Withdrawal and cancellation Policy
1. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason,
and without incurring any liability.
2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights,
however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods that are liable to deteriorate or expire rapidly.
Right to cancel
3. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
4. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you,
acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will
expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions),
the right to cancel will be 14 days after the first delivery.
5. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your
decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory.
In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model
cancellation form.
6. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customers decision to cancel the Contract on our website www.dermaluxeaesthetics.co.uk . If you use this option, we will communicate to you an acknowledgement of receipt of such a
cancellation in a Durable Medium (eg by email) without delay.
7. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
8. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an
express request for the service.
Effects of cancellation in the cancellation period
9. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery
(except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Payment for Services commenced during the cancellation period
10. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so,
you must pay an amount for the supply of the service for the period for which it is supplied,
ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been
supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or,
if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Deduction for Goods supplied
11. We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling
by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of
handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made,
you must pay us the amount of that loss.
Timing of reimbursement
12. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
13. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only),
we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel
this Contract.
14. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise;
in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
15. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at
5 Stoneycroft Road, Sheffield, South Yorkshire, S13 9DQ without delay and in any event not later than 14 days from the day on which you
communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired.
You agree that you will have to bear the cost of returning the Goods.
16. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision
scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance
communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer
pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity
17. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
18. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us
(unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in
the Contract; and
c. conform to their description.
19. It is not a failure to conform if the failure has its origin in your materials.
20. We will supply the Services with reasonable skill and care.
21. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services,
is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any
decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was
said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
22. The Contract continues as long as it takes us to perform the Services.
23. Either you or we may terminate the Contract or suspend the Services at any time by a written
notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
24. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
25. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract.
The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
26. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customers above rights relating to delivery (and the right to cancel below).
Privacy
27. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
28. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy https://www.dermaluxeaesthetics.co.uk/privacy-policy and cookies policy https://www.dermaluxeaesthetics.co.uk/terms-and-conditions
29. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data,
including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
3o. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
31. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is
secure.
32. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: hello@dermaluxeaesthetics.co.uk
Excluding liability
33. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Suppliers other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time
when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
34. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
35. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
36. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution.
We will aim to respond with an appropriate solution within 5 days.
Model cancellation Form
To
DermaLuxe Aesthetics
5 Stoneycroft Road
Sheffield
South Yorkshire
S13 9DQ
Email address: hello@dermaluxeaesthetics.co.uk
Telephone number: 07756402874
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]
[for the supply of the following service [*], Ordered on [*]/received on
[*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date