ACCEPTABLE USE POLICY
This acceptable use policy (hereafter, the Acceptable Use Policy) has been created by SKINDAYS, and applies to You, a customer or visitor on SKINDAYS’s Marketplace.
- SKINDAYS operates a specialist marketplace for the provision of skincare, beauty and wellness products (the Marketplace) available at: www.skindays.com and any other sales channels as decided by SKINDAYS from time to time. The Marketplace brings together consumers (hereafter, Customers, You, or you) and retailers of skincare and beauty products (the Products) who are registered to sell on the Marketplace (the Brands), in order to allow You to purchase from Brands through the Marketplace (Order).
- This Acceptable Use Policy defines the conditions under which SKINDAYS makes available the Marketplace and its logistics and platform services to You in order to allow You to purchase Products from Brands.
- SKINDAYS is not the owner or seller of the Products, and the legal contract for sale of the Products shall at all times remain between the Brands and You. SKINDAYS is not a party to such sales contract. However, SKINDAYS has been authorised by the respective Brands on the Marketplace to facilitate the conclusion of contracts for sale between You and each Brand, on each Brand’s behalf.
- This Acceptable Use Policy governs your use of the Marketplace and the sale and purchase of Products between the Customers (You) and the Brands through the Marketplace.This Acceptable Use Policy shall be deemed to be accepted by You when you visit the Marketplace or otherwise at the time of creation of your account on the Marketplace, and each time You purchase Product(s) through the Marketplace.
- This Acceptable Use Policy shall be deemed to be accepted by You when you visit the Marketplace or otherwise at the time of creation of your account on the Marketplace, and each time You purchase Product(s) through the Marketplace.
Scope of Application
- This Acceptable Use Policy applies without restriction or limitation to the use by You of the Marketplace and its logistics and platform services made available to the You by SKINDAYS. The Marketplace allows You to (i) create an account on the Marketplace or use the Marketplace as a “guest”; (ii) order Products; (iII) pay for Products; (iv) confirm receipt of Orders and request post-Order customer service support (where necessary), and (v) communicate with SKINDAYS, where necessary.
- Sales made through the Marketplace are exclusively concluded between You and the Brands. SKINDAYS is not, and shall not, be deemed to be a party to this contract for sale.
- In the case of a conflict between the provisions of this Acceptable Use Policy, and any other contract or policy, whether or not SKINDAYS is a party to this contract or is the author of such policy, the provisions of this Acceptable Use Policy shall prevail. In the case of a conflict between the provisions of this Acceptable Use Policy, and SKINDAYS’s Customer Terms and Conditions, the latter shall prevail.
- This Acceptable Use Policy can be changed by SKINDAYS at any time, and without the need for prior approval by Customers. Any updates to this Acceptable Use Policy shall be published on the Marketplace.
- This Acceptable Use Policy was created on August 28th and last updated on September 1st.
Services offered via the Marketplace
- You must declare and acknowledge that you are acting in a private capacity for non-business purposes when using the Marketplace.
- The use of the Marketplace is free of charge for Customers and without any obligation to purchase. Only the purchase of Products from Brands is subject to a fee, according to the Customer Terms and Conditions, which You must accept when placing an Order through the Marketplace.
- You can purchase Products on the Marketplace either by creating an account or checking out as a guest. Where an account is created, You will be given strictly confidential and personal login details and password(s). You will have the opportunity to change your password at any time after the creation of your account.
- You agree to keep any login details and password(s) confidential and not to disclose them to anyone. You are solely responsible for the use of these login details and password(s) and subsequent access to the Marketplace, unless there is evidence of fraudulent use that cannot be imputed to You.
- SKINDAYS must be notified immediately in writing of any misuse of these login details and password(s) of which You are aware.
- If You do not comply with the provisions of this Acceptable Use Policy, SKINDAYS reserves the right to temporarily or permanently suspend or terminate your access to the Marketplace without notice or compensation.
Prohibited uses of the Marketplace
- You may use the Marketplace for lawful purposes and for the purposes described above in Section 2.1. You may not use the Marketplace:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to bully, insult, intimidate or humiliate any person;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards expected of a marketplace of the caliber and type of the Marketplace;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
- 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.
- When using the Marketplace, You also agree not to reproduce, duplicate, copy or re-sell any part of the Marketplace.
- You may use the Marketplace for lawful purposes and for the purposes described above in Section 2.1. You may not use the Marketplace:
CUSTOMER TERMS AND CONDITIONS
These terms and conditions (hereafter, the Terms and Conditions) are agreed and entered into between SKINDAYS Ltd, a company registered in United Kingdom, under company number 12553656 and address at 1 SLOANE AVENUE SW3 3JD London, and You, as a visitor or customer of products on the Marketplace. These Terms and Conditions were first created on August 28tht 2021 and last updated on September 1st 2021.
SKINDAYS operates a specialist marketplace in the field of skincare and beauty products (the Marketplace) available at www.skindays.com and any other sales channels as decided by SKINDAYS from time to time. The Marketplace brings together consumers acting in a non-professional capacity (hereafter, Customers, You, or you) and retailers of skincare and beauty products (the Products) who are registered to sell on the Marketplace (the Brands), in order to allow Customers to purchase Products from Brands through the Marketplace.
Scope of application
- These Terms and Conditions define the conditions under which Customers, who acknowledge they have the capacity to and wish to, enter into a contract for the purchase of Products from a Brand via the Marketplace.
- These Terms and Conditions do not govern the relationship between Brands and SKINDAYS, with such conditions being set out and entered into in the Brands’ Marketplace Agreement (hereafter the Brands Agreement), nor the use by Customers of SKINDAYS Marketplace, with such conditions being defined in the Acceptable Use Policy (hereafter the AUP), and which these Terms and Conditions complete.
- Only the Brand, whose name is indicated on the description of each Product and in the confirmation of each Order, is the contracting party with the Customer for the purchase of said Products. Without prejudice to your statutory rights, the Products cannot therefore be returned or exchanged by SKINDAYS or any Brand, unless expressly authorised by SKINDAYS in writing at the moment of your purchase. Additionally, due to the nature of the Products, there is obligation to accept returns or exchanges of the Products, save for where required to do so under applicable consumer rights laws.
- SKINDAYS is not the seller of the Products, and the legal contract for sale of the Products shall at all times remain between the Brands and the Customers. SKINDAYS is not a party to such sales contract. However, SKINDAYS has been authorised by the respective Brands on the Marketplace and on each Brand’s behalf, to facilitate the conclusion of contracts for sale between the relevant Brand and the Customer (You).
- These Terms and Conditions govern the sale and purchase of Products between the Customers and the Brands through the Marketplace and must be accepted by the Customers in order to use the services of the Marketplace.
- These Terms and Conditions shall be deemed to be accepted through receipt of acknowledgement from the Customer at the time of the creation of their account on the Marketplace, and each time the Customer purchases Product(s) through the Marketplace, when the Customer ticks the relevant box confirming their acceptance of these Terms and Conditions.
- These Terms and Conditions are available at any time on the Marketplace and will prevail, if necessary, over any other version or any other contradictory document or contract, whether or not SKINDAYS is party to or author of such a contradictory document or contract.
- These Terms and Conditions can be changed by SKINDAYS at any time, and without the need for prior approval by Customers. Any updates shall be published on the Marketplace. The modifications of these Terms and Conditions are enforceable as from their publishing on the Marketplace and cannot apply to the transactions concluded previously. It is the sole responsibility of the Customers to ensure they are aware of the latest version in force at all material times.
Products offered for sale on the Marketplace
- Each Product offered for sale on the Marketplace is required to have a description (Product Listing) provided by the Brand. These Product Listings must include any imagery of the Products and all necessary information about the Products. You are obliged to read them before placing an Order for Product(s) and to the maximum extent such liability can be excluded under applicable law: (a) SKINDAYS and Brands shall bear no liability for your failure to read such Product Listings; and (b) SKINDAYS shall have no liability for the content of any such Product Listings, the contents of which are the sole responsibility of the Brands.
- The choice and selection of a Product, and your decision to purchase or not to purchase a Product is in your sole discretion and under your sole responsibility.
- Whilst we require that the photographs and graphics shown on the Marketplace are accurate, and we use all commercially reasonable efforts to do so, such photographs and graphics are still only for illustrative purposes and are not contractual. Any differences between the photographs and graphics on the Marketplace and the Products received by You will not, to the maximum extent permitted under applicable law, engage SKINDAYS’s liability in any way.
- You are required to refer to the Product Listing of each Product in order to become aware of the Product’s properties, essential features and delivery times for that Product. This contractual information is displayed in English and will be confirmed again when you validate your Order.
- In the event of an Order to a country other than within the United Kingdom mainland, you are deemed to be the importer of the relevant Product(s). Customs duties or other local taxes or import duties or any state taxes may be due on such Product(s), which will be charged to you and are your sole responsibility.
Availability of Products
- The availability of Products is always subject to the availability of stock with Brands, and such availability shall be confirmed to you prior to the placing of your Order.
- SKINDAYS shall in no way be responsible or liable for any diminutions or lack of stock of any Products.
- Special offers on Products are only available at the sole discretion of Brands and/or SKINDAYS, and could be subject to a specific duration or limited number of Orders. You should always ensure that you read, understand and accept the conditions of any special offers prior to placing your Order.
- Placing the Order:
- You will be able to check the details of your Order as well as its total price and to correct any errors before you proceed to purchase.
- It is your responsibility to check the accuracy of your Order(s) and to report or correct any errors immediately.
- Your Order is placed on the Marketplace when you accept these Terms and Conditions by checking the box provided for this purpose and validate your Order. This validation implies the acceptance of these Terms and Conditions.
- An email confirming receipt of your Order will be sent to the email address indicated by You on the checkout page or in your account by SKINDAYS. The Brand of the selected Product(s) will be informed by SKINDAYS of your Order.
- Your purchase is final only after confirmation of receipt of your payment in cleared funds, the availability of the Product(s) and when the acceptance of the Order by the Brand(s) is sent to you by email.
- The Brand reserves the right to refuse an Order or to carry out an Order or to proceed to delivery if you are in breach of the AUP or these Terms and Conditions, if the Product is no longer available, if You have not paid for this Order or any previous Order (in whole or part, or if there is a pending dispute between you and SKINDAYS or between you and the Brand).
- Amendments to your Order
- Once your Order has been confirmed and accepted by the Brand pursuant to the process set out at Section 5.1 above, the Order cannot be modified, unless otherwise agreed with the Brand and indicated in the email confirmation of your Order. This is without prejudice to your statutory rights.
- Cancellation of your Order
- Once confirmed and accepted by the Brand pursuant to this Section 5, the Order cannot be cancelled, except in the event of statutory rights (as further described below at Section 10) or in the event of force majeure.
- Placing the Order:
- The Products are supplied at the prices freely set by the Brands and appear in the Product Listings for each Product.
- All prices are indicated in GBP or EUR. All prices are exclusive of tax and VAT as well as delivery costs which must be paid in addition to the Product price.
- Delivery costs for each Product will be added to the basket total when you validate your Order. These costs are set by the Brand and/or SKINDAYS (as specified in the Product Listing). You must ensure you agree with any delivery costs and by proceeding to the placement of your Order, you will be deemed to have accepted such delivery costs.
- An invoice will be issued by the Brand(s) and given to you upon delivery of the ordered Products, which shall take the form of a VAT invoice where applicable.
- The purchase price, any VAT or sales taxes and any delivery costs are collected by our Third Party Payment Provider (as defined at Section 7.2 below), which will collect such amounts in the name and on behalf of the Brand, in full on the day you place your Order.
- Payments may be made by way of secure payment, through the use of the third-party payment platform made available to you by SKINDAYS on the Marketplace which is currently STRIPE: https://stripe.com/(Third Party Payment Provider).
- By making a payment using the Third Party Payment Provider, You authorise us to enter into the Third Party Payment Provider’s terms and conditions on your behalf for the purposes of allowing you to benefit from the Third Party Payment Provider’s services. This agreement is between You and the Third Party Payment Provider.
- You agree that the Third Party Payment Provider will transfer all monies received from You to the Brand, save in respect of our commission and any other logistical fees due to us for providing the Marketplace and associated services, which will be paid to us by the Third Party Payment Provider.
- The payments You make will be considered as final only after effective collection of the amounts due by the Third Party Payment Provider, in the name and on behalf of the Brand.
- The Products You ordered will be delivered within the United Kingdom mainland within the delivery time indicated in the Product Listing, plus any additional time required for processing and delivering to the address You have indicated when ordering on the Marketplace.
- The delivery of the Product(s) takes place when you are deemed to have physical possession or control of the Product(s).
- Unless expressly specified, or when one or more Products are unavailable, the Products ordered from one Brand shall be delivered in one package. If you buy from multiple Brands, Products may be delivered in different packages and may be subject to different delivery times. You must always read the applicable Product Listing for the delivery details and the identity of the Brand.
- The Brand or SKINDAYS will use all commercially reasonable efforts to deliver the Products you ordered within the time limits specified above. However, these timelines are for information purposes only.
- If the Products ordered have not been delivered within a period of 7 days after the anticipated delivery date, for any reason other than a force majeure event or due to your own acts or omissions, the sale may be cancelled at your written request in accordance with applicable consumer laws (as further set out at Section 10 below), without compensation to you, when (a) we or the Brand have refused to deliver the Products; (b) delivery within the delivery timeframe was essential (taking into account all the relevant circumstances); or (c) you told us before your Order was accepted that delivery within a specific delivery time frame was essential.
