Terms & Conditions

BACKGROUND

This agreement applies as between you, the User of this Web Site and beautifullygorgeous.com, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Goods”

means any products that BeautifullyGorgeous.com advertises and  / or makes available for sale through this Web Site;

“beautifullygorgeous.com"

means beautifullygorgeous.com trading as Beautifully Gorgeous. 418 Ashley Road, Parkstone, Poole, Dorset. BH14 0AA;

“Service”

means collectively any online facilities, tools, services or information that beautifullygorgeous.com makes available through the Web Site either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at 534 Wimborne Road, Winton, Bournemouth, Dorset. BH9 2EX;

“System”

means any online communications infrastructure that beautifullygorgeous.com makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by beautifullygorgeous.com and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (www.beautifullygorgeous.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 

 

2.            Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3.            Business Customers

Beautifullygorgeous.com do not supply products for business use. All products supplied are for personnel use only. Any accounts opened for the purpose of purchasing products for business use will be terminated.

4.            International Customers

If Goods are being ordered from outside beautifullygorgeous.com country of residence, import duties and taxes may be incurred once your Goods reach their destination.  beautifullygorgeous.com is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and insalonskincare.com cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5.            Intellectual Property

5.1          Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of beautifullygorgeous.com, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by beautifullygorgeous.com.

6.            Third Party Intellectual Property

6.1          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

7.            Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8.            Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of beautifullygorgeous.com or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

9.            Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.beautifullygorgeous.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of beautifullygorgeous.co.uk.  To find out more please contact us by email at www.beautifullygorgeous.com

10.         Use of Communications Facilities

10.1       When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

10.1.1   You must not use obscene or vulgar language;

10.1.2   You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3   You must not submit Content that is intended to promote or incite violence;

10.1.4   It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

10.1.5   The means by which you identify yourself must not violate these terms of use or any applicable laws;

10.1.6   You must not impersonate other people, particularly employees and representatives of beautifullygorgeous.com or our affiliates; and

10.1.7   You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2       You acknowledge that beautifullygorgeous.com reserves the right to monitor any and all communications made to us or using our System.

11.         Accounts

11.1       In order to purchase Goods on this Web Site and to use the beautifullygorgeous.com forums and blogs facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:

11.1.1   all information you submit is accurate and truthful;

11.1.2   you have permission to submit Payment Information where permission may be required; and

11.1.3   you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

11.2       It is recommended that you do not share your Account details, particularly your username and password.  beautifullygorgeous.com accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3       If you have reason to believe that your Account details have been obtained by another without consent, you should contact beautifullygorgeous.com immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, beautifullygorgeous.com accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4       When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

11.5 An account may not be opened for business use. All accounts are for consumer use only. Any accounts opened for the purpose of purchasing products for business use, including but not limited to the retailing of products for third party businesses clients, for the use products for facials or the prescription of products subject to consultation. Any account that has been opened for the purpose of providing products or services using the supplied products to paying clients in a professional capacity  can and will be terminated without warning.

12.         Termination and Cancellation

12.1       Either beautifullygorgeous.com or you may terminate your Account.  If beautifullygorgeous.com terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Not withstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2       If beautifullygorgeous.com terminates your Account, any current or pending purchases on your Account WILL be cancelled and WILL NOT be dispatched.

12.3       beautifullygorgeous.com reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4       If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

12.5       If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

12.6  Accounts set up for business use will be terminated as per 12.1 

13.         Goods, Pricing and Availability

13.1       Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from beautifullygorgeous.com correspond to the actual Goods, beautifullygorgeous.com is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

13.2       Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

13.3       beautifullygorgeous.com does not represent or warrant that such Goods will be available.  Stock indications ARE provided on the Web Site HOWEVER THESE MAY NOT TAKE INTO ACCOUNT SALES THAT HAVE TAKEN PLACE DURING YOUR VISIT TO THE WEB SITE

13.4       All pricing information on the Web Site is correct at the time of going online.  beautifullygorgeous.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

13.5       In the event that prices are changed during the period between an order being placed for Goods and beautifullygorgeous.com processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.6       All prices on the Web Site DO include VAT. 

14.         Delivery

14.1       beautifullygorgeous.com will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. beautifullygorgeous.com will use all reasonable endeavours to despatch your order within 24 to 48 hours of receipt. This excludes weekends or bank and public holidays. The 24 to 48 hour despatch applies to working days only. Orders placed on a Friday, Saturday, Sunday or Public holiday will be despatched within 24 - 48 hours from the next available working day.

14.2       If beautifullygorgeous.com receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15.         Returns Policy

beautifullygorgeous.com aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.

15.1       If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 7 days to arrange collection and return. beautifullygorgeous.com IS NOT responsible for paying shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2       If any Goods you have purchased have faults when they are delivered to you, you should contact beautifullygorgeous.com within 7 days to arrange collection and return.  beautifullygorgeous.com IS NOT responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.3       If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

15.4       If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to beautifullygorgeous.com within 7 days and arrange collection and return.  beautifullygorgeous.com IS NOT responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. 

 
Product/s that were purchased and delivered with a promotional Free Gift, must be returned with that Free Gift to receive a full refund for the original item purchased. 

 

15.5       You have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 7 days after the Goods have been delivered.  If you change your mind about the goods within this period, please return them to beautifullygorgeous.com within 7 days of receipt.  Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of beautifullygorgeous.com.  You are responsible for paying shipment costs if Goods are returned for this reason. 

Product/s that were purchased and delivered with a promotional Free Gift, must be returned with that Free Gift to receive a full refund for the original item purchased. 

16 Liability 

16.1 Beautifully Gorgeous do not accept liability for the use of the supplied products. Beautifullygorgeous.com do not accept liability for any products that are purchased from the website and are used in a professional capacity. Beautyfullygorgeous.com supply products for personnel use only. All products should be purchased directly from Dermalogica UK for the purpose of professional use.

16.2 All products are sold on the basis that they are for personal, domestic use only.

16.3 We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods.

16.5 Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.

16.6 A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

16.7 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.

16.8 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.

16.9 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.

16.10 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.

16.11 There are links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites.

16.12 These terms and conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship.