Terms and Conditions for Online Sales to Consumers
1. Information about us and our terms of sale
1.1 We are Ferndale Pharmaceuticals Ltd, a company registered in England and Wales under company number 04720051 and having our registered office at Unit 740, Street 2, Thorpe Arch Estate, Wetherby, England LS23 7FX (“we” / “our” / “us”). Our VAT number is 827 5045 27.
1.3 These Terms will apply to any contract between us for the sale of Products to you (the “Contract”). Please read these Terms carefully and make sure that you understand them before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
1.4 You should print a copy of these Terms or save them to your computer for future reference.
1.5 We reserve our right to amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.6 You must be over the age of 18 years to place an order with us and we reserve the right not to accept an order where we reasonably believe that you do not meet this requirement.
1.7 These Terms together with our order form constitute the whole agreement between you and us and supersede any prior promises, representations, undertakings or implications whether written or oral.
1.8 We request that you note the right of cancellation in clause 6 and the limitation of liability in clause 13.
2. Our Products
2.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images as may the packaging.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary slightly from that listed.
3. How we use your personal information
4. How the Contract is formed between you and us
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. It is your responsibility to ensure your order is correct.
4.2 We will not be responsible for any mistakes made on the order form by you. If there is a mistake, you must notify us in writing of the correct details before the Products have been dispatched. We will notify you if we are unable to comply with the terms of the amended order, or if there will be any additional costs in doing so.
4.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This email does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.
4.4 We will send you an e-mail that confirms our acceptance of the order (the “Acceptance Notice”). The Contract between us will only be formed when we send you the Acceptance Notice.
4.5 If we are unable to supply you with a Product or meet the exact terms of your order for any reason we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, and you no longer wish to proceed with the purchase at this stage, we will refund you the full amount including any delivery costs charged as soon as possible.
4.6 Orders received on Saturdays, Sundays or public holidays and after 1pm on weekdays will be processed by us on the following working day.
5. Our right to vary these Terms
5.1 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6. Your right of return and refund
6.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the 14 (fourteen) calendar days from the date of delivery of the Products (the “Cancellation Period”). This means that if you change your mind during the Cancellation Period or decide for any other reason that you do not wish to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a full refund. Further advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
6.2 You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 0800 019 5322 or by post to our registered office set out in clause 1.1. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the Cancellation Period or e-mail us before midnight on that day. If the last day of the Cancellation Period is a Saturday, Sunday or public holiday, the Cancellation Period will be extended to the next working day.
6.3 If you cancel your Contract we will:
6.3.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that goes beyond that necessary to establish the nature, characteristics and functioning of the Products as might be reasonably allowed in a shop;
6.3.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
6.3.3 make any refunds due to you as soon as possible and in any event within 14 days of:
188.8.131.52 the day on which we receive the Product back from you or, if earlier;
184.108.40.206 the day on which you provide us with evidence that you have sent the Product back to us.
6.4 If you cancel your Contract you must return the Products to us within 14 days of the date of cancellation. The delivery costs of returning the Products is your responsibility.
6.5 Notwithstanding the terms of this clause 6, if you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.6 We will refund you on the credit card, debit card or to the PayPal account used by you to pay.
6.7 We are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms. Further advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.1 You can see your delivery options on our Website (under Delivery) before you place your order.
7.2 Delivery of an order will be completed once the Products have arrived at the delivery address and are signed for either by you or by someone at the delivery address on your behalf.
7.3 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
7.3.1 let you know;
7.3.2 cancel your order; and
7.3.3 give you a refund.
7.4 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.
7.5 You own the Products once we have received payment in full and cleared funds, including all applicable delivery charges.
7.6 Subject to the terms of this clause 7, our liability (if any) for non-delivery of the Products shall be limited to refunding the price paid for such Products.
8. No international delivery
8.1 Unfortunately, we do not delivery to addresses outside the UK.
8.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
9. Risk in Products
9.1 Risk in the Products will pass to you on delivery. This means that after delivery you will be responsible for the Products.
10. Price of Products and delivery charges
10.1 The prices of the Products will be as quoted on our Website at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. See clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. Please check our Website for details of delivery charges.
10.5 It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.5.1 where the Product's correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
10.5.2 if the Product's correct price is higher than the price stated on our Website, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11. How to pay
11.1 You can only pay for Products using a debit card, credit card or a PayPal account. Payment for the Products and all applicable delivery charges are taken at the point of order and will be processed once we have accepted your order. Payments are processed via our secure payment system.
11.2 When making a payment to us, you undertake that all details you provide to us for the purpose of purchasing any Products are correct, and that the credit or debit card or PayPal account which you use is your own, that there are sufficient funds or credit facilities to cover the cost of any Products, and that you are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of your credit card or debit card details or your PayPal account before processing your order.
12. Satisfaction Guarantees for the Products
12.1 Clinical studies show that the NEWA beauty tool produces significant results in skin tightening and rejuvenation in just 12 weeks (following the recommended treatment programme of five times a week for four weeks and twice a week thereafter). We’re confident that you’ll love using your NEWA beauty tool and the results that you’ll see, and that it will become an essential part of your skincare regime. If, however, after following the recommend treatment programme you don’t feel that you’ve seen any improvements in your skin, you can return your NEWA beauty tool to us within 30 days of delivery to you, for a no quibble refund of the full purchase price. You will be responsible for the cost of returning the Product and we will refund you as soon as possible or within at least 30 days of delivery of the Product back to us.
12.2 The satisfaction guarantee stated in clause 12.1 is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13. Our liability to you
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to a limit of the price paid for the Product, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 Notwithstanding any other terms of these Terms, we do not in any way exclude or limit our liability for:13.3.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.3.5 defective products under the Consumer Protection Act 1987.
14. Communications between us
14.1 When we refer in these Terms to "in writing", this will include e-mail.
14.2 To cancel a Contract in accordance with your legal right to do so please follow the procedure set out in clause 6.2.
14.3 If you wish to contact us for any other reason, including because you have any complaints, you can contact our Customer Services team using the details set out in clause 6.3 above.
14.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
14.5 The provisions of this clause 14 will not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of any satisfaction guarantee we may have given to the recipient of the gift without needing to ask our consent.
15.3 This Contract is between you and us. No other person will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if the recipient of your gift of a Product will have the benefit of any satisfaction guarantee we may have given, we and you will not need their consent to cancel or make any changes to these Terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16. Notice of Cancellation
(Complete and return this form only if you wish to withdraw from the Contract)
To: Ferndale Pharmaceuticals Ltd, Unit 740, Street 2, Thorpe Arch Estate, Wetherby, England LS23 7FX
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following Products:
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper),
(*Delete as appropriate)
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