- If the delivered Product is not of satisfactory quality or does not comply with Product Listing, the Brand will be solely responsible for remedying or reimbursing You for the Product, as indicated by the Brand in the Product Listing or as required by your statutory rights (see Section 10 below).
- The Brand assumes the risks of transport and is obliged to reimburse you in the event of any damage caused to the Products during transport.
- Deliveries are made by an independent carrier to the address given by you at the time of the Order and to which the carrier has easy access.
- When you have chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Brand to the carrier, who has accepted them without reservation. You therefore acknowledge that it is the carrier’s responsibility to make the delivery and shall have no recourse against the Brand in the event of failure to deliver the Products transported.
- If you have a special request for the conditions of packaging or transport of the Products you ordered, duly accepted in writing by the Brand, the costs related thereto shall be the subject of a specific additional invoice, on the basis of an estimate previously accepted in writing by you.
- You are required to check the condition of the Products delivered. You have a period of 48 hours from the date of delivery to provide any reservation or claim for non-conformity or apparent defect of the delivered Products (for example damaged package, package already opened), with all the related documents (including photographs).
- If you do not raise an issue related to the Products within 48 hours of receiving the Products, and without prejudice to the provisions of applicable consumer laws, the Products will be deemed to have been received and accepted by you without reservation.
- After this 48-hour period and if you do not respect the process in Section 8.12, the Products will be deemed to be conform, and free of any apparent defect and no claim will be validly accepted by the Brand.
- As soon as possible, at its own expense and where required to do so, the Brand shall refund and/or replace any Products when any non-conform or apparent or hidden defects have been duly shown by you in accordance with this Section 8, and in accordance with and subject to applicable consumer laws.
Transfer of ownership and risk
- Transfer of ownership of the Brand’s Products to you will only occur after full payment of the price by You has been made in accordance with these Terms and Conditions, regardless of the delivery date of such Products.
- Unless Section 8.9 applies and regardless of the date on which transfer of ownership of the Products occurs, the transfer of risk for loss and deterioration of the Products shall only occur when you take physical possession of the Products. Unless Section 8.9 applies, the Products are therefore transported at the Brand’s risk.
Summary of your legal rights
- Brands are under a legal duty to supply Products that materially comply with and are in accordance with the Product Listing and these Terms and Conditions.
- This Section 10 summarises your key legal rights in relation to the Products. Nothing in these Terms and Conditions will affect your statutory rights.
- Your key legal rights set out in this clause a summary only and are subject to certain exceptions. For detailed information please visit the Citizens Advice website at: www.adviceguide.org.uk or call 03454 04 05 06.
- According to the Consumer Rights Act 2015, since your Products are goods, they are subject to the following requirements: they must be as described, fit for purpose and of satisfactory quality. If your Products cosmetics goods, the Brand must include any mandatory labelling on the packaging (such as ingredients or allergy risks). This is the Brand’s sole responsibility when they upload a Product Listing and offer Products for sale on the Marketplace.
- According to the Consumer Contracts Regulations 2013, you have a right to change your mind. For most Products bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below at Section 10.6 and are strictly subject to Section 10.12.
- In accordance with the legal provisions in force and strictly subject to Section 10.12, you generally have a period of fourteen (14) days from the receipt of the Product to exercise your right of withdrawal with the Brand (except if it is a non-professional Brand), without having to justify your reasons or to pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days from the notification to the Brand of your decision to withdraw.
- All returns are to be made in their original state and must be complete (packaging, accessories, instructions), thus allowing them to be re-sold. They must be accompanied by the purchase invoice or a copy thereof.
- Damaged, soiled, opened or incomplete Products will not be accepted and will not be refunded.
- The right of withdrawal can be exercised online, by sending a duly completed copy of the Model Cancellation Form available at the end of these Terms and Conditions to SKINDAYS. SKINDAYS will promptly send a copy to the Brand.
- In the event that the right of withdrawal is exercised within the aforementioned 14-day period, only the purchase price of the Product(s) shall be reimbursed to you, provided the refund is accepted by the Brand. The refund will expressly exclude any delivery costs. The cost of returning the Product(s) shall be borne by you.
- Where your withdrawal is valid and accepted by the Brand, any refund will be made within fourteen (14) days from the date on which the Brand was notified of your withdrawal decision, directly by the Third Party Payment Provider), in the name and on behalf of the Brand, by crediting your bank account or account with the Third Party Payment Provider (as applicable).
