TERMS & CONDITIONS
PLEASE READ THE COVID-19 UPDATE REGARDING TEMPORARY CHANGES TO DELIVERY TIMESCALES
A. USING OUR SITE
1. Terms and Conditions of Business
1.1 This site is operated by Almas Aesthetics Ltd. Terms such as “we”, “us” and “our” refer to Almas Aesthetics Ltd where they are used in these terms and conditions. “you” means our customer or prospective customer,
1.2. By purchasing from our online ecommerce store, you agree to be bound by the terms and conditions contained in this document.
1.3 You will be responsible for ensuring you have read these terms and conditions before you place an order on our website.
1.4 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Accessing Our Site
2.1 Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
3. Intellectual Property Rights
3.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and all such rights are reserved.
3.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference only.
3.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4. Information About You & Your Visits To Our Site
5. Prohibited Use of Our Site
5.1 You may use our site only for lawful purposes.
5.2 You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards detailed below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
Not to access without authority, interfere with, damage or disrupt:
– any part of our site;
– any equipment or network on which our site is stored;
– any software used in the provision of our site; or
– any equipment or network or software owned or used by any third party.
6. Linking To Our Site
6.1 You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
6.2 You must not establish a link from any website that is not owned by you.
6.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
6.4 If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
7. Links From Our Site
7.1 Where our site contains links to other sites and resources provided by third parties (such as payment services providers), these links are provided for your information only.
7.1 We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.1 You should review any terms and conditions and privacy policies relating to other sites and resources provided by third parties before proceeding to use such sites or resources.
B. SALE OF PRODUCTS
This section (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website at www.almasaesthetics.co.uk (Our Site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You may print a copy of these terms and conditions for future reference.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Your attention is drawn, in particular to your rights of cancellation and our limitations of liability.
1. Service Availability
1.1 Our site is only intended for use by consumers resident in mainland UK. Ireland and Channel Islands. We do not accept orders outside of these territories.
2. Your Status
2.1 By placing an order through our site, you warrant that:
2.1.1 you are a consumer and are not contracting in the course of business;
2.1.2 you are legally capable of entering into binding contracts;
2.1.3 you are at least 18 years old;
2.1.4 you are resident in one of the specified territories;
3. How The Contract Is Formed Between You And Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.
3.2 All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.4 Whilst every effort has been made to ensure that all graphical representations and descriptions of Products correspond to the actual Products, these are provided for illustrative purposes only we are not responsible for variations from these descriptions and representations. This does not exclude our liability for mistakes due to negligence on our part and only refers to variations of Products rather than different Products altogether.
4. Online Shopping
4.1 We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the store.
4.2 Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
4.3 We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock;
ii) Your payment has failed payment gateway authorisation;
iii) We have reasonable grounds to suspect your payment may be fraudulent;
iv) You request for the order to be shipped to an overseas address;
v) There has been a pricing or product description error;
vi) There is a system or procurement failure;
4.4. When you place an order, you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
4.5. Your order will only be deemed as accepted by us once your goods have been dispatched.
4.6 All prices displayed are inclusive of VAT.
5.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
6.1 Prices are displayed on our website.
6.2 Product prices include UK VAT
6.3 Refer to our Delivery Policy for shipping fees.
6.4 We will from time to time change the prices quoted on our website, but this will not affect orders received in respect of which we have already sent you a Dispatch Confirmation.
6.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, that some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch process that, where a Product’s correct price is less than our stated price; we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
6.6 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
6.7 All of our financial transactions are handled through our secure payment service providers, which may include (without limitation) PayPal (Payment Service Providers). Payment for all Products must be made via one of the Payment Service Providers specified on our site.
6.8 Any offers on the store are subject to our discretion and may be withdrawn at any time and without notice.
7.1 You must, during the checkout process, pay the prices of the products you order at the time of submission.
7.2 Payments may be made by any of the permitted methods specified on our website from time to time.
7.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
7.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.4 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.4.
8.1 Our policies and procedures relating to the delivery of products are set out in our Deliveries policy.
8.2 We will only post to mainland UK, Ireland and the Channel Islands;
8.3 On completing the payment for your purchase you may be presented with one or more options for delivery. We do not guarantee but estimate to dispatch your order within 1 – 3 working days. This is an estimated timescale for delivery only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times – see also COVID 19 Update related to deliveries).
8.4 For orders placed on Fridays, Saturdays or Sundays we will consider the first day of our estimated dispatch timescale to commence from the next working day i.e. Monday or if a bank holiday, Tuesday.
8.5 All purchases are dispatched via courier service.
8.6 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. Refer to point 8.2.
8.7 It is your responsibility to re-arrange delivery should the notified expected delivery time given by the courier (either via text message or email) not be suitable.
8.8 In the event the courier service is unable to leave the package at the delivery address stated, you will be responsible for re-delivery costs should this be returned to us.
8.9 If your package is returned to us, with reference to points 8.7 and 8.8 above, and you subsequently cancel your order, any reimbursement will exclude postage costs which we will have incurred.
9. Distance contracts: cancellation right
9.1 This Section applies if and only if you offer to contract with us, as a consumer i.e. an individual acting wholly or mainly outside of trade, business, craft or profession. Refer to our Returns & Refunds Policy for full details of the cancellation process.
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
11. Warranties and Representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products you buy will correspond to any description published on our website; and
(c) the products you buy will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section
11.4 All other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
13.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, war or pandemic.
14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 18:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
16. Site Information
16.1 Materials posted on our site are not intended to amount to advice on which reliance should be placed. Any reference purporting to be advice is provided for information only, you should always consult the manufactures instructions before deciding to use any product referenced on our website. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
17. Site Changes
17.1 We aim to update our site as appropriate and may change the content at any time. We may need to temporarily suspend access to our site to perform these updates.
17..2 We also have the right to close the site indefinitely if the need arises.
17.3 Any of the material displayed on our site may be out of date at any given time, and we are under no obligation to update such material to any given timescale.
18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns & refunds policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products whether written or oral.
22. Terms & Conditions Of Use Disclaimer
22.1 Site information related to products offered for sale have been compiled with all care and presented for informational purposes only, and it is not intended to represent the only, nor necessarily the best, methods for personal beauty care.
22.2 Whilst the Company, always tries to ensure that the information provided is accurate and current, it accepts no responsibility for any errors or omissions. The Company disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including, without limitation, direct, indirect, punitive, special or consequential) and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.
23. Law and jurisdiction
23.1 These terms and conditions shall be governed in accordance with the laws of England and are subject to the exclusive jurisdiction of the courts of England & Wales.
24. Statutory and regulatory disclosures
24.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
24.2 These terms and conditions are available in the English language only.
24.3 Our VAT number is GB289462452
25. Our details
25.1 This website is owned and operated by Almas Aesthetics Ltd.
25.2 We are registered in England and Wales under registration number 11323002, and our registered office is at 7 New Rough Hey, Ingol, Preston, Lancashire, England, PR2 7BA.
25.3 Our principal place of business is at the address in 25.2
25.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form; or
(c) by email, using the email address published on our website.