BABOR COSMETICS LIMITED WEBSITE TERMS AND CONDITIONS OF SALE
These terms and conditions apply to any products you may purchase from us through our website, www.uk.babor.com.
Please read all of these terms and conditions carefully before you order any products from us because, by ordering, you agree to be bound by them. Each time you place an order you will be asked to agree to these terms and conditions. If you do not accept these terms and conditions, you should not order any products from us.
You can print a copy of these terms and conditions by selecting the "print" option from the "File" menu of your browser.
1. Information about us and how to contact us
- Who we are We are Babor Cosmetics Ltd, a company registered in England and Wales. Our company registration number is 04215478 and our registered office is at 7 Christie Way, Manchester M21 7QY. Our registered VAT number is GB774323033.
- How to contact us You can contact us by telephoning our customer assist team on 0161 394 1232 or by emailing us at [email protected].
2. Contract restrictions
- Consumers only Our products are only intended for use by consumers (that means people who want to buy our products for their personal use and not for any business purposes). We reserve the right to reject or cancel your order if we reasonably think that you are buying our products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.
- Restrictions on delivery areas We can only guarantee delivery in the following geographical areas: England, Scotland, Wales and Northern Ireland.
- Confirmation of personal status By placing an order with us through our website, you are confirming to us that you are a consumer and that you are at least 18 years old.
3. Our products
- Product images The images of our products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display accurately reflects the colour of the products. Your products may vary slightly from those images. The packaging of our products may vary from that shown in images on our website.
- Product information The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we may not accept your order for the affected products, or if your order has already been accepted, we may not supply the affected products to you. We will notify you if this is the case and will not charge you for the products.
4. Our contract with you
- The steps required to form the contract between you and us are as follows:
- You place the order for the products you would like to purchase on our website by following the onscreen prompts. You will have the opportunity to check and correct any errors in your order up until the point at which you place your order by accepting these terms and conditions of sale and clicking the "Buy Now" button on the order summary page. No changes may be made to your order after this point.
- Once those steps are completed, you will receive an email summarising your order. This is not an order confirmation or an acceptance of your order by us. Your order is an offer to buy the products from us and your offer will not be deemed to have been accepted by us until we have sent you a dispatch confirmation email, as below.
- We will send you a dispatch confirmation email, which will confirm that we have accepted your order. Once you receive the dispatch confirmation email, a contract is formed between you and us in relation to the products set out in the email and payment will be taken from your chosen method. If we do not or cannot accept an order placed by you, for any reason, we will notify you.
5. Price and payment
- Where to find the price for the products The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order, except in cases of obvious error.
- We will pass on changes in the rate of VAT If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
- What happens if we get the price wrong It is possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If this is the case, we will, at our discretion, either contact you for instructions before dispatching the products, or reject your order and notify you of such rejection.
- When you must pay and how you must pay We accept payment by credit card and PayPal. You must submit your payment method details when you place your order for the products. We will take payment from your chosen payment method when we confirm acceptance of your order and dispatch the products.
6. Providing the products
- Delivery costs For information about our delivery charges, see Shipping charges.
- When we will provide the products During the order process we will let you know when we aim to provide the products to you.
- We may deliver the products in separate instalments If your order consists of more than one product, and not all products are available at the time of dispatch, we may deliver the products in separate instalments as and when they become available. You will only be charged for one delivery.
- We are not responsible for delays outside our control If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
- If you are not at home when the products are delivered If no one is available at your address to take delivery, and the products cannot be posted through your letterbox, we or our delivery provider will leave you a note or contact you informing you of the attempted delivery and how to rearrange delivery.
- If you do not re-arrange delivery If, after a failed delivery to you, you do not re-arrange delivery, we may end the contract with you.
- When you become responsible for the goods The products will be your responsibility from the time we or our delivery provider deliver those goods to the address you gave us. If you provide us with an incorrect delivery address and your order is signed for by someone else, or if the intended recipient is no longer resident or employed at the delivery location you specify, we cannot be responsible for any losses you may incur as a result, for example, theft of the products.
- When you own goods You own a product once we have received payment in full unless due to unforeseen circumstances we cancel your order as set out in these terms.
7. Your Rights - Cancellation, Returns and Refunds
What you have purchased is faulty, damaged or incorrect...
- Your rights
If the products purchased are faulty, damaged or incorrect, we may offer you an exchange or refund as appropriate.
- What you need to do
Please contact our customer services team on 0161 394 1232 or email us at [email protected] to discuss the issue with the products purchased and which of your legal rights you wish to exercise.
Please provide your name, home address, details of the order and, where available, your telephone number and email address to our customer services team.
You must return the products to: Dr. BABOR GmbH & Co. KG, Retourenabteilung, Neuenhofstraße 180, 52078 Aachen, within 30 days of receipt. We recommend you keep your Post Office receipt as proof of return.
- What we will do
If you have chosen to exchange the products, we will dispatch the replacement products as soon as we can once we have received the products you are exchanging.
If you have requested a refund, we will refund you the price for the products, including delivery costs and the cost of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque or TT transfer.
You have changed your mind...
- Your rights
Under the Consumer Contracts Regulations 2013, for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
You are entitled to cancel your contract provided that you exercise your right to cancel no longer than 14 days after the day on which you receive the products.
Your right to return or cancel products does not apply to products that are sealed for hygiene or health protection purposes (once these have been unsealed after you receive them). This doesn't affect your statutory rights if the products are faulty or not as described.
- What you need to do
To exercise your right to cancel and return the products, please email us at [email protected], clearly stating that you wish to cancel the contract. Please provide your name, home address, details of the order and, where available, your telephone number and email address.
The products must be returned to us within 14 days of telling us you wish to end the contract, in a new and unused condition and wherever possible in the original packaging. The date of return is the date on which you send the products to us
- What we will do
Where you are exercising your right to cancel because you have changed your mind, the products will be returned at your cost.
We will refund you the price for the products, including original delivery costs, by the method you used for payment. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque or TT transfer.
We may make a deduction from the refund for any loss in value of the products, if the loss has been caused by unnecessary handling by you.
We will refund you no later than 14 days after the day you exercised your right to end the contract.
You want to end the contract because of something we have done...
- Your rights
Reasons for wanting to end the contract for this reason include:
- we have told you about an upcoming change to the products or these terms which you do not agree to;
- we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
- What you need to do
To end the contract for this reason, please contact our customer services team on +44 (0) 1613941232 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your telephone number and email address.
- What we will do
Your contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly.
We will refund you the price for the products, including original delivery costs and the costs of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque or TT transfer.
8. Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded by law.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use any of the products for any commercial, business or re-sale purpose we will have no liability to you for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
9. Other important terms
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings You and we agree that English law applies to these terms and that any dispute between us arising out of or in connection with these terms will only be dealt with by the English courts, unless you live in another part of the UK or Republic of Ireland, in which case the applicable law of that part of the UK or Republic of Ireland will apply and any dispute will be brought before the courts of that part of the UK or Republic of Ireland.
- Alternative dispute resolution Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the European Commission Online Dispute Resolution via their website at ec.europa.eu/odr. The European Commission will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.