Terms and conditions

Terms and Conditions

Please read all these terms and conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read and accept these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

1. Application

1.1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Skin By DM Ltd a company registered in England and Wales under number 13316751 whose registered office is at 6 Allyington Way, Worth, Crawley, West Sussex, RH10 7WA with email address skinbydm@gmail.com; (the Supplier or us or we)

1.2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, 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 service from the Website if you are eligible to enter into a contract and are at least 18 years old, or have parental consent.

2. Interpretation

2.1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

2.2. Contract means the legally-binding agreement between you and us for the supply of the Goods;

2.3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

2.4. 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;

2.5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

2.6. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

2.7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

2.8. Website means our website www.skinbydm.com and www.skinbydm.co.uk on which the Goods and Services are advertised.

3. Goods

3.1. The description of the Goods 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 Goods supplied.

3.2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

3.3. All Goods which appear on the Website are subject to availability.

3.4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

4. Personal information

4.1. We retain and use all information strictly under the Privacy Policy.

4.2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

5. Basis of Sale

5.1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. 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.

5.2. 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.

5.3. A Contract will be formed for the sale of Goods 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 us 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 Goods supplied under the Contract.

5.4. Any quotation is valid for a maximum period of 10 days from its date, unless we expressly withdraw it at an earlier time.

5.5. No variation of the Contract, whether about description of the Goods, 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.

5.6. 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, eg by giving you rights as a business.

6. Price and Payment

6.1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

6.2. Prices and charges include VAT at the rate applicable at the time of the Order.

7. Delivery

7.1. We will deliver the Goods, 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. 7.2. Our standard delivery is within 5 working days and we will email you to confirm when your order has been shipped with the tracking details. Delivery options are listed below subject to stock availability; this will be confirmed with you at time of order. Next Day Delivery Orders placed after 2pm will be dispatched the next working day. 7.2.1. Orders Under £100: Standard delivery: £6.00 Next day delivery: £10 7.2.2. Orders over £100: Standard delivery: Free Next Day Delivery: £5 7.3. 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.

7.4. The majority of orders will arrive in the times specified above, however please allow up to 10 working days for delivery before contacting us, as we are unable to investigate with the couriers until this time has passed

7.5. You agree we may deliver the Goods 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.

7.6. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

7.7. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

7.8. The consumer must ensure the address stated for delivery is correct, Skin By DM Ltd takes no responsibility for failed deliveries where the address provided by the consumer was incorrect, we cannot refund or return the original order until it has been returned back to us

7.9. If the consumer claims they have not received the order but the tracking information shows as delivered, we must be notified in writing within 10 working days from the couriers delivery date, we cannot take responsibility after this time frame due to courier regulations regarding compensation

7.10. Skin By DM Ltd cannot accept any responsibility on all orders for delay’s caused by unforeseen circumstances, such as clearance, busy holiday periods, staff shortages. In these circumstances the original shipping costs cannot be refunded

8. Returns

8.1. Skin By DM Ltd does not accept any returns of products unless it is has been agreed with the consumer for the following reasons:

Damaged products
Incorrect products sent
Faulty products
Product reactions

8.2. Inspect all goods fully on receipt of delivery. Any problems with the products due to damages or incorrect products must be reported to Skin By DM Ltd in writing to skinbydm@gmail.com within 24 hours from accepting the goods, you must include full description of the problem along with photographic evidence of all the packaging and contents

8.3. Skin By DM Ltd cannot accept responsibility for damages or incorrect products sent reported after the 24 hour period.

8.4. If you think you have a faulty product you must inform Skin By DM Ltd within 10 days of delivery. In order to investigate any claims of faulty or damaged products we will require the product and full packaging to be returned back to Skin By DM Ltd, we are unable to accept these claims without the relevant packaging as they must be returned and logged with the manufacturer. Often the product pumps just have an air lock in the bottle and we can explain how to release this. If deemed there is a fault Skin By DM Ltd cannot send out any replacements until the faulty product has been received.

8.5. If a return or exchange is required, Skin By DM Ltd with provide full details of the process during email correspondence.

8.6. Product descriptions relate to individual products. It is the consumers responsibility to patch test the product upon arrival of their order. Results and reactions on the skin will vary massively depending on what other product they are used in conjunction with.

8.7. If you the consumer believe they have had an adverse reaction to a product, they must contact Skin By DM Ltd, within 10 days after delivery of the product, by email with a full description and photographic evidence. It is then down to the discression of Skin By DM Ltd to decide the next best course of action. We cannot refund any product purchase.

8.8. Skin By DM Ltd cannot take any responsibility for any adverse reactions. You may be required to complete a product reaction authorisation form to be sent along with the product back to the manufacturer for testing.

9. Risk and Title

9.1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

9.2. You do not own the Goods 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 Goods still owned by you, in which case you must return them or allow us to collect them.

9.3. 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. 9.4. 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 goods (with no others) in the following circumstances:

goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.

9.5. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

9.6. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any Goods supplied

10. Conformity

10.1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

10.2. Upon delivery, the Goods will:

be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
conform to their description.

10.3. It is not a failure to conform if the failure has its origin in your materials.

10.4. We will provide the following after-sales service: The seller will support the customer in any further questions regarding their skincare routine.

11. Successors and our sub-contractors

11.1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

12. Circumstances beyond the control of either party

12.1. In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

13. Intellectual property and acceptable use

13.1. All Content included on the Website, unless uploaded by Users, is the property of Skin by DM, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

13.2. You may, for your own personal, non-commercial use only, do the following:

retrieve, display and view the Content on a computer screen or mobile device
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Skin by DM.

14. Prohibited use

14.1. You may not use the Website for any of the following purposes:

in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

15. Availability of the Website and disclaimers

15.1. Any online facilities, tools, services or information that Skin By DM Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Skin By DM Ltd is under no obligation to update information on the Website.

15.2. Whilst Skin By DM Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

15.3. Skin By DM Ltd accepts no liability for any disruption or non-availability of the Website.

15.4. Skin By DM Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

16. Privacy

16.1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

16.2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy ().

16.3. 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 GDPR.
'GDPR' means the UK General Data Protection Regulation.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

16.4. We are a Data Controller of the Personal Data we Process in providing Goods to you.

16.5. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods 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.

16.6. For any enquiries or complaints regarding data privacy, you can e-mail: skinbydm@gmail.com

17. Excluding liability

17.1. The Supplier does not exclude liability for:

any fraudulent act or omission; or
for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.

17.2. Subject to this, the Supplier is not liable for:

loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
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 Goods wholly or mainly for its business, trade, craft or profession.

18. Governing law, jurisdiction and complaints

18.1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

18.2. 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.

18.3. We try to avoid any dispute, so we deal with complaints in the following way: If you have a complaint or query about your product, order or service received, you need to contact us to find a solution, we will respond within 5 working days.

19. Attribution

19.1. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).