Terms and Conditions
This page (together with our Privacy & Cookies Policy) tells you information about us and the legal terms and conditions (Sale Terms) on which we sell any of the products (Products) listed on our website (site) to you.
These Sale Terms will apply to any contract between us for the sale of Products to you. Please read these Sale Terms carefully and make sure that you understand them, before ordering any Products from our site.
We may amend these Sale Terms from time to time, so would ask that you please check these Sale Terms each time you order from us to ensure you understand the terms which will apply at that time. Please note that before placing an order you will be asked to agree to the current Sale Terms. If you are purchasing Products for your own use or as a gift (rather than for business purposes) you may have additional rights at law, none of which are affected by these terms. You can find details of these rights at www.oft.gov.uk Please click on the button marked "I Accept" during the order process if you accept the Sale Terms. If you refuse to accept these Sale Terms, you will not be able to order any Products from our site. You should print a copy of these Sale Terms for future reference. We will not file a copy of the contract between us
1. General Terms and Conditions
INFORMATION ABOUT US
The website at sttropeztan.co.uk (site) is operated by PZ Cussons Beauty LLP. We are a Limited Liability Partnership registered in England and Wales under company number OC364213 and have our registered address at 14 Upper St. Martin's Lane, Covent Garden, London, WC2H 9FB. Our VAT number is GB 145 2422 92.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order for Products, we will confirm that your order has been accepted by sending an email to the email address you provide on your registration form (Acceptance Email). The Acceptance Email brings into existence a legally binding agreement between us.
Whilst every effort is made to ensure that any amendments requested to orders after they have been placed are carried out, we cannot guarantee this.
PRICING AND AVAILABILITY
We take great care to ensure that prices are accurate, although all prices are subject to change prior to the agreement between us being formed.
It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If you are shopping using the list 'My Account', the prices on your previous order may no longer be valid. However, the correct prices will be applied when you select an item from the shopping list and it is added to your current basket.
All prices include VAT where appropriate.
The images of the Products and packaging on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The Products including the packaging you receive may vary slightly from those images.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is available and we will not process your order if the Product is unavailable.
Promotions that you may see in retailers do not apply to sttropeztan.co.uk and vice versa.
Please allow up to 7 working days for UK mainland, Islands, Scottish Highlands and Northern Ireland.
We are sorry to advise that we are unable to process orders to a P.O Box address.
All orders are processed and delivered on working days only (Monday – Friday, excluding bank holidays).
All orders require a signature upon delivery. If you are not there to sign for your order, our couriers will leave a card for you to call to make alternative arrangements or collect. If you do wish us to place a request that goods are left in a safe place on your property in your absence, please note St. Tropez cannot be held responsible for any loss or damage to these goods.
If we are unable to meet the estimated delivery date because of an event outside our control (including but not limited to strikes, floods, natural disasters, terrorist attacks and failure of public or private telecommunications networks) we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave to us. The Products will be your responsibility from completion of delivery.
NO INTERNATIONAL DELIVERY
Unfortunately, we do not deliver to addresses or accept orders from consumers whose address is outside the UK.
HOW TO PAY
You can pay for Products using a debit card, credit card or Paypal.
All credit and debit card payments will be subject to validation checks and authorisation by the card issuer. Payment will be debited to your account before dispatch of your purchase.
If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
We hope that you love your order. However, if for any reason you are not entirely satisfied, you may return any Product in its original condition for a full refund within 14 calendar days from delivery.
If you have not received your order then please email our returns department here.
You are able to cancel your order for a full automatic refund up until the order has reached the warehouse, which will show in your order history as "In Warehouse Status". If you decide you would like to cancel your order after your order has reached the warehouse then you will have to follow our Refunds & Returns Procedure to get a full refund.
If the Products you receive are damaged or faulty in any way, or not what you originally ordered we will be happy to exchange the items or offer you a refund. Please email our returns department using the procedures outlined in our Refunds & Returns Procedure .
If you have changed your mind and are unable to cancel your order, you will be required to arrange and pay for the return of the items to us, unopened and in their original packaging. Please ensure you obtain a Proof of Postage when you return the Products to us. You should retain your Proof of Postage in order to provide proof to us that you have returned the Products, in the unlikely event that we do not receive the returned parcel.
We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which we received the returned Products.
We will refund you on the credit card or debit card that you used to pay for your order.
Unless you are purchasing Products for your business via our authorised distribution partners (see sttropeztan.co.uk/professional for more information on becoming a stockist), we only supply the Products for individual and private use. With the exception of Professional Products, you agree not to use the Products you have ordered for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Sale Terms that is caused by an event outside our control (including but not limited to strikes, floods, natural disasters, terrorist attacks and failure of public or private telecommunications networks).
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by 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); and
(e) defective products under the Consumer Protection Act 1987.
COMMUNICATIONS BETWEEN US
If you wish to contact us in writing (which includes email), or if any clause in these Sale Terms requires you to give us notice in writing, you can send this to us by e-mail for queries or notices relating to Products at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Sales Terms to another organisation, but this will not affect your rights or our obligations under these Sale Terms.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Sale Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Sale Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived 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 Sale Terms are governed by English law. This means the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. By agreeing to these terms you agree that disputes can be settled in the courts of England and Wales or by any other competent court.
Last modified: 24th October 2013
www.sttropeztan.co.uk (site), is operated by PZ Cussons Beauty LLP (PZ Cussons Beauty, we, us or our, as appropriate) . We are a limited company, registered in England and Wales under company number OC364213 and have our registered address at 14 Upper St. Martin's Lane, Covent Garden, London, WC2H 9FB. Our VAT number is GB 145 2422 92 .
Sometimes additional terms or product requirements (including age requirements) may apply to services or competitions offered through this site. If you use these services or enter any of these competitions, any additional terms will become part of your agreement with us.
We may modify these terms or any additional terms that apply to services or products, at any time. You should look at the terms regularly. We will post notice of any modifications to these terms on this page and for additional terms, in the applicable document setting out those terms. Changes will become effective from the date and time such revised terms have been posted on the site. If you do not agree to the modified terms, you should discontinue your use of our site.
USING OUR SITE
You may not use our site:
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our submission standards;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
We are constantly changing and improving our site. We may add or remove functionalities or features and we may suspend or stop the site altogether, or parts of it, at any time. We may also stop providing the site or parts of it to you or add or create new limits to our site at any time. We do not guarantee that our site will be compatible with all or any hardware and software which you may use. Our site or part of it may be unavailable or inaccessible at any time, for any period.
Whist we endeavour to ensure that our site is secure and free of viruses and other malicious or technologically harmful material, we cannot guarantee that it is. We strongly advise you to protect your computer with regularly updated anti-virus and firewall software and to log-out completely when you finish using our site on a shared computer.
We may suspend or stop providing our site to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. You can stop using our site at any time. You may commit a criminal offence under the Computer Misuse Act 1990 by your failure to comply with the terms in this section. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities, including by disclosing your identity to them.
If you register on our site, you will be provided with or otherwise choose a user name, password or other security information (log-on details) and a registered account. You must keep your log-on details secret and not share them or allow them to be used by anyone else.
We may monitor your account and log-on details to check for unauthorised use, but do not accept any obligation to do so.
We may disable your account at any time and without notice if:
• we know or suspect that your account is being used:
• by anyone else; or
• otherwise not in accordance with these terms and conditions; or
• we know or suspect the security of our site is under threat.
We may also issue you with a replacement account or log-on details at any time, for any reason.
If you think someone else knows your log-on details, let us know and we will close your account as quickly as possible.
If any of your details change, let us know so that we can keep your account up to date.
CONTENT ON OUR SITE
The information and material contained on our site (content) is given for general information and interest purposes only. Whilst we try our best to update our site regularly to keep it current, any of the content may be out of date at any given time. We may change the content at any time and are under no obligation to update such content.
All content is provided without any representations or warranties of any kind (either implied or express) and is not intended as specific commercial or legal advice. We are not liable for any reliance placed on such content by you. Specifically, PZ Cussons Beauty does not represent or warrant that the site or the content will be accurate, up-to-date, complete or free of defects, including (without limitation) viruses or other harmful elements.
We own or license all intellectual property rights in our site and the content published on it. This includes, but is not limited to: the design; layout; look; appearance; graphics and documents on our site, as well as other content such as articles and other text. Those works are protected by copyright laws and treaties around the world. Using our site does not give you ownership of any intellectual property rights in our site or the content that you access. These terms do not grant you the right to use any branding or logos used on our site. Do not remove, obscure or alter any legal notices displayed in or along with our site.
