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Terms Of Use

TERMS OF USE

OVERVIEW

Welcome to www.skinandearth.com, our website dedicated to the online sales of skincare products. You agree to be bound by these terms and conditions when you visit, access, browse, shop on, or otherwise use this website. If you in any way disagree with any of the following terms, do not use this website.

Use of the website

We have designed this website to serve as an online marketing business platform for the sales of skin care products. We grant users a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access and use the website in compliance with these terms and conditions.

The copyright in all material provided on this website is held by Skin and Earth, and none of the material may be copied, replicated, dispersed, republished, displayed, downloaded, dispatched or transmitted in any form or by any media, including but not restricted to, electronic, mechanical, photocopying, recording, or in any other way, without the prior written permission of Skin and Earth.

We however grant users permission to display, distribute, copy, and download the materials on our website for personal, non-commercial use only, with the provision that such materials are not modified and that users maintain all copyright and proprietary notices contained in such materials. If you breach any of these terms or conditions, this permission automatically terminates.

Users may not, without Skin and Earth's prior written permission, "mirror", “frame”, or “link” any material contained on this website. 

Eligibility

This website is intended for persons who are aged 18 and older and are able to form and enter into legally binding contracts according to English Law. You must also register an account on the website and be the holder of a valid debit/credit card.

User account

While visitors are welcome to browse our website, we will ask you to fill a registration form to be able to gain access to some parts of our website and/or make purchases on the site. This will require that you supply personal information such as your name, country of residence, e-mail address, phone number and payment details/information. You hereby certify that the information you provide to Skin and Earth, both during the registration process and afterwards are truthful, comprehensive and not misleading. We may delete your account if information provided is found to be false, incorrect or deliberately misleading.

Once registered, you will have access to an active personal Skin and Earth user account. After the registration process, you are expected to keep your account information secure. You will in all regards be solely accountable for all activities and orders connected with your account, and you hereby agree to preserve the safety and confidentiality of your account details at all times.

You are mandated to notify Skin and Earth immediately if you believe a third party has accessed your account without authorization.

You may only possess one Skin and Earth Account.

Intellectual Property/Copyright policy

All materials showed and contained in the Website, which may without limitation include all data, information, materials, articles, reports, representation, photos, pictures, delineations, or other information as well as any software programs available on or through the Website, are copyrighted, trademarked and are protected by other intellectual property laws, unless where explicitly indicated to the contrary. All rights, titles and interests relating to the Contents are owned, licensed to or controlled by Skin and Earth.
Users hereby acknowledge that the Website and its Contents is designed and presented by Skin and Earth in a unique format and appearance, and Users are allowed to view the Website and its Contents and print or download one copy of the Website, or specific parts of the Website, for personal use only.

User content/communication

Any communication or material users transmit to the website by e-mail or otherwise, including but not limited to any data, comments, questions, and suggestions will be regarded as and treated as non-proprietary and non-confidential. You hereby grant Skin and Earth the right to use anything you transmit or post for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

While any User Content provided by you remains your property, by providing User Content to Skin and Earth, you grant us a worldwide, continuous, irreversible, transferrable, royalty-free license, with the right to sub-license, duplicate, adjust, make derivative works of, distribute, openly show, publicly perform, and to otherwise use such User Content without further notice to or consent from you, and without the requirement of reimbursing you or any other person or entity.

Terms of Sale

This is our terms of sales, a legal contract between Skin and Earth and a purchasing customer.  The customer accepts this sale agreement by making a purchase, placing an order, or otherwise shopping on the website and agrees to be bound by this agreement.

This agreement’s terms and conditions are subject to change without prior notice, and constitutes the entire agreement between the Customer and Skin and Earth relating to the purchase or sale of goods or services on the Site.

Title of goods/Risk

Under this agreement, Skin and Earth shall retain the title to goods herein being purchased until goods are paid for by the purchaser. Title and risk in the goods thereafter passes to the purchaserafter payment.

Third-Party Product Disclaimer

All products sold by Skin and Earth are third party products and are subject to the warranties and representations of the applicable manufacturers. Accordingly, Skin and Earth makes no representation or warranty in respect to products sold.

Orders

Customers are not to make the assumption that orders are binding upon Skin and Earth, until such orders have been acknowledged and accepted by Skin and Earth. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice, and terms of payment are within Skin and Earth's sole discretion. Salestax and all other taxes associated with the ordershall be borne by the customer. We will make sure to guide you through the process of placing an order by a series of simple instructions on the website, and have the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. Once you have successfully placed an order, an acknowledgement email will be sent to you, providing details and value of your order, which has been debited to your credit/debit card. We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions or if we identify a product or pricing error.If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.

Pricing and Information Disclaimer

All pricing are in Pounds and are subject to change. We reserve the right to make adjustments regarding prices, products and offers to reflect changing market conditions, manufacturer price changes, errors in advertisements, product discontinuation, and other mitigating circumstances.

 Shipping Policy

Unless we state otherwise, prices for products ordered on Skin and Earth do not include shipping costs, and may vary with orders.  As a matter of policy, we ship only to the verified billing address of the Customer's credit card.

Export Sales

Our primary jurisdiction of sales is the UK. We may however sell goods for the purposes of export. If goods herein being purchased are for export, customers agree that manufacturers' warranties for exported goods may vary or even be null and void for goods so exported, and any and all liability is only for the products purchased. It is the customer’s responsibility to obtain from the federal government export documentation before shipping to a foreign country.

Return Policy

Skin and Earth offers a 7 days return policy on selected items based on manufacturer return policies. To qualify for a return, all products returned must be 100 percent complete, contain all original boxes and packing materials, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.

We will replace items or provide a refund under the following circumstances:

Items/merchandise are damaged. If you do not notify Skin and Earth of damaged goods within the first 15 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions

We erroneously sent you the wrong products,

Customers are to bear responsibility for shipping charges on returned items.

 Credit Cards

Credit card charges are processed online after ordering the products and/or services.

 General Legal Disclaimer

Skin and Earth hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by Skin and Earth in no way affects the terms of the manufacturer's warranty, if any.

Resale of products

You may not sell or resell any of our products (or samples of products) that you purchase or otherwise receive from us.

Delivery and acceptance

Our delivery of your purchased goods shall be done in accordance with the delivery option you selected during the order process. All quoted delivery timescales are indicative only, and we will not accept any liability whatsoever for delayed delivery caused by any third party. You must inspect goods bought upon delivery, and will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with our returns policy. We shall otherwise not be obliged to accept any rejection of the goods at a later date.

Links to third party sites

For the sake of convenience, Skin and Earth provides links to websites of other companies/organizations, and third party sites. Users are not to take the presence of such links as an endorsement of the content, procedures, products and/or services, of that third party website, except specifically stated. You access and use of such third party sites is at your own risk, and we recommend that you check third party website’s terms and conditions before using them.

Disclaimers

THIS SITE IS PROVIDED BY SKIN AND EARTH ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY TYPE, DIRECT OR INDIRECT, CONCERNING THE OPERATION OF THE SITE OR THE CONTENT, INFORMATION, MATERIALS, OR MERCHANDISE/PRODUCTS DISPLAYED ON THE WEBSITE.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT RESTRICTED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. WE SHALL BEAR NO LIABILITY FOR ANY LOSS/DAMAGE (BE THEY DIRECT, SECONDARY, RELATED, PENAL, OR CONSEQUENTIAL) ARISING FROM THE USE OF THIS SITE.

WITHOUT LIMITING THE FOREGOING (AND EXCLUDING ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM), SKIN AND EARTH DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.

SKIN AND EARTH (ITS EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES, SALESPERSONS OR SUPPLIERS) SHALL IN NO WAY BE LIABLE FOR ANY LOSS/DAMAGES (DIRECT OR INDIRECT) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SKIN AND EARTH WEB SITE, EVEN IF SKIN AND EARTH OR A SKIN AND EARTH AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of liability

CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, SKIN AND EARTH IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE POUNDS AMOUNT PAID BY CUSTOMER FOR THEIR PURCHASE UNDER THIS AGREEMENT.

SKIN AND EARTH WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. SKIN AND EARTH WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.

WHILE SKIN AND EARTH USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, SKIN AND EARTH MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE WEBSITE'S ACCURACY. SKIN AND EARTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE.

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Arbitration/governing law

By accessing the website, using the information therein available, and/or by purchasing any products made available through this website, you agree that any claim or dispute under this agreement and any claim or dispute that you may have against Skin and Earth, its employees, successors, service providers, agents, parents, subsidiaries,assigns, affiliates, and any content provider, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved exclusively and finally by a UK court with relevant jurisdiction.

This agreement and any sales hereunder shall be governed by the laws of UK, without regard to conflicts of laws rules. The customer hereby consents to the jurisdiction of the courts located in the UK purposes of any suit, action or proceeding arising either out of the sale agreement or general use agreement.

Indemnification

You assent to shield, indemnify and hold Skin and Earth innocent against any and all claims, costs and expenses (including but not restricted to litigation costs), and damages in connection to your use of the website.

Changes

These terms and conditions may be modified, altered, orchanged at any time at our discretion without prior notice. Using the website after a change has been posted signifies your acceptance of the new terms and conditions. We advise users to check this page frequently. The last updated date will be posted on the top right of this page.

 

 

 

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