other similar rights, this Website and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this Website, together with their compilation, are the exclusive property of the Sensab, as it does not grant any license or any entitlement other than that of consulting the Website.
55—Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited. Neither the Website (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorization from the Sensab. Any other use constitutes infringement.
56—We have a legal duty to supply the Products in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
57—Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
59—For the purposes of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
60—We are a Data Controller of the Personal Data we Process in providing Products to you.
61—Where you supply Personal Data to us so we can provide Products to you, and we Process that Personal Data in the course of providing the Products to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
62—For any enquiries or complaints regarding data privacy, you can email: info@sensab-skincare.
63—The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Products wholly or mainly for its business, trade, craft or profession.
64—Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
65—All notices from you to us must be in writing and sent by email, registered post or airmail. Our contact details can be found here. All notices from us to you will be displayed on the Website from time to time or sent by email, registered post or airmail to any address provided by you to us.
Notices will be deemed received immediately when posted on the website, 24 hours after an email is sent, 3 business days after the date of posting of any letter by registered post, and 10 business days after the date of posting if sent by airmail.
If a notice is deemed to have been received after 4.00 pm (local time of the recipient) on a business day, or on any day which is not a business day, it shall be deemed to have been received at 9.00 am (local time of the recipient) on the next business day.
Governing law, jurisdiction and complaints.
66—The Contract (including any non-contractual matters) is governed by the law of England and Wales.
67—Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
68—We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution..
69—These terms and conditions were created using a document from Rocket Lawyer https://www.rocketlawyer.com/gb/en.
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