TERMS & CONDITIONS

DEFINITIONS

“Seller/we/our/us/Dermavival” company’s website   http://Dermavival.com

 

 

 

“Customer” means the person or company to whom this document is addressed.

“International Customer” shall mean, “Customer” from outside the United Kingdom.

“Website” shall mean, or any other subdomains of  http://Dermavival.com  which may be accessible unless expressly excluded by their own terms and conditions.

“App” shall mean Dermavival Limited mobile application from which products can be purchased, as such subsists from time to time.

“Online Shop” shall mean the method by which the Customer browses and purchases the products from Dermavival Limited, being the Website and/or the App.

“Order” shall mean the submission of an order for products on the “Online Shop” by the “Customer”.

 

GENERAL

1. These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as Dermavival Limited, to the buyer hereafter referred as the Customer.
2. The Online Shop is for use by individuals aged 15 and over. You should not use the Online Shop if you are under this age.

 

PRICE

1. 2.1 The prices of the goods will be as quoted on the Online Shop from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 2.4 for what happens in this event.
2. 2.2 Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed.
3. 2.3 For UK shipments all prices are quoted in GB Pound Sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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.
4. 2.4 The Online Shop contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Online Store may be incorrectly priced. If we discover an error in the price of the products you have ordered we will 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 using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

PAYMENT

1. 3.1 Payments may be made by one of the following payment methods specified or of the alternative methods that may be applicableat checkout (except International Customers see clause 16) unless otherwise specified:
   Major credit cards as listed: Visa, MasterCard, American Express, Maestro, and Visa Electron, and through PayPal and through Stripe
2. 3.2 You may select to view the price of the products on our Online Shop in American Dollars and any currency supported by us and the relevant exchange rate at the date you make payment shall be applied on checkout so payment is received by us in GB Pounds Sterling.
3. 3.3 Any discount or other promotional codes issued by Dermavival Limited from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Certain brands or products may be excluded and you will not be able to use any discount codes in respect of such brands/products. See the Promotion Exclusions page on the Online Shop for further information. If any of the terms and conditions with which the discount codes were issued contradicts these terms and conditions, the terms and conditions in respect of the discount code will prevail.
4. 3.4 We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order).
   Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential and the Customer shall not share this with any other person.

PASSING OF PROPERTY

1. 4.1 Dermavival Limited shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by Dermavival Limited.

ORDERS

1. 5.1 All Orders are subject to acceptance and availability. Upon placing an Order with Dermavival Limited, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by Dermavival Limited.
   Order acceptance and the creation of the contract between Dermavival Limited and the Customer will start at the time the products ordered by the Customer are despatched from Dermavival Limited to be delivered to the address supplied by the Customer.
2. 5.2 Dermavival Limited will take all reasonable care in accordance with applicable laws, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part (and, subject to applicable laws, including laws relating to data protection and privacy) Dermavival Limited cannot be held liable for any loss suffered by Dermavival Limited if a third party procures unauthorised access to any data you provide when accessing or ordering from the Online Shop.
   Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Online Shop; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
3. 5.3 Products purchased from Dermavival Limited are not for re-sale or distribution. Dermavival Limited can at its sole discretion restrict ordering to a maximum of 5 pieces of any individual products and reserve the right to cancel any Orders which are suspected are being purchased for re-sale or distribution.

