Last updated: January 15, 2022
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
AGREEMENT TO TERMS
- These Terms and Conditions will apply to the purchase of the goods (Goods) detailed on our website https://www.sebcosmetics.com (the “Site”) by the buyer (you or Customer) from SEBCosmetics Ltd a company registered in England and Wales under number 12819410 whose registered office is at 39 The Orchard, Virginia Water, Surrey GU25 4DT (we or us or Supplier).
- These Terms and Conditions will be deemed to have been accepted by you when you accept them on our website on the date of order of the Goods and will constitute the entire agreement (the “Contract”) between us and you. Please read these carefully before accessing or using our site.
- These Terms and Conditions apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. These Terms & Conditions and any policies or operating rules posted on this Site constitutes the entire agreement and understanding between you and us and govern your use of this Site.
- Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
- Our online store is hosted by WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- We reserve the right to update, update or replace any part of these terms and conditions at any time, you can review the most current version of our Terms & Conditions at any time on our website, it is your responsibility to periodically check these Terms and Conditions and for any changes.
- If you do not agree with all of these terms of service, then you are expressly prohibited from using the site and you must discontinue use immediately.
- The information provided on our website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extend of local laws are applicable.
- The Site is intended for users who are at least 13 years of age.
INTELLECUTUAL PROPERTY RIGHTS
- The Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”), are owned by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purposes whatsoever, without our prior written permission.
- Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
- Words imparting the singular number include the plural and vice – versa.
- By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms & Conditions; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of the account and password. We reserve the right to remove, claim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- You may not access or use this Site for any other purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of the Site you agree not to:
- Systematically retrieve data or other content from the Site to create, compile, directly or indirectly, a collection, a compilation, database, or directory without written permission from us;
- Trick, defraud, or mislead us and other users, especially in an attempt to learn sensitive account information such as user passwords;
- Circumvent, disable or otherwise interfere with security related features of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site an/or the Content contained therein;
- Disparage, tarnish, or otherwise harm in our opinion, us and/or the Site;
- Use any of the information obtained from the Site in order to harass, abuse or harm another person;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use the Site in a manner inconsistent with any applicable laws or regulations;
- Engage in unauthorized framing or linking to the Site;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan Horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site;
- Engage in the automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- Delete the copyright or other proprietary rights notice from any Content;
- Attempt to impersonate another user or person or use the username of another user;
- Make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;
- Copy or adapt the Site’s software;
- Sell or otherwise transfer your profile; and
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
- The Site may invite you to contribute to, or participate in blogs, message boards, online forums, questions, comments, suggestions, ideas, feedback and any other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively “Contributions”). Contributions may be viewable by other users of the Site and through third party websites. Contributions you submit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions
- We will not be responsible, or liable to any third party for the content or accuracy of the materials posted by you or any other user of our site;
- We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy (“AUP”); and
- We have the right to use, copy distribute and disclose any of the content you upload to third parties. If any third party claims that any material posted or uploaded by you to the Site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
GUIDELINES FOR REVIEWS
- We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria;
- You should have firsthand experience with the product reviewed;
- Your review should not contain offensive profanity, or abusive, racist, or hate language;
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability;
- Your reviews should not contain references to illegal activity;
- You should not be affiliated with competitors if posting negative reviews;
- You should not make any conclusions as to the legality of conduct;
- You must not post any false or any misleading statements; and
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
- We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current or free, of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
- All products are subject to availability.
- We reserve the right to discontinue any product at any time for any reason.
- The price (Price) of the Goods is set out on our website current at the date of your order.
- If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, altering of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
- Prices for all products are subject to change.
- You may be entitled to discounts. Any and all discounts will be at our discretion.
- The Price is exclusive of fees for packaging and transportation/ delivery.
- The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority. We are not VAT registered.
CANCELLATION AND ALTERATION
- Details of the Goods as described in the clause above (Goods) and set out on our website are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
- Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the order.
- We reserve the right to change, modify, or remove the contents of the Site at any time for any reason at our sole discretion without notice.
- We also reserve the right to modify or discontinue all or part of the Site’s offerings without notice at any time.
- We will not be liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the Site.
PURCHASES AND PAYMENT
- We accept the following forms of payment: Paypal
- You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email addresses.
- All payments shall be made in Great British Pound (“GBP”).
- You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
- We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased by a person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
- You must inspect the Goods on delivery.
- If you identify any damages or shortages, you must inform us in writing within 1 day of delivery, providing details.
- Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection. Please contact us so we can discuss this with you.
- Due to hygiene reasons we cannot refund any of our skincare products. If you receive a faulty product please contact us via the contact form on the Site so we can discuss this with you.
- We do not provide refunds on digital products.
- We will arrange for the delivery of the Goods to the address specified in the order.
- If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
- Store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
- Make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and / or
- After 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
- Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in the delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that a relevant to the supply of the Goods.
RISK AND TITLE
- You must not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and or keep the Goods in a satisfactory condition as outlined by any instructions on the goods packaging.
- The Goods must not be resold to a third party, or irreversibly incorporated into another product.
- You agree to indemnify, defend, and hold us harmless, including our subsidiaries, affiliates and all of our officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms & Conditions; (4) any breach of your representations and warranties set forth in these Terms & Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
- We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
- We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
TERM AND TERMINATION
- These Terms & Conditions shall remain in full force and effect whilst you use our Site.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
- We can terminate the sale of Goods where:
- You commit a material breach if your obligations under these Terms and Conditions;
- You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
- You enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
- You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator, or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para 14. of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs for the granting of an administration order, or any proceedings are commenced to relating to you insolvency or possible insolvency.
LIMITATION OF LIABILITY
- In no event will we or our Directors, Employees, or Agents be liable to you or any third party for any injury, loss, claim, or any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from the use of any products or use of the Site, or for any other claim related in any way to your use of the service or any products procured using the Site even if we have been advised of the possibility of such damages, notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
- Our liability under the Contract, and in the breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
- Subject to the clauses above on Return/Refunds and Risk and Title, the warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
- If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
- Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
- We will not be liable (whether caused by employees, agents, or otherwise) in connection with the Goods, for;
- Any indirect, special or consequential loss, damage, costs or expenses; and / or
- Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss or reputation or goodwill; business interruption; or, other third party claims; and / or
- Any failure to perform any of our obligations is such delay or failure is due to any cause beyond our reasonable controls; and / or
- Any losses incurred directly or indirectly by any failure or breach by you in relation to your obligations; and / or
- Any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
- The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
- Visiting the Site, sending us emails and completing online forms constitute electronic communications.
- You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
- You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, polices and records of transactions initiated or completed by us via the Site.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of the employees of the Buyer.
- The parties agree that where such processing of personal data takes place, the Buyer shall be the ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended, and/or re-enacted from time to time.
- For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
- The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
- The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors, or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
- The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Furthermore information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found on the Seller’s website. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org
THIRD PARTY WEBSITES AND CONTENTS
- Our Service may contain links to third-party web sites or services that are not owned or controlled by SEB Cosmetics.
- SEB Cosmetics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that SEB Cosmetics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
- Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such clauses include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, pandemics or any other event that is beyond the control of the party in question.
- No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remained of these Terms and Conditions (which will remain valid and enforceable).
- We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
- If any provision or part of a provision of these Terms and Conditions is determined to unlawful, void, or enforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
- You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
LAW AND JURISDICTION
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
- In order to respond to any queries or complaints regarding the Site or these Terms and Conditions please contact us at: email@example.com