Our Terms and Conditions of Sale
1.
These terms
1.1
What
these terms cover. These are the terms and conditions on which we supply
products to you.
1.2
Why
you should read them. Please read these terms carefully before you submit
your order to us. These terms tell you who we are, how we will provide products
to you, how you and we may change or end the contract, what to do if there is a
problem and other important information. If you think that there is a mistake
in these terms, please contact us to discuss.
2.
Information about us and how to contact us
2.1
Who
we are. We are Rejuvenated Limited a company registered in England and
Wales. Our company registration number is 04877342 and our registered office is
at 6 Broadfield Court, Broadfield Way, Sheffield, S8 0XF, United Kingdom. Our
registered VAT number is GB936494486.
2.2
How
to contact us. You can contact us at [INSERT LINK TO CONTACT US PAGE].
2.3
How
we may contact you. If we have to contact you we will do so by telephone or
by writing to you at the email address or postal address you provided to us in
your order.
2.4
"Writing"
includes emails. When we use the words "writing" or
"written" in these terms, this includes emails.
3.
Our contract
with you
3.1
Eligibility
to purchase products. We do not sell products to children under the age of
18 although we may sell products suitable for children to adults. If you are
under 18 you may not purchase products from this website although you may use
the non-transaction parts of this website. By ordering products you represent
that you are 18 years of age or older. Accept
3.2
Repeat
Orders. When you order products whereby you have
indicated that the order should be repeated every 30/60/90 days (“Repeat
Orders”), you agree that we may send you the same product(s) in the same
quantities and on the same chargeable basis every 30, 60 or 90 days (depending
on which frequency you have chosen) from the date of your first order, and that
we may debit the credit or debit card or charge the PayPal account you submit
for your first order for the same amount (including applicable sales tax and
postage) on each subsequent dispatch of products. If you sign up to Gocardless your order will be
processed by direct debit. We will send you a confirmatory email with each
dispatch of products. Unless you notify us that you want to cancel these Repeat
Purchase orders you will continue to be sent the same products and your credit
or debit card or PayPal account will be charged the price and relevant sales
tax and postal charges every 30, 60 or 90 days (depending on which frequency
you have chosen). Once you have purchased your first products, the price for
such products will change if:
(a) you change your address and the applicable sales tax or postage
changes accordingly; or
(b) our prices advertised on the website increase in which case, we will
notify you the new price and the first of your products to be affected will be
the first batch of products sent after the price change. Price changes will not
affect your cancellation rights.
You may cancel future Repeat Purchase orders at any time by sending an email
to [email protected].
On receipt of your email, we will make every reasonable effort to cancel
your Repeat Purchase orders before any further products are dispatched to you.
If, however, your cancellation is not processed by us in time to prevent a
further dispatch of products to you, you can cancel such products when you
receive them.
When you select the option to allow us to store your card details we
will do so using the Stripe System. When you select a Repeat Purchase product
your card details will be automatically stored via the Stripe System. The
Stripe System is a safe way for your card details to be kept without us
actually storing them. Stripe store and convert your sensitive payment
information into a secure token or "alias". This token is then used
by us to process future transactions as and when required, without asking for
your card details each time.
It is your responsibility to inform us of any change of address or other
relevant details such as payment card details.
3.3
How
we will accept your order. Our acceptance of your order will take place
when we email you to accept it, at which point a contract will come into
existence between you and us.
3.4
If we
cannot accept your order. If we are unable to accept your order, we will
inform you of this in writing and will not charge you for the product. This
might be because the product is out of stock, because of unexpected limits on
our resources which we could not reasonably plan for, because we have
identified an error in the price or description of the product or because we
are unable to meet a delivery deadline you have specified.
3.5
Your
order number. We will assign an order number to your order and tell you
what it is when we accept your order. It will help us if you can tell us the
order number whenever you contact us about your order.
4.
Our products
4.1
Products
may vary slightly from their pictures. The images of the products on our
website are for illustrative purposes only. Although we have made every effort
to display the colours accurately, we cannot guarantee that a device's display
of the colours accurately reflects the colour of the products. Your product may
vary slightly from those images.
4.2
Product
packaging may vary. The packaging of the product may vary from that shown
in images on our website.
5.
Your rights to
make changes
If you wish to make a change
to the product you have ordered please contact us. We will let you know if the
change is possible. If it is possible we will let you know about any changes to
the price of the product, the timing of supply or anything else which would be
necessary as a result of your requested change and ask you to confirm whether
you wish to go ahead with the change. If we cannot make the change or the
consequences of making the change are unacceptable to you, you may want to end
the contract (see clause 8- Your rights to end the contract).
6.
Our rights to
make changes
6.1
We may change the product
and the product description on our website to reflect changes in relevant laws
and regulatory requirements.
7.
Providing the
products
7.1
Delivery
costs. The costs of delivery will be as displayed to you on our website.
7.2
When we
will provide the products. During the order process we will let you know
when we will provide the products to you. We will deliver them to you as
soon as reasonably possible and in any event within 30 days after the day on
which we accept your order. Any orders which require delivery outside of the EU
will be delivered duty unpaid and you will be responsible for any duties
payable.
7.3
We
are not responsible for delays outside our control. If our supply of the
products is delayed by an event outside our control then we will contact you as
soon as possible to let you know and we will take steps to minimise the effect
of the delay. Provided we do this we will not be liable for delays caused by
the event, but if there is a risk of substantial delay you may contact us to
end the contract and receive a refund for any products you have paid for but
not received.
7.4
Collection
by you. Our products are shipped from a warehouse and are not available for
collection in person.
7.5
If
you are not at home when the product is delivered. If no one is available
at your address to take delivery and the products cannot be posted through your
letterbox, you can contact the delivery company directly or contact the Rejuvenated
office by phone on 0114 2356585 (+44 for international calls) or by email at [email protected]
7.6
If
you do not re-arrange delivery. If you do not collect the products from us
as arranged or if, after a failed delivery to you, you do not re-arrange
delivery or collect them from a delivery depot your goods may be returned and
you may be charged for storage costs and any further delivery costs. If,
despite our reasonable efforts, we are unable to contact you or re-arrange
delivery or collection we may end the contract.
7.7
When
you become responsible for the products. The products will be your
responsibility from the time we deliver the product to the address you gave us
or you collect it from us.
7.8
When
you own products. You own the products once we have received payment in full.
7.9
Reasons
we may suspend the supply of products to you. We may have to suspend the
supply of a product to:
(a)
update the product to reflect changes in
relevant laws and regulatory requirements;
(b)
make changes to the product as notified by us to
you (see clause 6).
7.10
Your
rights if we suspend the supply of products. We will contact you in advance
to tell you we will be suspending supply of the product, unless the problem is
urgent or an emergency. You may contact us to end the contract for a product if
we suspend it, or tell you we are going to suspend it, in each case for a
period of more than 60 days and we will refund any sums you have paid in
advance for the product in respect of the period after you end the contract.
8.
Your rights to
end the contract
8.1
You
can always end your contract with us.
Your rights when you end the contract will depend on what you have
bought, whether there is anything wrong with it, how we are performing and when
you decide to end the contract:
(a)
If
what you have bought is faulty or misdescribed you may have a legal right to
end the contract (or to get the product replaced or to get some or all of
your money back), see clause 10;
(b)
If
you want to end the contract because of something we have done or have told you
we are going to do, see clause 8.2;
(c)
If
you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off
period, but this may be subject to deductions and you will have to pay the
costs of return of any products;
(d) In all other cases (if we are
not at fault and there is no right to change your mind), see clause
8.6.