DELIVERY

1. 6.1 Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 3 working days. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 30 days after the date we accept your order.
   If there are delays in the delivery caused by the supplier, the carrier or any other third party then Dermavival Limited will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay. If there is a substantial delay you may end the contract using the procedure at clause 10 below and will be entitled to receive a refund for any products you have paid for but not received.
2. 6.2 We deliver to the countries listed on the Online Shop, subject to our absolute discretion, (“International Delivery Destinations”). However there are restrictions on some goods for certain International Delivery Destinations, so please review the information on the Online Store carefully before ordering goods.
3. 6.3 If you order goods from the Online Store for delivery to one of the International Delivery Destinations outside of Europe, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
4. 6.4 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
5. 6.5 If you order goods from the Online Store for delivery to one of the International Delivery Destinations inside of the EU and the order is over 150 Euros, you will be the importer on record of the goods into the final destination country and legally responsible for the import duties and taxes. We will collect these taxes as part of the check-out process and will liaise with the courier for these to be paid over to the relevant Customs authorities on your behalf. Although we do endeavour to identify the exact costs of these, you will be responsible for payment of any additional costs or surcharges that arise separately when the delivery reaches its final destination.
6. 6.6 If the order is under 150 Euros, Dermavival Limited will be the importer and responsible for any customs formalities. The order will be subject to VAT at the rate determined by the destination country. Dermavival Limited will account for the VAT on its EU VAT return.
7. 6.7 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8. 6.8 If Dermavival Limited deliver your products late then you may treat the order as at an end in any of the following circumstances: if Dermavival Limited have refused to deliver the goods, if delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or if you told Dermavival Limited before the order was accepted that delivery within the delivery deadline was essential. If you do not want to end the order, you can set another delivery deadline (which must be reasonable) and end the order if Dermavival Limited don’t meet the new order deadline. Otherwise, you can cancel the order and we will refund any amounts paid for the products and delivery.
   Where products have been delivered, you must return these to Dermavival Limited at the address above and we will refund the costs of such return.
   After three failed delivery attempts, we may end our contract with you. We may also end our contract where you have refused acceptance or have otherwise failed to collect or receive your goods. Please see Clause 10.10 for the fee that may apply against your refund, in such circumstances.

SHIPPING

1. 7.1 All Orders will be delivered using the service as detailed at the time of ordering. Further details regarding delivery methods and services can be found at http://Dermavival.com
2. Dermavival Limited has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your order. The Customer must request any other delivery method at the time of order.

PASSING OF RISK

1. 8.1 Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Dermavival Limited accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified following our reasonable efforts to contact you to deal with this.
2. 8.2 In the event of an order being lost by a third party which has either been authorised by you to accept the products or a courier commissioned by you to deliver the products, Dermavival Limited holds no risk once it has been delivered to them. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by phone, email or otherwise in writing. You will then be required to return the goods together with their original packaging to the Dermavival Limited trading address, also see clauses 9 and 10, below.
3. 8.3 Where the goods are signed for, the customer bears the risk once the goods are signed for (provided they are signed for by the customer or a person identified as authorised by you). If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods (for the avoidance of doubt, signature for the parcel does not affect your rights of return under clause 10).

 

 

