TERMS & CONDITIONS
If any of these Terms & Conditions is declared invalid, unlawful or unenforceable to any extent by any court or competent authority, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
We have the right to revise and amend these Terms & Conditions from time to time. You will be subject to the Terms & Conditions in force at the time that you use the site or order Products from Us, unless any change to those policies or these Terms & Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms & Conditions including before we send you the Dispatch Confirmation (where relevant), in which case we have the right to assume that you have accepted the change to the Terms & Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products or Services.
No other person, agent or organisation has the authority to alter or waive any of these Terms & Conditions without the express written consent of Dr Ayanna Knight Ltd.
Failure by us to enforce a right or any provision of these Terms & Conditions or to insist upon strict performance of any of your obligations under any contract between Us or to exercise any of the rights or remedies to which we are entitled under any such Contract, will not result in a waiver of such rights or remedies and will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. A waiver by Us of any default will not constitute a waiver of any subsequent default. No waiver by Us of any of these Terms & Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms & Conditions.
You may not assign or transfer, charge or otherwise dispose of your rights under these Terms & Conditions and any Contract between us without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract between Us, or any of our rights or obligations arising under such a Contract, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract between Us that is caused by events outside our reasonable control (“Force Majeure Event“). Our performance under any such Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
A person who is not party to these Terms & Conditions or the Contract between Us shall not have any rights under or in connection with them under the Rights of Third Parties Act 1999.
These Terms & Conditions (and any document expressly referred to in them) constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of any contract between us. We each acknowledge and agree that: (i) in entering into any such Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms & Conditions or the documents referred to in them; (ii) our only liability in respect of those representations and warranties that are set out in these Terms & Conditions (whether made innocently or negligently) will be for breach of contract; (iii) nothing in this term limits or excludes any liability for fraud.
We and the Customer agree that English law applies to these Terms & Conditions and the Products or Services purchased through www.skinbrighton.co.uk from Dr Ayanna Knight Ltd. Any dispute or claim between us arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. Purchases can be concluded in English only.
Nothing in these Terms & Conditions affects your statutory rights as a consumer.
Price And payment
The price of any Products will be as quoted on our current Price List and Site, except in cases of obvious error. These prices include VAT where required. Delivery costs will be added to the total amount due once the Customer has selected the goods and a delivery service from the available options as set out in Delivery Information. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by cash paid directly to our place of business (cash payments will not be accepted via post) or bank transfer.
By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Dr Ayanna Ltd. contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product’s correct price is different from the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
When ordering Products for delivery outside the UK, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs officer for further information before placing your order. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. We will not be liable for any breach by you of any such laws. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
Any samples supplied to Customers are supplied solely for information and in no way impart any express or implied conditions or warranty as to qualify, description, fitness for purpose or merchantable quality and the Customer shall be deemed to have satisfied themselves as to such matters prior to receiving the goods.
If your order requires a signature and there is no-one to sign for it then Royal Mail will leave a card and the package will be taken to the local collection depot. You can either arrange re-delivery at a more convenient time or collect it yourself, however if it is not collected or re-delivered within 14 days, it will be returned to us. We will treat this as a cancelled order and refund your cost minus our postage and handling costs. We cannot be held responsible if you have not been notified of an attempted delivery and would recommend checking with your local Royal Mail collection depot if you feel you should have received your order.
If your order does not require a signature, Royal Mail may leave your parcel with a neighbour under its delivery to neighbour scheme (http://www.royalmail.com/personal/receiving-mail/delivery-to-neighbour).
We also use other courier services and if an item is undeliverable, re-delivery will be attempted in the first instance or if this is not possible the order will be either sent to a local collection depot or returned to Us.
It is your responsibility to ensure that the delivery address is correct at the time of ordering and we cannot be held accountable for lost or undeliverable items due to incorrect address details. Undeliverable items which include the correct address details will be treated as a cancelled order and we will refund your cost minus our postage and handling costs. We are unable to claim against a loss with Royal Mail in the event of an incorrect address and therefore cannot refund or replace your order in these circumstances.
Dr Ayanna Knight Ltd. cannot be held responsible for any losses as a result of failure to deliver, delays in delivery time, no-one present to accept delivery or incorrect delivery details. We will endeavour to ensure that orders are delivered within the time specified when ordering, however, time for delivery will not be enforceable in these Terms & Conditions and the Customer shall not try and do so by the service of any notice or legal action.
It is your legal right to cancel within 14 working days of receiving your order. In the event of a cancellation, you must notify us by telephone (0845 388 3807) during our normal business hours or by email (firstname.lastname@example.org) and arrange return by a tracked delivery service with signature on receipt. We will only accept returns that are unopened, unused and undamaged and in a condition suitable for re-sale. It is your responsibility to ensure that return packaging is appropriate to prevent damage during transit. Returns must be received by us within 5 working days. Refunds will be processed when the cancelled order has been received and the cost will only be refunded to the billing account used when placing the order and minus postage and handling costs.
The return address is Dr Ayanna Knight Ltd., Gallery 8, 95 Ditchling Road Brighton, BN1 4ST
It is your responsibility to inspect your order on delivery and notify us within 24 hours if any items are damaged or missing. Notification can be by telephone (0845 388 3807) during our normal working hours or via email (email@example.com). We reserve the right to offer a refund or replace the damaged/missing product in accordance with your legal rights. We will not refund or replace any item that has been used by you when the damage could reasonably be detected prior to opening. Any damaged Products must be retained by the Customer along with any packaging as they may be required for inspection by the courier or by Us.
Products that have been delivered incorrectly must be returned un-used and unopened in their original packaging (except to the extent reasonably necessary to examine them). Returns are only accepted if agreed by Us.
Our policy on cancellations, returns and refunds does not affect your statutory legal rights.
Risk and Ownership
Once delivered, the Products ordered become the Customer’s responsibility and, except in relation to Products that are damaged or faulty or have been incorrectly delivered, We will not accept any liability for their loss, damage or destruction after they have been delivered.
Ownership of the Products will only pass to the Customer on delivery or collection of the Products and when We receive full payment of all sums due in respect of the Products including delivery charges where applicable. Until this time, the Customer is only acting as our fiduciary agent and shall not use, re-sell, purposely deface or damage or dispose of the Products, will take appropriate care and storage of the Products and will insure the Products against any losses or loss of value. If the Customer fails to comply with any of these conditions, full payment will become due with immediate effect. Any money or other gains the Customer has made, will be held by the Customer until such time they receive ownership of the Products or Services. If payment is not received by the due date, We reserve the right to request the immediate return of the Products or to enter the Customer’s premises or place of storage to take repossession.
Product and Service Availability
Any advice offered regarding any Product or Service is offered on the basis of any information provided. Advice will be limited to what is the appropriate Product for the user. Dr Ayanna Knight Ltd. does not accept any responsibility for any third party who uses the product on the basis of any recommendation or advice rendered for the user.
We are the owner or the licensee of all intellectual property rights in our Site and all other material published by Dr Ayanna Knight Ltd. No part of the website may be reproduced in any form or by any means without the prior written consent of Us, with the exception that you may print off or electronically copy one copy of any page(s) of our Site for the sole purpose of placing an order with Us. 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. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from Us.
All trademarks are acknowledged as or registered trademarks of their owners. Dr Ayanna Knight Ltd. and www.skinbrighton.co.uk name and logo and all related Product and Service names are the trade names, service marks or trademarks of Us and may not be used without prior written consent.
We shall not be liable to you for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network. Except as expressly provided, We disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill. The aggregate liability for Dr Ayanna Ltd. for whatever cause, including negligence and breach of contract, shall not exceed the cost paid for by the Customer in respect of the loss.
Save as provided below, We will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with your use of Dr Ayanna Knight Ltd. for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits and business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
Notwithstanding any other provision, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
No liability will be accepted by Us where: (i) Products have not been appropriately stored or have been neglected or purposely damaged; (ii) the Customer has not retained the damaged Products for inspection by the courier or returned them to Dr Ayanna Knight where requested; (iii) the Customer has failed to notify Us within 24 hours after receiving the Products; (iv) the Customer has incurred loss or damage, however caused; (v) if the total price has not been paid.
All content of the Site and other documentation is for information purposes only and is not a substitute for professional advice, rather it is designed to support the Customer in helping them decide which Products may be suitable for them. The Customer should ensure that any Products or Services purchased from Dr Ayanna Knight Ltd. are used in an appropriate manner. You should make sure that you carefully read all product packaging and labels prior to use. The Customer agrees to correct storage and usage of Products to ensure no harm arises as a result of their use and to comply with the use by date of Products.
Dr Ayanna Knight Ltd. warrants that all Products and Services provided by Us, will meet the specifications required for that Product or Service including appropriate storage and usage instructions and delivery specifications. It is the responsibility of the Customer to do the same, and no warrant or guarantee can be given by Us in the event that the Customer fails to meet the specifications. We will provide the Customer with all required specifications prior to ordering in order for the Customer to fulfil its obligations. Information provided to the Customer on our Site, in our Price List or by other correspondence regarding dimensions, weights, design and specifications are approximate only and We have no liability in respect of them. Dr Ayanna Knight LTD may make changes in the specifications of Products or Services to comply with health and safety or any other statutory requirements at our discretion, if there is a material change in Products or Services, this will be confirmed with the Customer prior to order confirmation. It is the responsibility of the Customer to ensure Products and Services are used appropriately and are fit for purpose and We accept no liability for this. If Products are used off-license or off-label, this is solely the responsibility of the Customer and Dr Ayanna Knight Ltd. is unable to condone such usage and accepts no responsibility or liability if this occurs.
Any formal legal notices should be sent to:
Dr Ayanna Knight LTD
95 Ditchling Road
Brighton. BN1 4ST
Applicable laws require that some of the information or communications We send to you should be in writing. When using www.skinbrighton.co.uk, you accept that communication with us will be mainly electronic. We may therefore communicate with you by email or provide you with information by posting notices on our Site. For contractual purposes, you consent to receive communications from Us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may give notice to you at either the e-mail or postal address you provide to Us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.