You may print off one copy, and may download extracts, of any page(s) from our site for your own personal reference. You may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must always acknowledge us or any identified contributors as the author of material from our site. You must not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the content or any part thereof on our site.
COMMUNITY AREAS AND SUBMISSION STANDARDS
We may from time to time provide interactive services on our site, including, without limitation:
• Chat rooms/discussion boards; and
• Bulletin boards for reviews or suggestions (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We shall not be deemed to have endorsed or approved any material that we do not remove, and we shall not be responsible or liable for any materials that are posted or uploaded to our site by you or any other user.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
In using our interactive services or otherwise uploading content to the site (submission), you:
• warrant that you are at least 18 years of age or, if you are under 18, that you are at least 16 years of age and have consent from your parent or guardian to make submissions;
• will ensure that your submissions are accurate (where they state facts), genuinely held (where they state opinions) and comply with applicable laws in the UK and in any country from which they are posted;
• will not use a false email address or other false details, impersonate any other person company or organisation, misrepresent your identity, or claim or imply any affiliation or endorsement that does not in fact exist;
• will not use our site for spamming, denial of service, spread of viruses or for any other computer misuse of unauthorised communication;
• will not post or contribute any submissions for commercial or business purposes. Amongst other things this means that you will not post contribute or upload adverts or commercial or money-making material on our sites.
Any submissions or post made by you on the site must not:
• contain any material which is defamatory of any person or is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or illegal activity;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case;
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
By making posts or contributions on our site you also agree that:
• your submission is non-confidential and non-proprietary and you are entitled to post or contribute it;
• you warrant that you are the original owner;
• we and our associated companies shall have the perpetual, non-exclusive, royalty-free, world-wide, sub-licensable right to publish, use, copy, adapt, distribute, disclose and create derivative works of your submission, to display your submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world;
• we may identify you as the source of the submission if we choose (but are not obliged to do so) and you irrevocably waive your right to be identified as the author of your submission and your right to object to derogatory treatment of it;
• you will execute such documents and do such things as are necessary to give effect to this section.
We may disclose your identity to law enforcement authorities and to any person who is claiming that material posted or uploaded by you is defamatory or constitutes a violation of their intellectual property, confidential information, privacy or other rights.
You agree to reimburse us in full for any loss, liability, damage, cost or expense that we suffer or incur as a result of your posting or contributing any submission in breach of these terms.
You retain all ownership rights in any submission you may make.
PRIVACY & COOKIES
We collect, use and process personal data and other information about your use of our site in accordance with our Privacy & Cookies Policy .
By using our site, you consent to such collection, use and processing and you warrant that all data provided by you is accurate.
COMPETITIONS AND PROMOTIONS
If you enter competitions or other promotions run by us through this site, these will be subject to separate terms and conditions which will be available with the relevant competition or promotion.
We provide our site using a commercially reasonable level of skill but there are certain things that we do not promise about our site.
To the fullest extent permitted by law we exclude all liability for any liability, costs, loses or damages (including without limitation, financial loss, loss of profit, revenue or business) you may suffer or incur arising out of or in connection with the availability or unavailability of the site, your access and use of the site or reliance upon the content or your content. In all cases, PZ Cussons Beauty and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
YOUR FAILURE TO COMPLY WITH THESE TERMS
You agree to indemnify, defend and hold us and our associated group companies harmless from any liability, loss, claim or expense (including reasonable legal fees) related to your breach of these terms and any submission you provide.
We may refer or link to other websites and resources which are provided by third parties. These links and resources are provided for your information only. We have no control over the content of those websites or resources and are not responsible for them or any loss or damage that may arise from your use of them.
BUSINESS USE OF THE SITE
If you are using our site on behalf of a business, that business accepts these terms. It will hold harmless and indemnify PZ Cussons Beauty and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the site or violation of these terms, including but not limited to any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
ABOUT THESE TERMS
If there is any inconsistency between these terms and any additional terms, the additional terms will prevail to the extent of the inconsistency.
These terms govern the relationship between PZ Cussons Beauty and you. They do not create any third party beneficiary rights.
If you do not comply with these terms and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If a particular term is not enforceable, this will not affect any other terms.
GOVERNING LAW AND JURISDICTION
By agreeing to these terms you agree that disputes can be settled in the courts of England and Wales or by any other competent court.