TITLE AND DEFECTS

1. 9.1 The Products shall be owned by you once we have received payment in full for the Products. The Customer shall inspect the goods within a reasonable time after their receipt. The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing or by email if the goods are faulty or misdescribed and shall be entitled to a full refund, to get the product repaired or replaced or to get some of their money back (please see clause 10 below).
2. 10.5 In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction (where we are not at fault), the Customer is entitled to a partial refund (full refund of the goods less any postage costs), unless the order is cancelled within the cooling off period in accordance with clause 11, in which case a full refund will be given. However, the Customer will be responsible for the cost of returning the item to Dermavival Limited. Goods must be returned to Dermavival Limited before the partial refund can be issued.
3. 10.6 If any problems with your products cannot be satisfactorily resolved through our returns procedure, you may want to submit your issue for online resolution to https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
4. 10.7 In cases where you wish to cancel due to something we have done or are going to do, you should notify us in accordance with our returns procedure and we will refund you in full for any products not provided (including delivery costs). You may also be entitled to compensation. This includes the following:
   1. 10.7.1 Dermavival Limited have told you about an upcoming change to the product or these terms which you don’t agree to;
   2. 10.7.2 Dermavival Limited have told you about an error in the price or description or the product and you don’t want to proceed;
   3. 10.7.3 Delivery of the products has been substantially delayed by an event outside of our control; and
   4. 10.7.4 The Customer has a legal right to end the order because of something Dermavival Limited have done.
5. 10.8 Where the Customer wishes to return a Product it must either return them in person, post them back to Dermavival Limited or (only if they are not suitable for posting) allow us to collect them from you. Where you are returning products pursuant to clauses 6.6, 10.3, 10.4 or 10.7 then we will pay the costs of postage or collection.
6. Please note that there are circumstances in which we are not obliged to provide a refund. For example, where the seal is broken on cosmetic goods. This is for hygiene reasons.
7. We may deduct from the refund value of your order, a fee if we have been:
   1. a. unable to deliver your parcel. For example, we have been unable to deliver your parcel within a reasonable period of time (being 3 failed delivery attempts) or there have been issues delivering to your address.
   2. b. you have refused acceptance or have otherwise failed to collect or receive your goods. This includes where you fail to pay the import, customs, taxes or surcharges that are due in order to collect or receive your goods.
8. In these circumstances we will need to end our contract. We may deduct from any refund validly owing to you reasonable compensation for the costs that we incur in dealing with the order, delivery and undeliverable goods (as appropriate). The current fee we may decide to deduct is £2.00. The fees may change from time to time but will always be a proportionate reflection of the costs incurred by us. This does not affect your statutory rights including those relating to cancellation or those relating to faulty or incorrectly supplied goods.
   CANCELLATIONS
   1. Cancellations which are not due to a defect or discrepancy are only accepted if the Customer complies with the following cancellation procedure and then follows the Returns Procedure outlined in Clause 10.
   2. Within 14 days after receipt of the goods, the Customer must contact Dermavival Limited in writing via the contact details above and, following which, they must be returned to us within 14 days of you telling us you want to change your mind. The goods must be ‘as new’ and unused, in original undamaged packaging, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to Dermavival Limited. Dermavival Limited will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase and will be entitled to deduct an amount reflecting any such reduction in value due to your use. Any refund will be made within 14 days of receipt of the Customer’s returned products.
9. OUR LIABILITY
   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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
   2. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   3. 12.3 We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. defective products under the Consumer Rights Act 2015.
   4. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
   5. 10 PRIVACY POLICY
      1. We will only use your personal data as set out in our privacy policy http://Dermavival.com
      2. INTELLECTUAL PROPERTY
      3. The Customer shall respect all licence agreements delivered by the copyright owners. Dermavival Limited cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
      4. All trademarks shown on http://dermavival.com
         1. 1. belong to their registered owners and must not be copied without prior permission
            2. You must not use any part of the materials on the Online Shop for commercial purposes without obtaining a licence to do so from us or our licensors.
      5. INTERNATIONAL CUSTOMERS
         1. Customers from outside the UK can only pay by one of the applicable payment methods available at checkout by International credit card and must pay in GB Pound Sterling unless otherwise specified, although the Online Shop may show the value of the Product in your Pound Sterling or American Dollars currency, the exchange rate at the date of purchase may apply such that payment is received by Dermavival Limited in GB Pound Sterling. All other terms and conditions apply.
      6. CHANGES TO TERMS & CONDITIONS
         WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BUT WILL NOTIFY YOU IN ADVANCE OF SUCH CHANGES.
         LAW AND JURISDICTION
         THESE TERMS AND CONDITIONS ARE GOVERNED AND SHALL BE INTERPRETED IN ACCORDANCE WITH ENGLISH LAW AND SHALL BE SUBJECT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES. ANY PERSON ATTEMPTING TO MAKE FRAUDULENT CREDIT CARD TRANSACTIONS WILL BE PROSECUTED WITH NO EXCEPTION.
         TERMS OF SERVICE
         THIS WEBSITE IS OPERATED BY DERMAVIVAL LIMITED. THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO  DERMAVIVAL LIMITED. DERMAVIVAL LIMITED OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.