TERMS AND CONDITIONS
These Terms will apply to any contract between us for the sale of Products to you on our Website (“Contract”) to the exclusion of all other documents. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these General Conditions of Sale from time to time as set out in Clause 8. Every time you wish to order Products from D’IVOIRE SKIN LTD, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms and any Contract between us are only in the English language.
The purpose of the Website is for D’IVOIRE SKIN LTD to offer Products for sale to visitors of the Website (hereinafter “you” or “your”).
Products are intended strictly for your personal use and are not for professional activity.
All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sale, without said acceptance being contingent on you providing a hand-written signature. In accordance with the provisions of Regulations 9 and 11 of The Electronic Commerce (EC Directive) Regulations 2002 which govern the formation of electronic contracts in the United Kingdom, the recording and validation of the order form, as specified in Clause 6 (“Placing an Order”) below, constitutes the placing of an order between us for the purchase of the ordered Products.
1. INFORMATION ABOUT US
1.1 The Website is an e-commerce website that is accessible via the internet at www.davoire.com and is owned by D’Avoire Skin Limited a company incorporated in England and Wales with registered company number 12178093 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
1.2. Contacting us:
a) If you wish to contact us for information or general queries relating to our products or brands or because you have any feedback or complaints, please contact our Customer Services by email at email@example.com
b) If you wish to contact us for queries relating to placing an order, making purchases through our Website or deliveries, please contact Customer Services by email at firstname.lastname@example.org.
c) If you are emailing us or writing to us please quote your order number (if applicable) to help us identify your order.
d) If we have to contact you or give you notice in writing, we will do so by email to the email address you provide to us at the time of placing your order.
2. USE OF OUR WEBSITE
2.1. Your use of our Website is governed by our Website Terms and Conditions. Please take time to read these as they include important terms which apply to you.
2.2. You may only purchase Products from our Website if you are at least 18 years old.
3. AREAS OF DELIVERY
3.1. Products ordered by you on our Website can be delivered worldwide and you are responsible for ensuring a correct delivery address.
3.2. These General Conditions of Sale determine all the steps required to place an order, as described in Paragraph 4 “Order Terms and Conditions” and ensure the follow-up of said order between the parties.
4. OUR PRODUCTS
4.1. The Products D’IVOIRE SKIN LTD offers for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock and subject to these Terms. All Products should be kept out of the reach of children (individuals under 16 years of age) and are only suitable for adults over the age of 18
4.2. The images of the Products on our Website are for illustrative purposes only. The images that illustrate the Products do not fall within the scope of the Contract and D’IVOIRE SKIN LTD’s liability may not be incurred in connection with any such error. Products purchased may vary slightly from images on our Website.
4.3. The packaging of the Products may vary from that shown on images on our Website.
4.4. Product Availability:
Products are offered subject to availability. If a Product is not available, you shall be informed thereof as soon as possible. Such information may be provided to you:
a) at the time of placing your order. If a Product that can be bought online is unavailable it will state that the desired Product is out of stock; or
b) following the validation of your order. If a Product becomes unavailable prior to delivery, you will be contacted via email.
4.5. If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error on our Website, we will inform you of this by email and you can decide how you wish to proceed with your order or let us know if you wish to cancel your order.
4.6. If you have already paid for the Products, D’IVOIRE SKIN LTD will take the necessary steps with our designated payment partners, to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from your bank account as soon as possible. If none of the items ordered are available we will also refund any delivery costs charged as soon as possible.
4.7. No substitute product will be sent to replace the unavailable product.
4.8. D’IVOIRE SKIN LTD may not be held liable if Products are out of stock or unavailable.
4.9. Retention of title and risk:
a) Product(s) ordered shall remain the property of D’IVOIRE SKIN LTD until full receipt of the purchase price and all applicable delivery charges by D’IVOIRE SKIN LTD. If Products have been delivered to you and there is a payment incident or in the event of incomplete or partial payment, you undertake, at your cost, to return the Products to us at our first request.
b) On the date of delivery, the risks (in particular of theft or damage) concerning the Products are transferred to you.
Any samples offered are subject to availability. Any samples provided by D’IVOIRE SKIN LTD for you to try are for your personal use .only
5. PRICES AND PAYMENT
5.1. The prices of the Products are given in pounds sterling. We make our best endeavours to ensure prices are correct when completing an order. However, please see Clause 5.7 for errors in the price of Product(s) ordered.
5.2. The price of a Product includes VAT at the applicable rate chargeable in the UK on the date of the order. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.3. In the event that you are using a valid promotional code provided by D’IVOIRE SKIN LTD, this cannot be used in conjunction with another offer or promotion.
5.4. The price invoiced to you is the price stated on the Dispatch Confirmation (as defined below) sent via email by D’IVOIRE SKIN LTD.
5.5. The prices given include worldwide delivery costs
5.6. You accept D’IVOIRE SKIN LTD’s right to modify its prices at any time, however the Products will be invoiced on the basis of the prices in force when the order is recorded, subject to the availability of such Products. The price in force is that stated on the Website, unless there is a typographical error.
5.7. It is possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you within 3 working days using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing at the email address provided during the order process.
All payments must be made immediately over the internet. Unless the server is unavailable, you may pay with a credit or debit card.
You will need to enter:
• the card number;
• the expiry date;
• the name of cardholder; and
• the 3-digit safety code on the back of the card (4 digits for American Express)
Banking transactions will be carried out in a secure manner by our designated payment partners.
D’IVOIRE SKIN LTD reserves the right to refuse all orders if there is an existing dispute with you, in the event of total or partial failure by you to pay for that order or a previous order or if credit/debit card payment authorisation is refused by our payment banking organisations.
As part of the fight against online fraud, information concerning orders will be checked by our payment partners
6. PLACING AN ORDER
6.1. You may freely visit the various pages of our Website, with no commitment to order.
6.2. If you wish to place an order, you need to choose the various Products that are of interest, and confirm said interest by clicking on the “Add to Bag” button.
You may at any time:
• obtain a summary of the Products you have selected or modify your order, by clicking on the button “My Bag”, which is accessible on the top right of each page;
• complete your selection of Products and order them by clicking on “Checkout”.
You then have to identify yourself in the ‘Billing and Delivery’ stage:
• either by entering your email address and password, if you are a registered user on the Website; or
• by proceeding to the checkout page as a guest where you will be requested to provide your email address and delivery and billing information.
If you opt to become a registered user, you accept that entering a user name, as requested, constitutes proof of your identity and evidences your consent to become a registered user of the Website.
Once you have identified yourself in the ‘Secure Payment’ stage, before clicking ‘Pay Now’, an order summary appears on screen, which summarises: the names, quantities and prices of the Products selected by you, any applicable delivery costs, the order total, payment arrangements, your details, the delivery address for the Products, the billing address
6.3. Definitive validation of orders:
At the ‘Secure Payment’ stage you should verify that your shipping address and your billing address are correct. You are then requested to enter your credit/debit card details.
Once you have clicked “Pay Now” your order is validated and you will be bound by the order and acknowledge that the placing of the order implies an obligation from you to pay. This is subject to your consumer rights to cancel your order at any stage.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1. Our shopping pages will guide you through the steps you need to take to place an order. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
7.2. Once you have entered your details for payment and validated your order, an order acknowledgement page is displayed bearing an order number. This is also sent to you as an order acknowledgement email that summarises: the names, quantities and prices of the Products selected by you, the order total, your details, the delivery address for the Products, the billing address (“Order Acknowledgement”). Please note that this does not mean the order has been accepted. D’IVOIRE SKIN LTD’s acceptance of your order will take place as described below.
7.3. We will confirm our acceptance to you of your order, and the Contract is formed between us, by sending you an email that confirms that the Products have been shipped (“Dispatch Confirmation”). The Contract between us is formed on the date of the Dispatch Confirmation email. Dispatch Confirmation sets out all the components of the Contract formed between us, including the names, quantities and prices of the Products selected by you, the order total, your details, the delivery address for the Products, the billing address, You are advised also to keep a copy (electronic or printed) of the information concerning your order.
7.4. The data recorded by the Website constitutes proof of all the transactions concluded between D’IVOIRE SKIN LTD and you. In the event of a dispute between D’IVOIRE SKIN LTD and you on a transaction carried out on the Website, the data recorded by D’IVOIRE SKIN LTD shall be deemed irrefutable proof of the contents of the transaction.
8. OUR RIGHT TO VARY THESE TERMS
8.1. D’IVOIRE SKIN LTD may update these General Conditions of Sale from time to time. Every time you wish to order Products from D’IVOIRE SKIN LTD, please check these Terms to ensure you understand the terms which will apply at the time of your order and which will apply to the Contract between us.
8.2. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
a) changes in relevant laws and regulatory requirements; and/or
b) changes in our business practices.
8.3. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all of the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you paid for the relevant Product(s), the delivery charges and the cost of returning the Product(s) to us subject to Clause 10.
9.1 Orders are prepared and then dispatched by a carrier nominated by D’IVOIRE SKIN LTD. The estimated delivery time will be included in the Order Acknowledgement and Dispatch Confirmation sent to you. The estimated delivery times set out in the table below are from the date on which you place your order with us. Please note that the delivery time quoted is an estimate only.
Standard Delivery 5-7 working days
9.2. The Products ordered by you will be delivered to the delivery address stated by you when completing your order on our Website and you will need to sign for the delivery. You undertake to supply the exact delivery address when placing your order for the Products, which can be different to the billing address you provide.
9.3. You must ensure someone is available at the address given to accept delivery
9.4. Delivery of an order shall be completed when we deliver the Products to the address you give to us when completing your order on our Website and the Products will be your responsibility from that time.
9.5. You own the Products once we have received payment in full.
9.6. Delivery problems:
D’IVOIRE SKIN LTD will not be liable or responsible if your delivery is affected by an Event Outside Our Control (see Clause 13) including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the Products ordered. If a delivery is late, you must inform D’IVOIRE SKIN LTD Customer services immediately, by email sent to email@example.com D’IVOIRE SKIN LTD shall then contact its chosen carrier in order to initiate an enquiry. Enquiries may take some time.
Orders should be delivered at the latest thirty (30) days after the date on which you receive a Dispatch Confirmation email from us.
9.7. Upon receipt of the Products ordered, you must check that the Products are as per your order completed on our Website. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by you on the delivery note including the returns form presented to you when the parcel is delivered and must immediately be notified to our D’IVOIRE SKIN LTD Customer services immediately, by email sent to firstname.lastname@example.org specifying which product does not match the order.
9.8. If we miss the Estimated Delivery Time for any Product(s) then you may cancel your order immediately if any of the following apply:
a) we have refused to deliver the Product(s); or
b) delivery within the Estimated Delivery Time was essential (taking into account all the relevant circumstances) and you specifically communicated this to us in writing before we accepted your order.
9.9. If we miss the Estimated Delivery Time for any Products and you do not wish to cancel your order immediately, or do not have the right to do so under Clause 9.8, you can give us a new time for delivery, which must be reasonable, and you can cancel your order if we do not meet the new time.
9.10. If you do choose to cancel your order for late delivery under Clause 9.8 or 9.9 and the Products have been delivered to you, you will have to return them to us, and we will pay the reasonable costs of this subject to inclusion of an applicable returns delivery receipt. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
10.1. If you are a consumer in the United Kingdom or EU Countries , you have a legal right to:
a) withdraw from the Contract at any time before the Contract is entered into (i.e. the period from when an order is placed until the Dispatch Confirmation email is sent); or
b) cancel a Contract at any time from when the Contract is entered into (i.e. from the date the Dispatch Confirmation email is sent) until 14 days after the day on which you receive the Product(s).
For example: if we provide you with a Dispatch Confirmation email on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
10.2. This means that during the relevant periods at 10.1 a) or b) above if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your Citizen’s Advice Bureau or Trading Standards Office.
10.3. However this cancellation right does not apply in the case of a Contract for the supply of sealed goods which are not suitable for return due to health protection and hygiene reasons, if they become unsealed after delivery. Products which contain a seal to be removed before use fall within the category of ‘sealed goods’.
10.4. To cancel a Contract, you need to let us know that you have decided to cancel. We will email you to confirm we have received your cancellation.
10.5. If you cancel your Contract you will need to pay the cost of returning the Product(s) to us and do this as soon as possible and, in any event, no later than 14 days after the date you communicated the cancellation of the Contract. D’Avoire Skin Ltd does not accept returns with delivery charges due.
a) You must send Product(s) back with the Product Return and Refund Form obtained from us with your order to:
D’Avoire Skin Ltd Customer Care Department, Returns, 22 Albyn Drive, West Lothian, United Kingdom, EH54 9JN
b) You shall assume all reasonable risks linked to the return of Product(s) and take reasonable care thereof whilst in your possession. If you fail to return any Product the direct cost of recovery of that Product by D’Avoire Skin Ltd shall be borne by you
c) If you return all of the Product(s) you have ordered you must also return any free samples or you may have received within your order.
10.6. If you cancel your Contract we will:
a) refund you the price you paid for the Products. We will refund you using the same means of payment you used for the initial transaction (unless expressly agreed otherwise). Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
b) refund minus a £10 handling fee
c) make any refunds due to you no later than 14 days after the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence (i.e. date stamped written statement from an established postal service provider listing the sender and the recipient) that you have sent the Product(s) back to us.
10.7. If you have returned a Product to us because it is faulty, damaged or you have not received the Product you ordered, we will examine the Product as quickly as possible. If the non-compliant nature of the Product is confirmed by us, we will refund the price of the Product in full.
We will pay the reasonable delivery costs you incur in returning the Product(s) to us subject to the inclusion of a returns proof of postage receipt. We request that you contact us prior to returning a product
10.8. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in the General Conditions of Sale. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.9. The right of cancellation can only be exercised by you, the purchaser of the Product, and not by a third party.
11. HOW WE USE YOUR PERSONAL INFORMATION
12. OUR LIABILITY
12.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to only use the product if you are over 18 years old
12.3. We exclude all liability for use of our products and any consequences thereof
13. EVENTS OUTSIDE OUR CONTROL
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 13.2.
13.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes of all natures, lock-outs or other industrial action by third parties, civil commotion, riot, insurrection, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, severe disturbance in the security of the internet, technical failures, unauthorised access and/or intrusions into the Website’s servers, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will refund the price you have paid.
14. OTHER IMPORTANT TERMS
14.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. If one or more stipulations of these Terms is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.
14.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. These Terms and the Dispatch Confirmation email sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
14.5. In the event of a contradiction between these documents, these Terms shall prevail.
14.6. These Terms and the contractual relations between D’Avoire Skin Ltd and you shall be governed by the laws of Scotland. This means a contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by Scots law. The parties agree that the courts of Scotland will have exclusive jurisdiction.