UK Terms of Sale
As of February 28, 2020
Welcome to the StriVectin website.
These UK Terms of Sale (“Terms of Sale”) apply to you if you place an order with StriVectin Operating Company, Inc. (“StriVectin”, “us” or “we”) in the United Kingdom (“UK”) for products which are sold on this website (the “Site”). StriVectin Operating Company, Inc.’s address and registered office is 285 Madison Avenue, Suite 1200, NY NY 10017; with company registration number 3832093.
By placing an order with us for our smart, targeted solutions for ageing and changing skin which are sold on the Site (the “Products”) you will be deemed to have read, understood and agreed to these Terms of Sale. Please read these Terms of Sale carefully and, if you are unhappy with any aspect of these, then you should contact one of our customer service advisors before placing an order with us.
These Terms of Sale are subject to change from time to time in our sole discretion. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice on the Site or updating the date at the top of these Terms of Sale. Every time you order Products from us, the Terms of Sale in force at the time of your order will apply to the contract between you and us. If we have to revise these Terms of Sale and this has a material impact on your order, we will notify you of this.
2. OUR CONTRACT WITH YOU
We will notify you by email to confirm your order and to provide you with an order number (the “Order Confirmation”). Order Confirmations can sometimes take up to 24 hours to receive due to high demand. If you have not received your Order Confirmation email after 24 hours, please contact us at email@example.com. Once we have sent you a confirmation email we will have accepted your order and StriVectin is then under a legal duty to supply the product(s) in conformity with the contract of sale.
If we are unable to fulfill your order, in lieu of an Order Confirmation we will contact you by email informing you of this. This may be because the product you have chosen is out of stock, because of unexpected limits on resources or because of a product or pricing error. We also reserve the right to reject any offer to purchase by you at any time.
A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us. You own a Product once we have received payment in full.
3. PAYMENTS; ORDERING
The price of the product (which includes VAT, where applicable) will be the price indicated on the order page when you place your order.
We take reasonable care to ensure that the price of the Products listed on the Site is correct; however, errors may occur. In the event a Product is listed at an incorrect price, StriVectin shall have the right, in its sole discretion, to refuse or cancel any orders placed for a Product listed at the incorrect price. If this occurs, we will notify you by email and cancel the item from your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. Online payment transactions are subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any such fees. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
Your order will be delivered to the shipping address that you specify when placing your order. If we are unable to deliver to your shipping address, for example if your shipping address is geographically remote, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. We also reserve the right to determine whether a particular Product can be delivered to a particular destination in the UK, or outside the UK.
Products comprised within the same order cannot be delivered to different addresses.
If our supply of the Product is delayed by an event outside our control then we will contact you 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.
For Product(s) being delivered to you, delivery will be made to you by us or our nominated carrier. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end our contract of sale with you.
5. PRODUCT DESCRIPTIONS
The images of the Products on our Site are for illustrative purposes only and your Product (including the packaging) may vary slightly from those images. Although we have made reasonable efforts to display the colours accurately, we cannot guarantee that the display of colours by your computer or device accurately reflects the colour of the Products. Your product may vary slightly from those images and the packaging of Products may also vary from that shown in images on our Site.
6. LIMITED AVAILABILITY
All orders of Products must be for your personal use only, including any samples we provide. By purchasing Products, you hereby agree not to resell or distribute such Products (or any samples) for any commercial purposes. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms of Sale. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We will either not charge you or refund the charges for orders that we cancel or do not process.
A Product may be listed as being in stock on the Site when you place an order but sold out when we attempt to process the order. In these rare cases, we will notify you by email and cancel the item from your order. A Product may sometimes be listed for sale before it has been manufactured or arrived at our warehouse. When you pre-order these Products, we will ship them out once they are available. In rare cases, pre-ordered Products may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.
If your credit card has already been charged for a purchase before your order, or any part of your order, is cancelled, StriVectin shall issue a credit to the payment method used for the purchase in the amount of the cancelation.
StriVectin also reserves the right to limit the number of Products you may purchase through the Site.
7. RETURNS AND CANCELLATIONS
If the Products you receive are damaged or faulty or not the Products you ordered, we will exchange the Products or offer you a refund for the purchase price of the Products, the delivery charge, and any reasonable shipping costs you incur in returning the Products. Any refund will not include any costs incurred by you in returning the Products in person. If your Product is faulty and you return it within 30 days of delivery with proof of purchase, we’ll exchange or refund it after you return it to us. After 30 days, we’ll replace the Product in accordance with the terms of the Consumer Rights Act 2015. There are some products which we can't exchange unless faulty. Please contact us as soon as possible if you wish to return or exchange a damaged or faulty product by contacting firstname.lastname@example.org.
If you request a refund, we will refund you by the method you used for payment.
These legal rights are not affected by your right to cancel the contract (as set out below) or anything else in these Terms of Sale or elsewhere on this Site.
We generally accept returns on both new and gently used Products purchased from the Site if requests for a return are submitted within 30 days of the order being shipped. Please see our Returns Policy for further details. This right of return does not affect your statutory right to cancel (as set out below under ‘Statutory Cancellation Rights’).
Statutory Cancellation Rights
If for any reason you are not entirely satisfied with the Products you have purchased from us, you also have the right under UK Law to cancel the Products without giving any reason and receive a full refund, provided you inform us within 14 working days from the delivery of the Products.
Your right to return Products does not apply to sealed Products which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
The right to cancel is also subject to certain conditions, as set out below:
a) Your right to cancel your order will expire 14 days after the day on which you (or person indicated by you to take delivery, other than the carrier) take delivery of the Products.
b) You must inform us of your decision to cancel your order by a clear statement before the end of the cancellation period. The easiest way for you to do this is by emailing us at email@example.com. You can also complete our model cancellation form accessible at the end of these Terms of Sale. Once you have completed the cancellation form, send it to firstname.lastname@example.org. If you use this option, we will communicate to you acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email). If you are emailing us or writing to us, please include details of your order to help us to identify it.
c) You have taken reasonable care of the Products prior to return. This means that the Products must be returned undamaged and unused with the correct invoice, packaging and accompanying product documentation.
d) You return the Products to us without undue delay and in any event within 14 days of informing us of your decision to cancel.
e) You return the Products in suitable packaging to ensure the Products reach us in good condition in accordance with these Terms of Sale. We recommend you return the Products to us using the original packaging in which you received them.
If you cancel your contract with us in accordance with these Terms of Sale, StriVectin will provide a full refund on the price paid and the original delivery charge (except for any supplementary costs arising if you chose a more expensive type of delivery to our standard service) without undue delay and not later than: (a) 14 days after the day we receive the Products back from you, or (b) if earlier, 14 days after the day you provide evidence that you have returned the Products; or (c) if there were no Products supplied, 14 days after you informed us of your decision to cancel. 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 which would not be permitted in a shop.
Please review our Returns Policy here.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If we fail to comply with our obligations under these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not liable for any 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 our contract with you.
Nothing in these Terms of Sale will limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) 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); (e) defective Products under the Consumer Protection Act 1987; (f) any liability which cannot be excluded or restricted under the Consumer Rights Act 2015; or (c) any other liability that cannot be excluded or limited by law.
We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
9. ENFORCEABILITY AND GOVERNING LAW
Each of the conditions of these Terms of Sale operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms of Sale, no third party is intended to have any right or ability to enforce any of the provisions of these Terms of Sale.
These Terms of Sale shall be governed and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have jurisdiction. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish of English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may refer disputes to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm
The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
You may only purchase Products from our Site if you are at least 18 years old.
We may transfer our rights and obligations under these Terms of Sale to another organisation, but this will not affect your rights or obligations under these Terms of Sale.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of 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.
These Terms of Sale constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms of Sale and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms of Sale.
12. CONTACT DETAILS
StriVectin Operating Company, Inc.
Registered Address: 285 Madison Ave Suite 1200, New York, NY 1001, USA
Company number: 3832093
Please note that the price stated when the user submits their order must be the total price, including any VAT payable.
Model Cancellation Form
If you would like to cancel your order, the simplest method of doing so is by emailing us at email@example.com . Please see our Returns Policy for more information. Alternatively, you can contact us at:
285 Madison Ave, Suite 1200
New York, NY 10017, USA
You want to use the form of wording below (although you do not have to):
I hereby give notice that I cancel my contract if sale of the following products:
[Please provide a brief description of products, and if possible include the order number set out in your confirmation email.]
Ordered on / Received on: [Delete as appropriate, and insert date]
Name of consumer: [Insert your name]
Address of consumer: [Insert your address]