8.2
Ending
the contract because of something we have done or are going to do. If you
are ending a contract for a reason set out at (a) to (d) below the contract
will end immediately and we will refund you in full for any products which have
not been provided and you may also be entitled to compensation. The reasons
are:
(a)
we have told you about an upcoming change to the
product or these terms which you do not agree to;
(b)
we have told you about an error in the price or
description of the product you have ordered and you do not wish to proceed;
(c)
there is a risk that supply of the products may
be significantly delayed because of events outside our control;
(d)
you have a legal right to end the contract
because of something we have done wrong.
8.3
Exercising
your right to change your mind (Consumer Contracts Regulations 2013). For
most products bought online you have a legal right to change your mind within
14 days and receive a refund. These
rights, under the Consumer Contracts Regulations 2013, are explained in more
detail in these terms.
8.4
When
you don't have the right to change your mind. You do not have a right to change your mind
in respect of:
(a)
products sealed for health protection or hygiene
purposes, once these have been unsealed after you receive them;
(b)
any products which become mixed inseparably with
other items after their delivery.
8.5
How
long do I have to change my mind? You have 14 days
after the day you (or someone you nominate) receives the products, unless:
(i)
Your products
are split into several deliveries over different days. In this case you
have until 14 days after the day you (or someone you nominate) receives the
last delivery to change your mind about the products.
(ii)
Your products
are for regular delivery over a set period.
In this case you have until 14 days after the day you (or someone you
nominate) receives the first delivery of the products.
8.6
Ending
the contract where we are not at fault and there is no right to change your
mind. Even if we are not at fault and you do not have a right to change
your mind (see clause 8.1), you can still end the contract before it is completed, but you may
have to pay us compensation. A contract for products is completed when the
product is delivered and paid for. If you want to end a contract before it is
completed where we are not at fault and you have not changed your mind, just
contact us to let us know. The contract will end immediately and we will refund
any sums paid by you for products not provided but we may deduct from that
refund (or, if you have not made an advance payment, charge you) reasonable
compensation for the net costs we will incur as a result of your ending the
contract.
9.
How to end the
contract with us (including if you have changed your mind)
9.1
Tell
us you want to end the contract. To end the contract with us, please let us
know by email at [email protected].
9.2
Returning
products after ending the contract. If you end the contract for any reason
after products have been dispatched to you or you have received them, you must
return them to us. You must post them back to us at Rejuvenated Limited, Fern
Glen B, Hathersage Road, Sheffield, S17 3AB, United Kingdom. If you are
exercising your right to change your mind you must post the products within 14
days of telling us you wish to end the contract.
9.3
When
we will pay the costs of return. We will pay the costs of return:
(a)
if the products are faulty or misdescribed;
or
(b)
if you are ending the contract because we have
told you of an upcoming change to the product or these terms, an error in
pricing or description, a delay in delivery due to events outside our control
or because you have a legal right to do so as a result of something we have
done wrong.
In all other circumstances (including where you are exercising your
right to change your mind) you must pay the costs of return.
9.4
How
we will refund you. We will refund
you the price you paid for the products and the delivery cost (if applicable) by
the method you used for payment. However, we may make deductions from the
price, as described below.
9.5
Deductions
from refunds if you are exercising your right to change your mind. If you
are exercising your right to change your mind we may reduce your refund of
the price (excluding delivery costs) to reflect any reduction in the value of
the products, if this has been caused by your handling them in a way which
would not be permitted in a shop. If we refund you the price paid before we are
able to inspect the products and later discover you have handled them in an
unacceptable way, you must pay us an appropriate amount
9.6
When
your refund will be made. We will make any refunds due to you as soon as
possible. If you are exercising your
right to change your mind then:
(a)
your refund will be made within 14 days from the
day on which we receive the product back from you or, if earlier, the day on
which you provide us with evidence that you have sent the product back to us.
For information about how to return a product to us, see clause 9.2.
(b)
In all other cases, your refund will be made
within 14 days of your telling us you have changed your mind.
10.
If there is a problem with the product
10.1
How
to tell us about problems. We are under a legal duty to supply products
that are in conformity with this contract. Nothing in these terms will affect
your legal rights. If you have any
questions or complaints about the product, please contact us by email at
[email protected].
