This agreement applies between you and NCSKIN Limited of 1st Floor 87/89 High Street, Hoddesdon, Herts, England, EN11 8TL (hereinafter “NCSKIN”, “we”, “us”, or “our”) at www.ncskin.co.uk. Your agreement to comply with and be bound by these Terms and Conditions (these “Terms”) is deemed to occur upon your first use of the Services.

 

1.    Intellectual Property

1.1.    All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of NCSKIN, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable UK and International intellectual property and other relevant laws.

1.2.    You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by NCSKIN.

 

2.    Basis of Order and Acknowledgement

2.1.    The Contract is subject to these Terms to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract). 

2.2.    Minimum order quantities and/or values may apply at our discretion. 

2.3.    You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.

2.4.    A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt). 

2.5.    We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.

 

3.    Products Descriptions and Prices

3.1.    We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours. 

3.2.    We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

 

4.    When Orders are not accepted

4.1.    While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: 

4.1.1.    you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; 

4.1.2.    we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; 

4.1.3.    we have reasonable grounds to believe that you intend to resell the Products. 

4.2.    If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. 

4.3.    If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

 

5.    Cancellation of Orders

5.1.    NCSKIN reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. NCSKIN may do this for example, but without limitation, where:

5.1.1.    NCSKIN’ suppliers are unable to supply Products that they have previously promised to supply;

5.1.2.    an event beyond NCSKIN’ control, such as storm, fire, flood or failure of computer systems, means that NCSKIN is unable to supply the Products within a reasonable time;

5.1.3.    Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

5.1.4.    you ask NCSKIN to cancel your Order.

5.2.    You may cancel your Order where NCSKIN:

5.2.1.    has breached a material term of this Agreement;

5.2.2.    is not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: 

5.2.2.1.    for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or 

5.2.2.2.    which was outside NCSKIN’ control.

5.3.    Where NCSKIN cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

5.4.    In the event of NCSKIN or you are cancelling your Order after payment has been processed, NCSKIN will refund any money paid in respect of that Order. 

5.5.    Except to the extent otherwise required by law (including, without limitation, the UK`s Consumer Protection Regime) or as expressly set out in these Terms, NCSKIN will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

6.    Availability of Products

As NCSKIN is dependent upon its Suppliers to provide stock, NCSKIN cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. NCSKIN reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the UK`s Consumer Protection Regime), NCSKIN will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

7.    Passing of Risk and Title

7.1.    The risk in the Product shall pass to you on delivery as set forth herein. 

7.2.    The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: 

7.2.1.    payment in full, in cash or cleared funds, for all the Product has been received by us; and 

7.2.2.    all other money payable by you to us or under the Contract or any other contract or order has been received by us. 

7.3.    Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. 

7.4.    We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you. 

 

8.    Delay in availability or delivery of Goods

8.1.    You agree and acknowledge that:

8.1.1.    NCSKIN does not guarantee the dispatch or delivery or availability of Goods within the time frames set out, estimated delivery times listed for your Order or any other time frames otherwise specified by NCSKIN;

8.1.2.    stock availability and events outside NCSKIN` control may cause delays, or in some circumstances, prevent your Goods from being delivered;

8.1.3.    delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

8.1.4.    except to the extent expressly set out in these Terms or otherwise required by law (including, without limitation, the UK`s Consumer Protection Regime), neither NCSKIN nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

9.    Chargebacks

You agree to contact NCSKIN prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through NCSKIN, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

 

10.    Warranty 

10.1.    We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product to comply with the foregoing shall be limited to replacing or repairing that Product found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any Product which have been replaced.

10.2.    We shall not be liable for a breach of the warranty in any of the following circumstances: 

10.2.1.    the Product has been modified, altered, used in its intended purpose or misuse or neglect; 

10.2.2.    the Product has not been used in accordance with our instructions; 

10.2.3.    normal wear and tear, wilful or accidental damage; 

10.2.4.    the price for the Product, or any other Products or services supplied by us or our affiliates, has not been received in full.

10.3.    Minor deviations from specifications which do not affect performance of the Product shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.

 

11.    Exclusion and Limitation of Liability

11.1.    These Terms set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited. 

11.2.    In no event shall we be liable for: 

11.2.1.    any loss of anticipated profits; 

11.2.2.    any loss of actual profits, (direct or indirect); 

11.2.3.    any loss of anticipated savings; 

11.2.4.    any loss of business or revenue; 

11.2.5.    any economic loss of whatever nature; 

11.2.6.    any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; 

11.2.7.    any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or 

11.2.8.    any loss resulting from use, application of or results obtained from any software incorporated into the product. 

11.3.    We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim. 

11.4.    To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period. 

11.5.    Every effort has been made to ensure that these Terms adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

12.    Accuracy of Billing and Account Information

12.1.    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

12.2.    You agree to provide current, complete, and accurate purchase and order information for all purchases made at our store.

12.3.    You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

13.    Privacy

For the purposes of applicable data protection legislation, NCSKIN will process any personal data you have provided to us in accordance with our Privacy Policy.

 

14.    Disclaimers

14.1.    NCSKIN is not liable for any individual reaction to any particular ingredient. Prior purchasing and using any product from us, remember to carefully read all instructions, labels, ingredient lists, and follow the appropriate directions for use. If you have a specific skin condition, allergy, or sensitivity, do not use ingredients that may trigger a reaction. 

14.2.    If you are not sure about your skin being compatible with our ingredients, please consult your healthcare provider or dermatologist prior ordering or using any NCSKIN products. An allergy patch test is recommended if there is any doubt or history of skin reactions. Discontinue use if a reaction occurs.

14.3.    NCSKIN accepts no responsibility or liability for any adverse consequences resulting directly or indirectly from the use of our products. Contact your doctor immediately if you suspect that you have a medical problem or emergency. Please follow product's storage instructions carefully. NCSKIN is not liable for any individual reaction caused by a spoiled, destroyed or defective product due to being improperly stored while in customer's possession. Please consult a healthcare provider if you have any questions about a particular health condition. Do not disregard professional medical advice or delay in seeking it because of any information you have read on this website.

14.4.    There are sometimes unknown individual risks and circumstances that can arise during use of our products that can influence or reduce results. We are not responsible for your personal actions or choices before, during or after using any of our products. You understand that any use of any product, suggestion, recommendation, information is at your own risk, with no liability on our part. You accept full responsibility for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you or any other person, may incur from your or their use or non-use of the NCSKIN products, or information provided by NCSKIN. If you have any concern, please consult a physician or any other medical specialist.

 

15.    No Waiver

In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

16.    Previous Terms and Conditions

In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.

 

17.    Law and Jurisdiction

17.1.    Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.

17.2.    These Terms and the relationship between you and NCSKIN shall be governed by and construed in accordance with the Law of England and Wales and NCSKIN and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.