Terms & Conditions

terms & conditions - buycosmetix.com

 

TERMS & CONDITIONS

 

This page provides information about who we are and the legal terms and conditions that may apply to your use of Buycosmetix.com (the “Website”, “us”, “we”, “our”) whether as a registered user or as a guest and any product or service you order from us.

To help you find the information you are looking for, we have divided these Terms and Conditions into 5 sections. These are:

View information about us

A. Information about Buycosmetix.com: You can find out how to get in touch with us or view our registered company details on our Website

View our
Website Terms

B. Website Terms: You can view the legal terms and conditions that apply when you access, browse and use Buycosmetix.com on our Website under relevant sections

View our
General Terms and Conditions of Sale

C. General Terms and Conditions of Sale: You can view the legal terms and conditions that apply to any product or service that you order from Buycosmetix.com on our Website

View our Legal Terms

D. Legal Terms: You can view the legal terms and conditions that apply to these Terms and Conditions clarified on our Website

View our
Privacy and Cookie Policy

E. Privacy and Cookie Policy: You can learn what personal information Buycosmetix.com collects and uses about you when you access, browse and use this Website (including registering with this Website) and see what rights you have to control our use of your personal information on our Privacy Policy section

 

We strongly recommend you to please read these Terms and Conditions and the Privacy and Cookie policy carefully before you start to use the Website. 

 

WEBSITE HELP

 

You may find more useful information as well as our Terms and Conditions, on Help section of our website. Here you will find useful information on our delivery charges, delivery timescales and returns policy, (as well as helpful information relevant to other questions you may have.


PART A: ABOUT BUYCOSMETIX.COM

 

This Website is owned and operated by Buycosmetix.com, trading name of IEE Technology Ltd, a company registered in England and Wales (company registration number 12916849) whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU, United Kingdom.

Unless otherwise stated, we use the terms "we", "us" and “our” to refer to Buycosmetix.com (as applicable) throughout the website terms and conditions, which include the Website Terms, our General Terms and Conditions of Sale, our Legal Terms of Use and our Privacy and Cookie Policy (“Terms and Conditions”).

If you want to ask us anything (whether about our products and services, this Website, any of our Terms and Conditions or otherwise), or delivery, then please contact us.


PART B: WEBSITE TERMS

The Terms and Conditions apply to your use of the Buycosmetix.com website at www.buycosmetix.com (the “Website”) and to any products you purchase from us. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which we make the Website available to you at home and/or on the move. You must read these Terms and Conditions carefully, and we recommend that you download or print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website. 

All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy and Cookie Policy govern your use of this Website. 


YOUR USE OF THIS WEBSITE

 

You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's right or wish to use of this Website.

You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.

 

OWNERSHIP OF RIGHTS

 

All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure and videos, in and to this Website are owned by or licensed to Buycosmetix.com unless otherwise stated. 

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.

By submitting information (other than your personal data), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website. 

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

 

GOODS / PRODUCTS

 

. The description of the goods is as set out on our Website or in other forms of advertisements. Any description is for illustrative purposes only and there may be small discrepancies in the content, size and colour of the goods supplied.

. In the case of any products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

. All products / goods appear on our Website are subject to availability, any discrepancies in our or our supplier’s stock system may cause your order being cancelled and Buycosmetix.com has the right not to fulfil any orders placed on this Website.

. We can make changes to the products / goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes when applicable.

 

PERSONAL INFORMATION

 

We retain and use any personal information strictly as per our Privacy Policy guidelines. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this unless otherwise you opt out of this service.

 

SALE OF PRODUCTS

 

. The description of the goods in our website does not constitute a contractual offer to sell the goods. When an order has been paid for and submitted on the Website, Buycosmetix.com has the right to reject and can reject it for any reason, although we will try to tell you the reason.

. The order process is set out on the Website. Each step allows you to check and amend any errors before paying, completing and submitting your order. It is your responsibility to check that you have used the ordering process correctly and entered the correct information. In case of an error, please contact us within 60 minutes and we will try and ensure the order is not processed any further and cancelled if not amended as per your instructions.

. A contract will be formed for the sale of goods / products ordered when you receive the order completed message at the end of the payment process and you receive an order confirmation email after the successful completion of the order. You must ensure that the order confirmation is complete and accurate and inform us of any errors immediately. We are not responsible for any inaccuracies in the order placed by you. By placing an order (when order is paid and confirmed by us) you agree to us giving you confirmation of the contract by means of an email with all information in it. You will receive the order confirmation email within a reasonable time after completing the order (making it a contract between us and you), but in any event not later than the delivery of any goods / products supplied under this contract.

. Any quotation or price you see on this Website is subject to change and Buycosmetix.com has the right to amend prices for goods and services, change the content as appropriate and/or withdraw the offer of any of the products at any time.

. No variation of the contract, whether it is about the description of the product(s), fees or otherwise, can be made after you agree to the terms and conditions of this Website and proceed to pay for the product and go into a contract with us unless the variation is agreed by the customer and Buycosmetix.com in writing.

. We intent that these Terms and Conditions apply only to a contract entered into by you as our customer. If this is not the case, you must tell us immediately. Unless otherwise stated by our customers, you would be agreeing to the contract once you complete the payment and receive a confirmation email about your order (making this a contract between you and us).


SUBMISSIONS

 

Please read carefully and understand the below before posting a product review or any other user generated content on our Website or social media sites.

 

Ownership of Submissions

 

Other than personal data (which is subject to our Privacy and Cookie Policy) you hereby grant us a non-exclusive license to use in whatever form (copy and publish) the rights to all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Buycosmetix.com on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) once submitted. You must comply with the content standards set out in these Website Terms of Use. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. 

 

Social networking channels

 

These Website Terms also govern any Submissions you make on any Buycosmetix.com related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Buycosmetix.com or its employees and we are not responsible for any such content. In any event, all material posted on any third party social networking sites must comply with these Website Terms and the third party social networking sites’ Terms of Use, as applicable.

 

Intellectual Property Rights

 

A disclosure, Submission or offer of any Submissions and your agreement to these Website Terms shall constitute a perpetual, irrevocable and non-exclusive license to Buycosmetix.com of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Buycosmetix.com related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on Buycosmetix.com pages of third party social networking sites are not the responsibility of, or endorsed by us. All rights, including copyright on our Website pages are owned by or licensed to Buycosmetix.com. Any use of any Buycosmetix.com social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Buycosmetix.com. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trademarks, intellectual property rights or any other rights of others. 

 

Confidentiality

 

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Buycosmetix.com related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below. 

 

Rules for Submissions

 

You must be 18 years of age or older and registered to post a Submission. Suppliers or manufacturers are not eligible to post a Submission.

Please be polite and only write in English. If you require an immediate response from us or have a comment about our service, please contact us directly for a quicker response.

 

Submissions should not include:

  • abusive, offensive or otherwise inappropriate language;
  • profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
  • comments about other reviewers or bloggers
  • remarks that repeat criminal accusations, false, defamatory or misleading statements
  • material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
  • spam or advertising
  • third party brand names or trade marks
  • HTML code, computer script or website URLs
  • availability, price, promotions or alternative ordering or delivery information
  • information about Buycosmetix.com suppliers or manufacturers
  • an unsupported claim about the product producing an effect other than that for which it is indicated
  • references to seasonal products which are no longer in season
  • references to any products other than the product to which the Submission relates.

Buycosmetix.com, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which do not comply with the rules above.

Please let us know if you see any Submissions which do not comply with our rules.

 

Accuracy of content

To the extent permitted by applicable law, Buycosmetix.com disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.

 

The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Buycosmetix.com.

Damage to your computer or other device 

 

Buycosmetix.com uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Buycosmetix.com shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Links to other websites

 

We may have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Buycosmetix.com cannot accept any liability in respect of the use of these websites. Such links should not be interpreted as endorsement by us of those linked websites.  

PART C: GENERAL TERMS AND CONDITIONS OF SALE

 

These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through www.buycosmetix.com.

 

ONLINE PURCHASES

 

For all orders placed through the Website, these General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which Buycosmetix.com makes the Website available to you at home or on the move. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website. 

 

Our Refund Policy

 

Our refund policy does not affect your statutory rights under the CRD or other applicable legislation.

Our refund or exchange policy (where there is no statutory right to a refund or exchange under the CRD or otherwise) is offered on products when goods are returned in original resalable condition with a valid receipt within 30 days of purchase, excluding sale items. For a refund under our policy, items must be unused, returned in the original packaging and in a re-saleable condition. 

 

Sale policy

 

Our refund or exchange policy for products purchased on our Website will be made clear to you on our website.

 

Exclusions from the policy

 

The following items are excluded from our returns policy:

Beauty*, toiletries*, cosmetics*, Perfumes*, Hair care accessories* and personalised items and any products with a seal where the seal is broken. These products can only be returned in accordance with your statutory rights (for example, if they are not fit for purpose or not as described – these reasons must be clarified to us in writing). If we feel that your statutory rights are being abused to return an item bought by mistake, Buycosmetix.com will have the right to refuse to refund the full amount you paid to purchase. Up to 35% of the cost of your item can be deducted due to devaluation of the product you are returning. This will also be applicable if the product returned is not in the original condition to re-sell and Buycosmetix.com has the right to deduct 35% of the full amount paid for the product to compensate for the loss.

 

*Please note that these products can only be returned under our policy if they are unopened and have the security seal intact.

 

OPENING AN ACCOUNT AND PLACING AN ORDER

 

You may place an order as a guest or open an account with us (“Your Account”) which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.

Please see our Privacy and Cookie Policy for more information on what personal information and how that personal information will be used and stored.  

You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.

When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account’s security. It is your responsibility to maintain the confidentiality of your password and account information. We strongly suggest that you change your password regularly and do not disclose this to anybody. Buycosmetix.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us immediately. If we are suspicious of any fraudulent activity coming from your account, we will reserve the right to refuse you access to your account and can delete the account.

When you order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. We will not store the details that you provide via guest checkout (save for processing your order, of if you have opted in to receive marketing from us). However, you can choose to register an account with us after submitting your order. Please see our Privacy and Cookie Policy to see how your personal information will be used and stored. 

 

ACCEPTANCE OF YOUR ORDER

 

Please note that paying for your product in the shopping basket online and completing the order on our Website does not mean our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch of the product(s), Buycosmetix.com has the right to decline an order for any reason, including legal and regulatory reasons.

Technically the duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.

If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Buycosmetix.com has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Buycosmetix.com shall not incur any liability in such circumstances. 

 

PRICING

The price of the products(s) and any additional delivery charges are set out on our Website. All product prices are displayed in US Dollars (USD / $) by default and are inclusive of the current rate of applicable taxes due in the country of delivery, unless expressly indicated otherwise, and do not include the additional cost of any delivery. Any additional taxes and/or state taxes applicable on the order will be made available during the checkout. Customers wishing to pay using other currencies may choose one of the available currencies and make the payment as appropriate.

 

PAYMENT

 

Payment is taken by IEE Technology Ltd on behalf of Buycosmetix.com. You may pay by debit card, credit card or another alternative payment method specified during the checkout process. Buycosmetix.com may change the payment methods at any time but this will not affect any existing order. The availability of a certain payment method may depend on your geographical location.

During the checkout process, you will be asked to enter your payment details. If you place an order on our Website, then you acknowledge and agree that: (i) we will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that we may use tools, software or services of payment processors (payment gateway) to process transactions on your behalf; and (iv) if your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that we reasonably prescribe. In the case of failure to process the payment Buycosmetix.com has the right to cancel the order and inform you via email.

Please note that we will not collect and store your information payment information, we work with payment gateway service providers who meet the industry standards using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy.

All card payments are subject to authorisation by your card issuer. Buycosmetix.com will take payment at the same time as you place your order. 

All products ordered will remain the property of Buycosmetix.com until we have delivered the products to the address specified by you or they have been collected in store. If your payment is not received and you have already received the products you ordered from us, you must pay for the purchase or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

 

DELIVERY

 

Charges

 

Delivery charges and timescales are as set out on our Website. Delivery timescales may vary depending on product type but this will usually be between 3-10 business days. We have a set delivery price for all our products however the price of the delivery can vary depending on the number, size and weight of products. You’ll find full details of our delivery charges here.

Further details of the terms and conditions will be provided on the Website, which will be updated when necessary. 

 

Delivery

 

We will deliver the products and orders to the delivery address that you have provided in your online order form within the agreed period or, in any event, not more than 30 days. In any case, regardless of events beyond our control, if we are unable to deliver the products you purchased on time, we will be able to reimburse the cost of delivery charges. Buycosmetix.com, as many companies delivering goods to customer’s addresses, use third party couriers and full rely on their service. Once the parcels are passed on to the carriers, Buycosmetix.com will have very limited control over the entire delivery process. We cannot be held responsible if the delivery address is incorrect or incomplete. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Buycosmetix.com reserves the right to deduct the cost for returning products to our returns centre from the customer's refund for the order.

You may have the option to notify us of the delivery to a variety of addresses and to an address that is different from your billing address. Please note that Buycosmetix.com may not deliver to PO boxes, it is recommended that you check before placing the order.

Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. Please see the individual product pages for details. 

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

We do not normally deliver to addresses outside of the United States, however orders to Canada addresses will be shipped with a different delivery charge. Any additional taxes due for the customs will be paid by the customer. If you, or your nominee fail, through no fault of ours, to take the delivery of the goods at the delivery address, we may charge the reasonable costs of storing or redelivering them if applicable. The goods will become your responsibility from the completion of delivery of the goods at the delivery address. You must, if reasonably practicable, examine the goods before accepting them.

Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.

 

Delays

 

Where the supply of your product(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.

 

CHANGES TO YOUR ORDER

 

Any changes required to be made to your order must be notified to us in writing and within 60 minutes of ordering. If you amend or change your order you may find there are changes to your delivery timetable and/or the price you pay for the item (you will be charged the current selling price on the day you amend your order). 


YOUR RIGHT TO CANCEL

 

If you are contracting with us as a consumer online or phone, you have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state ("CRD")), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods you ordered. This statutory right is separate from our return policy. 

Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address below. Please note that the delivery charge refund will be to the value of standard delivery as shown on our Website.

If you wish to cancel (or are considering cancelling) a product you have ordered from us, please be aware that statutory rights of cancellation under the CRD do not apply to certain products and services (for example, made to measure orders, flowers, plants, fruit baskets, lingerie (for hygiene reasons), food, gifts and personalised items) or any products with a hygiene seal where the seal is broken.  

 

Your rights on cancelling an order

 

To cancel your order, you must inform us of your decision to cancel the contract in writing within 14 days after the day on which you received the delivery of your order (or first part of your order). The cancellation period will expire after 14 days from the day on which you acquire, or a third party on your behalf, other than the carrier indicated by you acquires the physical possession of the parcel containing your order.

You must take reasonable care of the goods while in your possession. You shall send back any goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to us. In the case of large orders, collection arrangements must be made promptly at your own cost.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement and the reasons for the cancellation and return in writing (preferably via email) for our records. It is not obligatory to fill in any form and you may simply follow the return procedures set out on our Website. In any event, you must be able to show clear evidence of when the cancellation was made and the reason of this cancellation is made clear.

Products should be returned in or with their original packaging (in acceptable condition to be re-sellable). You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the products. You must return the goods to the specified return address.

Once the returned parcel is received, we will process your refund within 14 days of receipt of the products. This is because we need to inspect the product, approve for the refund and finally process the refund via our payment gateway which would take at least 5 working days for the funds to be returned to the original payment method. In some cases, this can take longer and for this reason we keep the refund timescales up to 14 days to avoid further disappointment.

Except as set out in this Terms & Conditions, if you cancel this contract, we will reimburse the full amount you paid (including the delivery charges) to you except if you asked us to arrange the return postage on your behalf (which will be deducted from the total amount refundable before the refund is processed.

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (ie handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods; eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for the loss and, if that deduction is not made, you must pay us the amount of that loss.

Where we deliver products to a third party (freight forwarder etc.) in accordance with your order, you will only be able to proceed with the cancellation right if you can return the goods to us (or arrange for us to collect them at an additional charge – if the fault is ours upon a thorough inspection we have the right to accept to offer a free of charge collection service). 

For further details about understanding and proceeding with cancellation rights, please visit the Returns and Refunds section of the Help pages to this Website. Nothing in these General Terms and Conditions of Sale will affect your statutory rights.

RETURNING GOODS

 

If you have received the goods in connection with the order you have cancelled, you must send back the goods without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this order. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the costs of returning the goods in its original condition and in its original packaging (or with it if it was damaged for any reason whilst in transit).

For the purposes of these cancellation rights, these words have the following meanings:

  1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use if one or more means of distance communication up to and including the time at which the contract is concluded;
  2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays the price, including any contract that has both goods and services as its object.

Our refund policy does not affect your statutory rights under the CRD or other applicable legislation. 

Buycosmetix.com has the right to accept returns of goods under exceptional conditions with a goodwill gesture (where there is no legal right to a refund or exchange under the CRD or otherwise) and is offered on clothing and homeware when goods are returned in a resalable condition with a valid parcel summary document within 30 days of receipt, excluding sale items. For a refund under our goodwill return policy, items must be unused, returned in the original packaging and in a re-saleable condition.

If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded or reliable traceable delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. 

 

Sale policy

 

For sale items purchased via our Website, we will be happy to either refund or exchange an item if you change your mind within 14 days of receipt.

 

Goods excluded from the return policy

 

The following items are excluded from our returns policy:

Beauty*, toiletries*, cosmetics*, Perfumes*, Hair care accessories* and personalised items and any products with a seal where the seal is broken. These products can only be returned in accordance with your statutory rights (for example, if they are not fit for purpose or not as described – these reasons must be clarified to us in writing). If we feel that your statutory rights are being abused to return an item bought by mistake, Buycosmetix.com will have the right to refuse to refund the full amount you paid to purchase. Up to 35% of the cost of your item can be deducted due to devaluation of the product you are returning. This will also be applicable if the product returned is not in the original condition to re-sell and Buycosmetix.com has the right to deduct 35% of the full amount paid for the product to compensate for the loss.

 

*Please note that these products can only be returned under our policy if they are unopened and have the security seal intact.

 

Damaged or incorrectly supplied products

 

You must always check all products you receive to make sure all is as described in your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by email) within a reasonable period of time (within 7 days). You must return the damaged or incorrectly supplied products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. If the delivery is completed partly and your order is missing, you must contact us immediately so that our team can act upon to resolve this matter as soon as possible.

We may offer you a replacement product and any refunds given by us will be made to the original payment method provided at the time when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.

 

CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY

 

In the event of any failure by a party due to a reason beyond their reasonable control the responsible party will inform the other party in writing as soon as possible clarifying the reasons in details. The parties will act reasonably and responsibly. The seller will not be liable for the delivery firm’s failure however upon through investigation we will make a fair decision to send a replacement or cancel the order and issue full refund if we believe it was the fault of our carrier and we can compensate the loss with them.

 

YOUR STATUTORY RIGHTS

 

We will always approach our customers with a goodwill gesture and with a positive attitude to resolve any issues, as well as our willingness to help our customers they also have statutory rights. In addition to the cancellation rights noted within this contract, these include that the goods our customers purchase are of satisfactory quality, fit for purpose and as described. Within 30 days of the delivery, you may exercise the right to a refund if the product purchased is not of satisfactory quality, fit for purpose or as described.

PRODUCT AND SERVICE DESCRIPTIONS

We take reasonable precautions to try to ensure that prices displayed on our Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

  •  orders paid by you will only be accepted if there are no errors in the description of the products or their prices as advertised on this Website;
  • all prices are displayed in your local currency and local tax where applicable unless expressly indicated otherwise; 
  • packaging may vary from that shown on the Website;
  • the specification such as weights, dimensions and capacities shown on the Website are approximate only; 
  • whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery; and 
  • all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value based on the situation. 

 

COMPLAINTS

 

If you have a complaint about customer service you received, you are best to raise the complaint during working hours of the week by speaking to a manager who can deal with it appropriately. You can ask any member team who will be happy to escalate the problem to a relevant manager. 

If your complaint is about a product, our Website or anything else, please use our customer service contact instructions on our Website, available on the contact us page of our Website. 

In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/odr.  If you decide to use this service, please use the following Buycosmetix.com email address when completing the form info@buycosmetix.com.

 

PART D: PRIVACY AND COOKIE POLICY

Our Privacy and Cookie Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy and Cookie Policy here. Please note that when you agree to these Terms and Conditions you shall be deemed also to have read and understood our Privacy and Cookie Policy in its entirety. 

 

PART E: LEGAL TERMS

 

LEGAL COMPLIANCE

 

You agree that you will not use, sell or supply any product(s) purchased from Buycosmetix.com in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.

 

LIABILITY

There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence or fraud.

You have certain rights as a consumer, including statutory rights relating to faulty or incorrectly described goods. Your statutory rights would be applicable when you order from us. Nothing in these General Terms and Conditions will affect your statutory rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill. 

Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair (if possible) or replacement or, where this is not possible, for a refund. We are not the manufacturers of most of the products displayed on our Website, although we take every precaution to make sure they are all as described, there may still be faulty products beyond our control and we would be happy to discuss this with the manufacturers and resolve any disputes as best as possible. If we are unable to reach a conclusion, we would still execute our goodwill gesture to keep our customers happy. If we believe the issue to be suspicious we have the right to investigate this together with our manufacturers and delivery couriers in order to gather all evidence before we make a decision on certain cases.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. 

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice. 

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

 

Exclusions of liability

 

Except as expressly provided in these Terms and Conditions, we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website. 

These exclusions shall be governed by and construed in accordance with English law, subject to other mandatory laws which cannot be excluded in the country where you are resident. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. 

Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or fraud. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law. 

Other legal notices

 

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website. 

Assignment and third party rights

You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of the contract and also for the performance by the third party. 

Only you and Buycosmetix.com shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or the applicable local legislation. 

Waiver

 

No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. 

Severability

 

If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect. 

Entire Agreement

 

These Terms and Conditions and any document expressly referred to in them set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. 

Law, jurisdiction and language

 

Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website) as per this contract (including any non-contractual matters) shall be governed by the laws of England and Wales. We strongly suggest that our customers resolve the disputes by cooperating with our dedicated staff. However, any disputes which could not be resolved by cooperation can be submitted to the online dispute resolution platforms or submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. We try to avoid any sort of disputes and our team is always ready to assist our customers in the best possible way.

If you are a consumer resident in an E.E.A member state, you may still consider to resolve the disputes with our team, consult with the online dispute resolution platforms or finally bring a claim to enforce your consumer rights in connection with the use of this Website before the courts of England and Wales or the courts of your resident country, it being agreed and understood that in no case may this governing law prejudice the level of a consumer’s protection ensured by the laws of your country of residence. All contracts for the purchase and sale of Buycosmetix.com products from the Website shall be concluded in the language of these Terms and Conditions. 

 

Changes to these Terms and Conditions

 

We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the most updated Terms and Conditions that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any of the parts described and clarified within this contract.

 

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