10.2
Your
obligation to return rejected products. If you wish to exercise your legal
rights to reject products you must post them back to us.
11.
Price and
payment
11.1
Where
to find the price for the product. The price of the product (which includes
VAT) will be the price indicated on the order pages when you placed your order.
We take all reasonable care to ensure that the price of the product advised to
you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product
you order.
11.2
We
will pass on changes in the rate of VAT. If the rate of VAT changes between
your order date and the date we supply the product, we will adjust the rate of
VAT that you pay, unless you have already paid for the product in full before
the change in the rate of VAT takes effect.
11.3
What
happens if we got the price wrong. It is always possible that, despite our
best efforts, some of the products we sell may be incorrectly priced. We will
normally check prices before accepting your order so that, where the product's
correct price at your order date is less than our stated price at your order date,
we will charge the lower amount. If the product's correct price at your order
date is higher than the price stated to you, we will contact you for your
instructions before we accept your order.
11.4
When
you must pay and how you must pay. We accept payment with Visa, Visa
Electron, Mastercard, American Express, Delta or Switch credit or debit card or
by Paypal. You must pay for the products before we dispatch them. We will
not charge your credit or debit card until we dispatch the products to you. You
warrant that the payment card or Paypal details you submit are yours. All
credit/debit card holders and Paypal users are subject to validation checks and
authorisation by the card issuer or payment provider. We are not responsible in
the event that your payment card provider refuses to authorise payments.
12.
Our responsibility for loss or
damage suffered by you
12.1
We
are responsible to you for foreseeable loss and damage caused by us. If we
fail to comply with these terms, we are responsible for loss or damage you
suffer that is a foreseeable result of our breaking this contract or our
failing to use reasonable care and skill, but we are not responsible for any
loss or damage that is not foreseeable. Loss or damage is foreseeable if either
it is obvious that it will happen or if, at the time the contract was made,
both we and you knew it might happen, for example, if you discussed it with us
during the sales process.
12.2
We do
not exclude or limit in any way our liability to you where it would be unlawful
to do so. This includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or subcontractors;
for fraud or fraudulent misrepresentation; for breach of your legal rights in
relation to the products including the right to receive products which are: as
described and match information we provided to you and any sample or model seen
or examined by you; of satisfactory quality; fit for any particular purpose
made known to us; supplied with reasonable skill and care and, where installed
by us, correctly installed; and for defective products under the Consumer
Protection Act 1987.
12.3
We
are not liable for business losses. We only supply the products for
domestic and private use through our website. If you use the products for any
commercial, business or re-sale purpose we will have no liability to you for
any loss of profit, loss of business, business interruption, or loss of business
opportunity.
13.
How we may use your personal information
13.1
How we
may use your personal information.
We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
14.
Other
important terms
14.1
We
may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will contact you to
let you know if we plan to do this.
14.2
You
need our consent to transfer your rights to someone else (except that you can
always transfer our guarantee). You may only transfer your rights or your
obligations under these terms to another person if we agree to this in writing.
14.3
Nobody
else has any rights under this contract (except someone you pass your guarantee
on to). This contract is between you and us. No other person shall have any
rights to enforce any of its terms.
14.4
If a
court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or
relevant authority decides that any of them are unlawful, the remaining
paragraphs will remain in full force and effect.
14.5
Even
if we delay in enforcing this contract, we can still enforce it later. If
we do not insist immediately that you do anything you are required to do under
these terms, or if we delay in taking steps against you in respect of your
breaking this contract, that will not mean that you do not have to do those
things and it will not prevent us taking steps against you at a later date.
14.6
Which
laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in
respect of the products in the English courts. If you live in Scotland you can
bring legal proceedings in respect of the products in either the Scottish or
the English courts. If you live in Northern Ireland you can bring legal
proceedings in respect of the products in either the Northern Irish or the
English courts.