WEBSITE TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms and conditions (Terms & Conditions) on which we supply any of the products (Products) listed on our website www.eyeslipsface.co.uk (the Site) to you. Please read these Terms & Conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions. You can print a copy of these Terms & Conditions by selecting the print option from the “File” menu of your browser. You should also read our Privacy Policy.The www.eyeslipsface.co.uk website is operated by: Distribeauty U.K. Ltd., a company registered in England and Wales, whose registered office is at Unit 26, Pontarddulais Workshops, Tyn Y Bonau Road, Pontarddulais, Swansea, United Kingdom, SA4 8SG.Our company registration number is 6033294.Our VAT registration number is 917536214Our contact details are as follows:Trading address: Unit 26, Pontarddulais Workshops,Tyn Y Bonau Road, Pontarddulais, Swansea, United Kingdom, SA4 8SG.General email: info@eyeslipsface.co.uk Telephone number: 0845 678 8818.

1. INTRODUCTION

1.1 You will be able to access all areas of this Site without registering your details with us.

1.2 We may revise these Terms & Conditions at any time by updating this posting. You should check this Site from time to time to review the then current Terms & Conditions, because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Site. If you do not wish to accept any new Terms & Conditions after we have given notice, you should not continue to use this Site.

2. ORDERING FROM US

2.1 You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Proceed” button on the Protx payment page.

2.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving an order number and a summary of 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. 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 (the Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.

2.3 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.

2.4 We may be unable to process your order if: (a)the Product you ordered is out of stock or discontinued; or (b)there is a problem with authorisation of the payment on your credit card.

3. PRICING

3.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.

3.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options as set out in Delivery Information.

3.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

3.4 We cannot complete your order until you have paid for it in full. Payment can be made by most major credit/debit cards, by completing the relevant details on the Protx payment page. We do not accept cheques or postal orders.

3.5 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

3.6 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Products’ correct price is different from 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 of such rejection.

4. CANCELLATION AND RETURNS POLICY

4.1 You may cancel your order (or any part of it) at any stage before the Products are delivered to you, and up to 14 days afterwards. You may do so by simply returning the Products in accordance with the provisions below (see section 6.3) or by contacting our Customer Service team by email at sales@eyeslipsface.co.uk or by telephone on 0845 678 8818.

4.2 Where you decide to cancel an order after we have despatched the Products, you will be under a duty to return them to us, at your own risk. All such Products should be returned within 14 days after the Products have been delivered to you. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging, by one of the means set out in our Returns Procedure.

4.3 After you cancel your order and return the Products, any sum debited by us to your credit/debit card will be refunded in full. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of you cancelling your order.

4.4 If any Product you purchase is damaged, faulty or incorrect, when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should return the Product to us in accordance with the Returns Procedure. If you have any questions regarding returns, please Contact Us.

4.5 Our policy on cancellations, returns and refunds does not affect your statutory legal rights.

5. LICENCE

5.1 You are permitted to print and download extracts from this Site for your own use on the following basis: (a) no documents or related graphics on this Site are modified in any way; (b) no graphics on this Site are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Site other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these Terms & Conditions, your permission to use this Site automatically terminates and you must immediately destroy any downloaded or printed extracts from this Site.

5.3 Subject to clause 5.1, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 While we endeavour to ensure that this Site is normally available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period.

6.2 Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. VISITOR MATERIAL AND CONDUCT

7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Site will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting or transmitting to or from this Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.

7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 We may from time to time provide links that will enable you to access the websites of third parties directly from the Site. If you use these links, you leave this Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

8.2 If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions: (a) you do not remove, distort or otherwise alter the size or appearance of the our logo; (b) you do not create a frame or any other browser or border environment around this Website; (c) you do not in any way imply that we are endorsing any products or services other than our own; (d) you do not misrepresent your relationship with us nor present any other false information about us; (e) you do not otherwise use any of the trade marks displayed on this Site without our express written permission; (f) you do not link from a website that is not owned by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.

8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. DISCLAIMER

9.1 While we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site, or to the Products and prices described in it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.

9.2 We have made every effort to display as accurately as possible the colour of the Products that appear on this Site. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery.

9.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

9.4 The material on this Site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms & Conditions might have effect in relation to this Site.

10. LIABILITY

10.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.

10.2 Nothing in these Terms & Conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

10.3 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms & Conditions by you, or your use of this Site, or the use by any other person using your registration details.

11. GOVERNING LAW AND JURISDICTION

11.1 These Terms & Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

11.2 We do not warrant that materials/items for sale on the Site are appropriate or available for use outside the United Kingdom. It is prohibited to access the Site from territories where its contents are illegal or unlawful. If you access this Site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

12. MISCELLANEOUS

12.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms & Conditions

12.2 If any provision of these Terms & Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

12.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.