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Terms and Conditions

1. Terms of website use and acceptable use policy 

Welcome to Madame Skin 

Please read these terms and conditions carefully before you start using this website. By accessing or using the website, you agree to be legally bound by these terms and conditions. These terms of use ( together with the documents refered to on it) constitute the basis for a binding legal agreement between you and Madame Skin (company number 10083501) whose registered office is at 3rd Floor, 86-90 Paul Street, London, EC2A 4NE. For the purpose of these Terms and Conditions the words “we”, “us”, “the site” and “our” means Madame Skin. The term “the website” means the website located at www.madameskin.com or any subsequent URL which replaces it or sits along side it. The terms “You” or “your” refer to a user of the website. These Terms and Conditions govern your use of the Madame Skin (the site) and all Madame Skin services and sales of products (the “service”). Please read them very carefully as they may affect your rights and liabilities under the law.

By clicking on “Register” to register for an account to use the service, you acknowledge and represent that you have read and understood the terms and conditions and that they become a legally binding agreement between you and Madame Skin, you agree to receive all communications from Madame Skin under this agreement electronically via email and you agree to keep your current email address updated under the “profile” section of the site at all times and that you agree that you will be deemed to have received any notice we send to that email address.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Environ skincare products can ONLY be sold after undergoing a consultation due to active ingredients contained within the range and to ensure that the correct level of active vitamins for your needs is properly identified and prescribed. Madame Skin processes telephone orders for Environ Skincare in compliance with Environ’s terms of trading. By placing an order by telephone with our staff, you confirm your unconditional acceptance of these conditions.

Whether or not you become a member, by visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time; if you do not agree to these terms and conditions you should not visit or browse the site.

These Terms and Conditions shall be governed and interpreted in accordance with the laws of England.

 

2. Modifications to Terms and Conditions

Madame Skin (“we”, “us” and “our”) reserves the right to modify our Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms and Use will be posted in this section of the site, and any such modifications will become effective upon the posting of such a notice. Your continued use of the site constitutes your binding acceptance of such modifications. Modifications to the website will be ongoing, to include our homepage, new products being added and obsolete products being removed, new features and other modifications as we see fit. All prices and descriptions displayed on the site will supersede all previous publications. Madame Skin will correct any mistakes or omissions as soon as they are discovered.

Please check this section of the site before using the site to determine whether or not any changes have been made to our Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with our site and services and notify us of your unwillingness to accept the changes to the Terms of Use and Service by emailing us on our Contact Us page on the Home page, calling us on 0207 205 4305 or writing to us at Madame Skin, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE  and inform us of your intention to discontinue your use of the Service and the Site. You agree that we shall not be liable to you or to any third party for any modification of the Terms of Use.

 

3. The Ordering Process 

Madame Skin only accepts orders from persons aged 18 or over. We accept orders from persons resident outside of the United Kingdom. 

No contract exists between you and Madame Skin for the sale of any products until Madame Skin has received and accepted your order and has received payment in full (in cleared funds). Once Madame Skin does so, there is a binding legal contract between us.

When you place an order to purchase a product from Madame Skin we will send you an acknowledgement of you order via email, which will contain the details of your order.

Acceptance of your order will not take place until after your payment is taken and you receive your acknowledgement of order email. It is at this point that a binding legal contract is created and any such contract is subject to these terms and conditions.

All orders placed are subject to acceptance and availability. If any products ordered are not available, you will be notified during the phone consultation or by email. You will have the option of either waiting until the item is back in stock or you can cancel your order. It is your responsibility to provide us with a valid email address or telephone number so that we can contact you if necessary. 

Any orders placed by you will be treated as an offer to purchase the goods or services from us. We have the right to reject such offers at any time prior to acceptance. In addition, we reserve the right to withdraw products from our range at any time and without any prior notice.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

The product descriptions stated on the Madame Skin website are provided by the manufacturers / distributors. Users should note that the descriptions relate to individual products and the results and reactions that a user may experience on the skin will vary widely depending on other products they are used in conjunction with.

All products should be patch tested before complete use to determine suitability. It is then the customer’s responsibility to determine whether a product is suitable for use on their skin. Whilst advice may be given via telephone or email, Madame Skin cannot be held responsible if a product reacts with your skin.

You shall be responsible for ensuring the accuracy of the details provided on the “New User Consultation Form” or “Existing User Continuation Form”. We will not accept or process an order using the details from these order forms unless they have been completed accurately and fully.

You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the website.   

When you visit the Madame Skin website or send emails to us, you are communicating with us electronically. We often communicate with you by email or by posting notices on the website. You agree to receive written communications from us electronically. This condition does not affect your statutory rights. Upon receipt of emails Madame Skin will reply where possible by email or telephone call within 24 hours (not including Sundays and bank holidays. By ordering over the telephone you are acknowledging that you have read and agree to these terms and conditions prior to your call.

The conclusion of a contract between you and us will take place when we accept your order by (i) debiting your credit or debit card, or (ii) dispatching goods to you/making information available for you to download or view or by commencing use of the services, whichever is the earlier.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website. 

Each item or service purchased is sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read these additional terms. 

Full details of the prices of the products can be requested from Madame Skin once a user has registered for an account. All products will be delivered to members in accordance with the details of the delivery details listed on the site.  

Madame Skin are entitled to refuse any order placed by you and will not be required to provide an explanation. 

 

4. Delivery 

The products you order will be delivered to the delivery address you give when you placed your order. However, if you are a new customer placing an order for the first time Madame Skin reserve the right to post only to the billing address provided should this differ from the delivery address.

You will become the owner of goods you have ordered when they have been paid for and delivered to you. 

Delivery time may vary based on (1) your delivery address, (2) stock availability, (3) when you place an order and (4) other circumstances impacting on delivery by our couriers. We will use our reasonable endeavours to make sure that the products reach you within 3 to 5 working days and no later than 7 days of your order being placed, however Madame Skin makes no guarantees as to the actual delivery time and time for delivery of the products to you shall not be of the essence of your contract with us. 

Please note no dispatch and delivery on Bank holidays, Saturdays and Sundays. During Christmas and Sale periods it might take longer to dispatch your order (up to 7 working days).

In the event that goods are temporarily out of stock, you will be notified within 3 working days of placing the order. We may offer alternative items or inform you of the date that we expect the missing item(s) to be back in stock. Any dates quoted for delivery of goods are approximate only and we shall not be liable for any delay in delivery of goods however caused. If, however, we are unable to deliver your goods by the date quoted for delivery, you, the buyer, shall be entitled to cancel the order at any time before delivery takes place. We will then re-credit any sum/s that have been paid by you or debited from your credit card for the products concerned. A confirmation email shall be sent confirming this refund.

Once the products you have ordered have been passed to the third party carrier, you will receive an email or text advising you of the delivery details and the estimated time and date of delivery. The risk of loss for items shipped passes to you upon delivery to the carrier. 

We are happy to accept orders from the Channel Islands but regret that we will not be able to provide VAT refunds since the administrative cost which would be passed on to the client to action this would far exceed the refunded amount.

International orders can take from 3 - 15 working days to be delivered, depending on the country and location that the order is being dispatched to. Some international orders may have to pay customs duty; this is at the discretion of the country posted to. 

If the customer does not agree to pay the customs duty, the parcel may be returned to Madame Skin and the value refunded will be less the customs duty or cost of return from the courier (if charged) and less the cost that Madame Skin paid to dispatch the parcel. The majority of orders will arrive within the delivery times stated above, however, please allow at least 15 working days for delivery before contacting us, as we are unable to investigate with Royal Mail until this time has passed.

For international orders, delivery will be via a designated couriers International Registered Post and a signature may be required upon delivery. International customers should contact Madame Skin for a delivery quote. All international purchases over £500 will be delivered free of charge. 

Each order you place for a product will constitute a separate contract between you and Madame Skin on the terms and conditions set out in these Terms of Use. 

Should an order be lost in the post, Madame Skin will put in a claim on the Post Office insurance. We will not be able to offer a replacement until 15 working days after the dispatch date. When completing our claim form, we will provide the name and contact details of the intended recipient. Before we send a replacement, we will require our lost post form to be completed, signed and returned to us confirming non-receipt. We can email you this form. Any goods not received within the 15 working days timescale must be reported to Madame Skin in writing 20 working days from the date of dispatch. Please note we cannot accept responsibility after this date due to Royal Mail regulations regarding the compensation for lost parcels.

Upon receipt of your order you may be asked to sign for the parcel received in good condition. If a parcel appears to be damaged in any way DO NOT accept the delivery and notify Madame Skin immediately. All shortages, damages and incorrect items must be reported within 48 hours. 

 

5. Payment 

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the United Kingdom unless otherwise specified. Prices are in Pounds Sterling unless otherwise specified. 

We reserve the right, by giving notice to you, the buyer, at any time before delivery or performance to increase the price of goods or services to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). 

In the unlikely event of there being such an increase in the price of goods or services you, the buyer, shall be entitled to cancel the order at any time before delivery or performance. 

In the unlikely event that the price or description of an item or service has been incorrectly advertised, we will contact you by email, telephone or post to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already dispatched or commenced performance of your order, we will not be obliged to supply products or provide services at the incorrect price or based on an incorrect description. 

Payment can be made by any major credit or debit card or through an electronic payment gateway. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

Payment will be debited and cleared from your account before the dispatch of your goods or provision of the service to you. You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution including, but not limited to overdraft, insufficient funds, and over the credit limit fees. You will not hold us responsible for banking charges incurred due to payments failing on your credit or debit card. 

By placing an order, you, the buyer, consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form. 

Title to the goods will pass to you, the buyer, on delivery of the goods. 

We will issue you with an electronic receipt to your email address once the goods 

When you pay for your order by credit or debit card, we carry out checks or 'authorisations' with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details. 

Without prejudice to any of our other rights under these Terms of Use, we may modify the price, content, or nature of the Service at any time. If we modify any of the foregoing terms, you may terminate your membership. We may provide notice of any such changes by e-mail, notice to you upon log-in, or by publishing them on the Site.

 

6. Refunds and Cancellations 

You shall be deemed to have accepted the products immediately upon delivery to you. You shall inspect all the products upon delivery and shall within 48 hours notify Madame Skin of any defects or if the products are otherwise not in accordance with the contract. 

If a product has been damaged in transit or is faulty, please contact us within 2 working days of receipt of your order to arrange a replacement, or a return and refund of the faulty item by second class recorded post.  Madame Skin cannot accept responsibility for damages / missing products reported after this period.

If you reject any Products which are defective or otherwise not in accordance with the contract you shall be entitled to a refund of the purchase price (including postage and packing charges) or (at the discretion of Madame Skin) replacements of the defective products and in any case your costs of return carriage up to a maximum of £5. 

If you are dissatisfied with any Products which are not defective nor otherwise not in accordance with the contract and at your cost you return such products to Madame Skin within 7 days of delivery to you and such Products are undamaged, unused and in original packaging we shall refund to you the purchase price (but not any postage and packing charges). 

If a purchased product has been used or opened (hologram no longer intact, manufacturer / factory seal no longer in place), then it will not be eligible for a return or refund of exchange. Postage for Refunds/Returns is non-refundable. Postage will be charged on replacement items. Any returned orders must be sent in original outer packaging. We will refund the purchase price in full, plus the cost of return packaging, if the return results from an error made by us, or from a defective item. 

In the case of a parcel being returned to Madame Skin due to the customer not collecting from their postal office / depot, a re-delivery price will be charged to re-send the parcel. If the customer chooses to cancel the order in this instance instead of re-posting, the original postage and packaging cost covered by Madame Skin will not be refunded. If a product is to be returned due to a reaction caused to the skin, the decision to accept a return is at Madame Skin’s discretion.

In the instance of seeking a refund or exchange due to a product reaction, Madame Skin cannot consider this unless a Product Reaction Authorisation Form has been completed in full with accurate information. Any products returned will be sent to the manufacturers for testing and must be returned at the customer’s own cost.

Madame Skin is not liable for products damaged during transit from you to us and proof of postage is not proof of delivery to Madame Skin. Madame Skin strongly advises you to send your returned Products by recorded delivery, registered post or courier and to maintain sufficient insurance to cover the value of the Products. 

If you wish to change or cancel your order you must contact Madame Skin on 0207 205 4305 (9.00am to 6.00pm) 

In the event of cancellation before Madame Skin has packed or dispatched your order Madame Skin shall refund all amounts paid by you in respect of such Products. 

In the event of cancellation after Madame Skin has packed and/or dispatched your order the terms for returns as stated above shall apply. 

If you decide to terminate your account with Madame Skin, upon receipt of your cancellation request by phone or email, we will terminate your account within 2 working days of completing any outstanding activities that legally bind you to Madame Skin. This may include, but is not limited to the return of any unwanted or damaged products. 

 

7. Becoming a registered account user 

Before you can purchase goods or use of the services on this website, you will need to register as a member through the site and obtain an account. 

Upon signing up with Madame Skin, all account users are obliged to comply with the details spelled out in these terms and conditions and these details will apply to the said member.

To lawfully enter into a contract in accordance with English Law and form an account with Madame Skin, you must:

1. Be aged 18 years and over 

2. Register your real name, address, phone number, email address and any other details requested. The personal information that you register must be true, accurate, current and complete. 

3. You must not impersonate any other person or entity

4. You must notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives

By offering to purchase goods and services, you represent to us that you are 18 years of age. Many of the products can be used by individuals aged under 18 years. However, if you are under 18, please ask an adult to contract on your behalf. By registering for an account, you expressly authorise us, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time (including but not limited to your credit or debit card number or credit reports) to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchase transactions so far as is necessary for those purposes

Registering to become an account user is at the company’s discretion. Madame Skin reserves the right, at its absolute discretion to refuse an account registration for any reason. Madame Skin will not be held liable to any person by reason of refusing to process or suspend a users account registration. In the event that your card does not have sufficient credit, we reserve the right to, at our sole discretion, reject your registered account.  

A registered account is for one person only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Your registered account is always free and will remain active unless you cancel your account or your account is otherwise terminated under these Terms of Use.

You must agree to provide information about yourself on the registration form that is correct, current, true and complete. You must agree to maintain and promptly update the registration data to keep it correct, current, true and complete. If you provide any information that is incorrect, not current, untrue or incomplete or if we have any reasonable grounds to suspect that the information that you have provided is incorrect, not current, untrue or incomplete, Madame Skin reserve the right to suspend or terminate your account and refuse to offer you any and all current or future use of the service and the site.

You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You are solely responsible for any information related to your account. If you suspect any unauthorised use please notify us immediately. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

You must have a valid credit card or debit card with a bank that is acceptable to Madame Skin and you must have provided us with the details of the card. The card must be registered to your home address. 

We do not allow multiple orders on certain products which contain a high percentage of active ingredients. Products ordered must be for the use of the Madame Skin account holder only.

 

8. Intellectual Property 

Madame Skin is a trademark of Madame Skin. All Madame Skin graphics, logos, page headers, button icons, scripts and service marks are trademarks of Madame Skin.  Any trademarks not owned by Madame Skin that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Madame Skin. Nothing on the Site grants you any licence or right to use, alter or remove such material. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Madame Skin, its licensors, or its product suppliers, and is protected by the laws relating to copyright, trade marks, database right and other intellectual property rights.


You may retrieve and display the content of the Site on a computer screen and print one copy of such content for your own personal, non-commercial use, provided that you keep intact all and any copyright and other proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from us.

You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. 

You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 

Our status (and that of any identified contributors) as the authors of material on our site and the owners of the Trademarks on our site must always be acknowledged. No licence is granted to you in these conditions to use any trade mark of www.madameskin.com 

Goods and services sold by us may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights. 

Madame Skin reserves the right to enforce our intellectual property rights to the fullest extent permitted by law. 

 

9. The Website 

We attempt to ensure that the information available on our website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. 

Products, services, prices and offers are only valid at the time they are published on our Website. All images should be used only as a guide or representation of the item. 

All drawings, descriptive matter and specifications of goods and services on the Website are for the sole purpose of giving an approximate description of the goods and services. 

We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability. 

We reserve the right to: 

9.1. modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 

9.2. change the conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. 

You may not use the Website for any of the following purposes:

9.3. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; 

9.4. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise; 

9.5. breaches any relevant laws, regulations or code of practice; 

9.6. gaining unauthorised access to other computer systems; 

9.7. interfering with any other person's use or enjoyment of the Website; 

9.8. breaching any laws concerning the use of public telecommunications 

networks; 

9.9. interfering or disrupting networks or websites connected to the Website; and 

9.10. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. 

We reserve the right to refuse to post material on the Website or to remove material already posted on the Website. 

 

10. Disclaimers of Warranties; Limitations on Liability

The service (including the products provided under the service or purchased through the site), and the site and its contents, are provided "as is"; Madame Skin makes no representations or warranties of any kind with respect to the service, gift vouchers, products provided with or sold by the service, the site, or any contents therein. Madame Skin assumes no liability or responsibility for any errors or omissions in providing the service or in the content of the site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the site, any losses or damages arising from the use of the content provided on the site, goods or services provided by Madame Skin or any conduct by users of the site. Madame Skin reserves the right to refuse to ship products in its sole discretion. MADAME SKIN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Madame Skin does not represent or warrant that the information on or accessible via the site or through the service is complete or current.

The Site provides content from other Internet sites or resources whether by way of hypertext links or other means of reference. While we try to ensure that material included on the Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site we will attempt to correct such inaccuracies as soon as we reasonably can. You may not link the Site to another Website without our prior written consent.

NOTHING IN THIS CLAUSE “10” PURPORTS TO LIMIT OR EXCLUDE OUR LIABILITY FOR LOSS CAUSED BY OUR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

MADAME SKIN AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS EMPLOYEES AND AGENTS LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. MADAME SKIN AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. MADAME SKIN AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CERTIFICATES, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO MADAME SKIN BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY MADAME SKIN TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE.

This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights. 

 

11. Force Majeure 

 We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control. 

 

12. Privacy 

Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions. We may sometimes record calls in order to improve our customer service. You can find the Privacy Policy on our website: www.madameskin.com . Please review our Privacy Policy carefully

All credit / debit card data is encryption processed through our secure server via Shopify or PayPal. Madame Skin do not store any of your credit / debit card details.

All personal data is strictly held in relation to your business dealings with Madame Skin. None of this data will be disclosed (unless required by law) to any third party. This data is stored in accordance with the Data Protection Act 1998 and can be checked or updated by contacting Madame Skin.

 

13. Rights of Third Parties

Except as expressly provided for above, nothing in theses Terms of Use confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

 

14. Links and Advertising 

We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. 

MADAME SKIN IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

 

15. Submissions

The website may allow you and other third parties to post reviews and comments concerning the service or the products we distribute. Any opinions, advice, statements, services, offers or other information that constitutes part of the content expressed or made available by third parties on the site are those of the respected authors or producers and not necessarily those of Madame Skin, or its owners/officers. Madame Skin may review and delete any content, in whole or in part, that in the sole judgment of Madame Skin violates these terms of use or which may be deemed offensive, illegal or that may violate the rights of or harm any third parties or which might not be in the nature of Madame Skins views. 

Under no circumstances will Madame Skin or its owners or employees be held liable for any loss or damage caused by you reliance on information obtained through the website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the service or the website. 

We are free to use any comments, information, ideas, concept, reviews, or techniques or any other material contained in any communication you might send to us, including without limitation, responses to questionnaires or through postings on message boards or on the site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating or improving the site and the service. You grant us a perpetual none exclusive, fully paid royalty free, irreversible worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the submission or information submitted in any media, software, or technology of any kind now existing or developed in the future

By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Madame Skin will not infringe on or violate the rights of any third party.

Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

 

16. Use Restrictions

You will not use the site or service to: (a) upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users. You agree that you will be responsible for any losses or costs we suffer resulting from your breach of this clause 12.


17. Access Limits

Unless otherwise specified, the content on the site is for your personal and non-commercial use; Madame Skin grants you permitted use to access the site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the service, or any information contained on, or obtained from, the site without the express written consent of Madame Skin. Any and all unauthorised uses of the site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the site or collect any information from the site (including without limitation robots, spiders or scripts), or (b) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

Although we aim to offer you the best possible service, we do not warrant that the Service or the Site will meet your specific requirements. We cannot guarantee that the Service of the Site will be fault free. If a fault occurs with the Site you should report it to us using the contact details shown above and we will attempt to correct the fault as soon as we reasonably can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

 

18. Indemnity 

You agree to indemnify and hold Madame Skin, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyers fees, made by any third party due to or arising out of your use/misuse of the service or the use/misuse of the service by any person you are responsible for or from your violation of these Terms of Use and/or arising from a breach of these Terms of Use.

 

19. Termination

You agree that we at our reasonable discretion, may terminate with notice to you your password, your account with us, or your use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use, failure to promptly pay any membership fee or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, at our reasonable discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Submissions made from your account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

 

20. Service Access

While we will endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time for any period.

Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

21. Service Tests

Madame Skin tests aspects of its service from time to time. Madame Skin reserves the right to include you in such tests without notice.

 

22. Governing Law

The website is controlled and operated in the United Kingdom.

These Terms of Use are governed in all respects by the laws of England and Wales. Any dispute arising out of or relating to these Terms of Use, the Service, the Products, or the Site shall be settled before the English courts.

 

23. Taxes 

All applicable local UK taxes are your responsibility. You agree to pay these taxes.

 

24. General

Madame Skin’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from Madame Skin. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Madame Skin is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use comprises the entire agreement between you and Madame Skin and supersede all prior agreements between the parties regarding the subject matter contained herein.

 

24. Claims of Copyright Infringement 

It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, if you are aware of any infringing material on the Site, or if you know of someone who is making unauthorised use of the content of the Site, please contact our registered agent or us.

 

25. Assignment 

You may not transfer any of your rights under these Terms of Use to any other person. We may transfer our rights under these Terms of Use to another business where we reasonably believe your rights will not be affected.

 

26. Your Right to Cancel

You have the right to cancel the contract made with us at any time up to the end of seven (7) working days after the conclusion of the Contract ("the Cancellation Period"). To exercise your right to cancel the contract you must give written notice to us by email, or post using the following contact details: E-mail – sales@madameskin.com

 

27. Territory 

We can ship overseas subject to extra shipping or postage costs, as well as any additional taxes or expenses incurred due to complying with foreign regulatory  requirements or laws. you will have an opportunity to cancel this order in case these costs are deemed not satisfactory.

Updated 15th April 2016