- Notwithsanding the foregoing, in accordance with Consumer Contract Regulations, you cannot exercise this right of withdrawal in certain cases such as: where the Brand supplied and manufactured the Products according to your specifications; or for Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or if the Products are liable to deteriorate or expire rapidly. In these specific cases set out in this Section 10.12, the aforementioned 14-day period does not apply and, unless agreed with the Brand, you will have no right to cancel. You must carefully review your Product prior to purchase.
- Without prejudice to clauses 11.2 and 11.3 below, and except for any legal responsibility that we or a Brand cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, neither SKINDAYS nor any Brand are legally responsible for any losses that were not caused by any breach by either SKINDAYS and/or any Brand or any indirect and consequential losses.
- Brands’ liability to you
- Subject to clause 11.1, the Brands are responsible to you for foreseeable loss and damage caused by them. If the Brands fail to comply with these Terms and Conditions, the contract of sale with you for your purchase of a Product, they are responsible for loss or damage you suffer that is a foreseeable result of them breaking these Terms and Conditions and/or the contract of sale with you for your purchase of a Product, or their failing to use reasonable care and skill, but they are not responsible for any loss or damage that is not foreseeable.
- Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Brand and you knew it might happen, for example, if you discussed it with the Brand during the sales process. This does not apply to the Brand’s liability to you where liability cannot be excluded under applicable law or for their breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information provided to you in the relevant Product Listing (and any sample or model seen or examined by you, where applicable); of satisfactory quality; fit for any particular purpose made known to the Brand; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
- The Brands are not liable for business losses. The Brand’s Product Listings are for sales of Products for domestic and private use only.
- SKINDAYS’s liability to you
- Subject to clause 11.1, we are responsible to you for foreseeable loss and damage caused by us.
- We exclude all liability to you to the extent possible under applicable laws. We are not responsible for any loss or damage that is not foreseeable.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
- We are not liable for business losses. We only supply the Marketplace to display Brand’s Products for sale for domestic and private use.
- If you use the Products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- SKINDAYS’s liability to you shall not exceed 100% of the value of the Order to which any liability relates.
- We are not responsible for delays outside our control.
- No party is responsible for an event outside their control. In this case, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, neither we nor the Brands will be liable for delays caused by the event. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
- Neither the SKINDAYS marketplace nor the recommendations or other services provided by us or our authorised providers via our Marketplace constitute any dermatology or medical advice.
- The Marketplace, recommendations and services are for information purposes only, are provided on a strictly ‘AS IS’ basis and are not intended to be a substitute for professional dermatological, medical advice, diagnosis, or treatment.
- Always seek the advice of your doctor or health provider with any question you may have regarding a health or skin condition.
- If you think you may have a medical emergency, call your doctor or dial 111 immediately.
Applicable law and Resolving Disputes
- These Terms and Conditions are governed by English and Welsh law.
- Whilst we hope to resolve any issue you may have with SKINDAYS or any Brand amicably by contacting us via the relevant form on the Marketplace or by sending an email to firstname.lastname@example.org, you are able to bring legal proceedings in respect of the Products in the courts as follows:
- If you live in England or Wales, you can bring legal proceedings in respect of the Products in the English or Welsh courts.
- If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts.
- If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract for purchase of your Product, and strictly subject to these Terms and Conditions and applicable consumer protection laws)To BRAND’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER / C/O SKINDAYSI/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],Ordered on [*]/received on [*],Name of consumer(s),Address of consumer(s),Signature of consumer(s) (only if this form is notified on paper),Date[*] Delete as appropriate
SKINDAYS GIVEAWAY T&Cs
- To enter the competition you must follow @skindays_official on Instagram and subscribe to their waitlist
- Entries are only open to United Kingdom (UK) residents aged 18 or over at the time of entry.
- Competitions are not open to employees (or members of their immediate families) of The Skindays LTD
- Multiple entries will not be considered.
- No purchase necessary to enter the competition.
- Entries must be posted on Instagram.
- No responsibility can be accepted for entries that are not received for any reason.
- The winner will be selected by random.
- The closing date is Tuesday 9th November 2021 at 11:59pm GMT, the winner will be chosen at random and announced Wednsday 10th November when the winner accepts the price. The Skindays LTD reserves the right to amend the competition end date at any time.
- If you win the competition, we will notify you privately via Instagram. If we cannot contact you or you do not respond within two weeks, we reserve the right to offer the prize to another competition entrant.
- The prize cannot be transferable to another person.
- No prize or part of a prize is not exchangeable for cash, tickets or services.
- If the advertised prize is not available, we reserve the right to offer an alternative prize.
- The product will be delivered by the end of the week commencing 15th November 2021.
- By participating in this prize draw, participants confirm they have read, understood and agree to these terms and conditions.
“This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram”