OUR TERMS OF SUPPLY
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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Gym For Your Skin is a brand owned by MRS RITCHIE Ltd. (”We”). We are a limited company registered in England and Wales under company number 8658601 and have our registered office at Larch Wood, Scarcroft, Leeds, LS14 3BN. Our VAT number is 189001410.
2.2 How to contact us.To contact us, please email firstname.lastname@example.org.
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 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.
3.2 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.
3.3 Our website is solely for the promotion of our products in the UK. We do accept orders from and deliver to addresses outside the UK. Please note that your Country may require you to pay an import charge for the Products you buy. The Company is not liable for these charges. We advise you check this before placing your order. Where you live overseas, there may be an exceptional charge for the cost of delivery. You will be advised by email should this be the case before your order is accepted. Please note – overseas orders are exempt from all ‘Free Delivery’ promotions.
3.4 We do not supply to mainland China. Unfortunately, we do not accept orders from OR deliver to addresses in China since currently animal testing is mandatory for all cosmetics retailed in this region. We do not perform animal testing on any of our product formulations or individual ingredients, either directly or indirectly. All ingredients are carefully monitored; suppliers are required to confirm that the ingredients they are contracted to supply have not been tested on animals.
4. PRODUCTS AND PACKAGING.
Products may vary slightly from their pictures. The images of the products and packaging on our website are for illustrative purposes only. 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.
Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements for example an ingredient source. These changes will not affect your use of the product.
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.
(a) We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order OR we will contact you with an estimated delivery date.
(b) If the products are ongoing services. We will supply the goods to you until the subscription expires (if applicable) or you end the contract as described in Clause 8 or we end the contract by written notice to you as described in Clause 10.
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 Next day Tracked and Signed for Delivery: Monday to Friday only. Next day Saturday Delivery is available at a cost displayed to you on our website.
7.5 Overseas and non-mainland UK delivery. Postage is charged at cost. Delivery times may vary. Please allow 3 to 14 days.
7.6 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, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.7 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 we may charge you for 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 and Clause 10.2 will apply.
7.8 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 10.2 will apply.
7.9 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
7.10 When you own goods. You own a product once we have received payment in full.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 6).
7.12 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. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. 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 30 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.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
7.14 Our finished products are never tested on animals and adhere to all EU legislation and industry standards.
Our products are not available to purchase in mainland China, since currently animal testing is mandatory for all cosmetics retailed in this region.
8. YOUR RIGHTS TO END THE CONTRACT. CANCELLATIONS AND RETURNS
8.1 Exercising your right to change our mind. We want you to be happy with every purchase you make with us. Your first bottle of Warm Up Conditioning Cleanser skincare is covered under our 100% Satisfaction Guarantee.
We'll happily provide a full refund within 30 days for your first bottle of Warm Up skincare. Please submit a request to start the process. (Please note: The 100% Satisfaction Guarantee only applies to your first bottle (1) of Warm Up Cleanser, not any other skincare nor a kit that contains Warm Up Cleanser. Additional items are not covered by the 100% Satisfaction Guarantee. In addition, shipping fees will not be refunded under the 100% Satisfaction Guarantee. For all subsequent bottles, if for any reason you aren’t completely satisfied or you change your mind, you have the right to decide that you do not want to keep the goods within 14 days of them being delivered to you.
Once the warehouse has received the returned products and we have checked that the returned products are in their original condition, you will receive an e-mail that the returned products have been accepted and a refund will be processed within 30 days. Original condition means that there are no scratches or marks on the product and the product has not been opened, used or damaged or otherwise diminished. If you have just changed your mind about the product your refund may be subject to deductions.
You are responsible in case of loss or damage to the merchandise during transport in accordance with our returns instructions. We recommend that you use a tracked and signed for delivery service with insurance.
(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 10.2;
8.2 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 which are closed/sealed for health protection or hygiene purposes, once these have been opened/unsealed after you receive them;
(b) Have you bought services (for example, a subscription)? If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. We will refund any advance payment you have made for products which will not be provided to you.
(c) products that are purchased as part of a set. These can only be returned as a complete set, not as individual items.
(d) products given as a gift can only be returned by the original purchaser.
(e) If you made your purchase through a partnered retailer then any return will need to be made in accordance with the returns/cancellation policy of the relevant retailer and should not be returned directly to us.
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 doing one of the following:
(a) Phone or email. Call customer services on [NUMBER] or email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address, reason for return and proof of purchase.
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 the goods back to us at Gym For Your Skin, Hellaby Industrial Estate, Hellaby Lane, Rotherham, S66 8HN. Please ensure the package is wrapped securely. You are responsible for the products until we have received and checked they are in perfect condition and resaleable. We cannot accept liability for goods lost or damaged in transit and recommend that you use a tracked and signed for delivery service.
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;
(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; or
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 including delivery costs less any deductions (e.g for postage, damage to the product).
9.5 When your refund will be made. We will make any refunds due to you as soon as possible and within 14 days of receiving and checking your returned goods.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at [NUMBER] or write to us at firstname.lastname@example.org.
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. We will pay the costs of postage for faulty products.
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 use our best efforts to ensure that the price of the product advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the product you order.
11.2 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. 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.3 When you must pay and how you must pay. We accept payment with all major cards and our payment gateways are Shopify (powered by stripe) and Paypal. You must pay for the products before we dispatch them.
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. Reactions to Products. The products we manufacture and retail comply with the relevant laws and regulatory and safety requirements. It is foreseeable that everyone could have an adverse reaction to a topical skincare product at any time. It is your responsibility to patch test any product prior to use. We especially do not recommend starting a new skincare regime inside 4 weeks or a special occasion such as a wedding or prom, where your enjoyment of the occasion might be affected by a reaction to a product.
If you have patch tested and feel that you have had a reaction to the product, please notify us in writing immediately at email@example.com. You must make contact with us within 48 hours, and include photographs of the reaction and complete a comprehensive Product Reaction Authorisation Form.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. 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
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 always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.3 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.
14.4 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 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.