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Terms and Conditions

This Site is owned and operated by Cult Beauty Limited (Cult Beauty).These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.

 

Please note that when you order a Repeat Purchase product, you agree that we may send you the same Product(s) in the same quantities and on the same chargeable basis every 30, 60 or 90 days (depending on which frequency you have chosen) from the date of your first order.

 

All products come with our free return policy and you can cancel Repeat Purchase products at any time by phoning on

0800 108 8822 (UK)                                                       Monday to Friday 10am to 6pm (GMT)

+44 203 471 3000 (International)                                Monday to Friday 10am to 6pm (GMT)

Or by emailing customerservice@cultbeauty.co.uk.

 

Important liability statement

The information available on or through this Site, and the Services supplied via or in connection with this Site, (including the editorial material provided by Cult Beauty’s experts), is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.

 

Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

 

We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.

 

Subject to statutory limits and exclusions for death or personal injury caused by our negligence, or for fraud, our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.

 

1.

Definitions

In these terms and conditions, the following definitions apply:

"Submission" means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.

“Cult Beauty” means Cult Beauty Limited, whose registered office is at 37 Chamberlain Street, Wells, Somerset BA5 2PQ United Kingdom, and whose company number in the register maintained by the Companies House is 06195011 and registered VAT number is GB918765874 and 'we', 'us', 'our' shall mean Cult Beauty;

"Materials" defined in clause 2.2;

"Products" means any products offered for sale on the Site;

“Services” means any information and services ordered and/or provided by Cult Beauty through or via the Site including, without limitation, all services offered as part of the Repeat Purchase functionality. For the avoidance of doubt, any electronic information supplied to you by Cult Beauty will constitute part of the "Service" not a Product and cancellation rights will apply accordingly; and

“Site” means the web site at the URL www.cultbeauty.co.uk or WAP site or replacement site(s) from time to time.

 

 

2.

Use of this Site generally

 

 

2.1

You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.

 

 

2.2

The intellectual property rights in all materials on the Site and supplied as part of the Products or Services ("Materials") are owned by Cult Beauty or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.

 

 

2.3

Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that Cult Beauty deems it necessary or desirable to do so for whatever reason.

 

 

2.4

You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that Cult Beauty may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.

 

 

2.5

You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.

 

 

2.6

You acknowledge that you will not be able to edit or delete any Submission after submission.

 

 

2.7

Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at customerservice@cultbeauty.co.uk. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.

 

 

2.8

You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Cult Beauty or any third party.

 

 

2.9

Cult Beauty accepts no obligation to monitor the use of the Site. However, Cult Beauty reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Cult Beauty will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

 

 

2.10

Cult Beauty may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

 

 

3.

Your personal information

 

 

3.1

Use of your personal information is governed by Cult Beauty’s Privacy Policy, which forms part of these terms and conditions. In the event that Cult Beauty undergoes reorganisation or is sold to a third party, you agree that any personal information Cult Beauty holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

 

 

4.

Liability

 

 

4.1

You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Cult Beauty does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.

 

 

4.2

The Site includes links to external sites and co-branded pages. Cult Beauty has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Cult Beauty does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.

 

 

4.3

Subject to the important liability statement, Cult Beauty is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

 

 

4.4

The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.

 

 

5.

Password

 

 

5.1

As part of the Services offered via this Site, you may be issued with an individual password which can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

 

 

5.2

In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify Cult Beauty of such failure or error.

 

 

5.3

Cult Beauty reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Cult Beauty promptly of any changes to your registration details.

 

 

6.

Suspension and termination of Service

 

 

6.1

Cult Beauty may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.

 

 

6.2

Cult Beauty may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Cult Beauty.

 

 

7.

Eligibility to purchase Products

 

 

7.1

Cult Beauty does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.

 

 

7.2

In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/debit card holders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. Cult Beauty is not responsible in the event that your payment card provider refuses to authorise payments.

 

 

8.

Ordering Products

 

 

8.1

IMPORTANT: When you order your Repeat Purchase Products, you agree that we may send you the same Product(s) in the same quantities and on the same chargeable basis every 30, 60 or 90 days (depending on which frequency you have chosen) from the date of your first order, and that we may debit the credit or debit card or charge the PayPal account you submit for your first order for the same amount (including applicable sales tax and postage) on each subsequent dispatch of Products. We will send you a confirmatory email with each dispatch of Products. Unless you notify us that you want to cancel these Repeat Purchase orders you will continue to be sent the same Products and your credit or debit card or PayPal account will be charged the price and relevant sales tax and postal charges every 30, 60 or 90 days (depending on which frequency you have chosen). Once you have purchased your first Products, the price for such Products will change if:

(a) you change your address and the applicable sales tax or postage changes accordingly; or

(b) our prices advertised on the Site increase in which case, we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change. Price changes will not affect your cancellation rights.

 

 

8.2

You may cancel future Repeat Purchase orders at any time by sending an email to customerservice@cultbeauty.co.uk. On receipt of your email, we will make every reasonable effort to cancel your Repeat Purchase orders before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them. Your cancellation rights in relation to dispatched Products are set out in clause 11.

 

 

8.3 When you select the option to allow us to store your card details we will do so using the Sage Pay Token System. When you select a Repeat Purchase Product we will automatically store your card details via the Sage Pay Token System.
The Token System is a safe way for us to keep card details without actually storing them. Sage Pay store and convert your sensitive payment information into a secure token or "alias". This token is then used by us to process future transactions as and when required, without asking for your card details each time.
   

8.4

It is your responsibility to inform us of any change of address or other relevant details such as payment card details.

 

 

9.

Contract Formation

 

 

9.1

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Cult Beauty to buy a Product via the Site. No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (the Dispatch Confirmation email). Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the Dispatch Confirmation email.

 

 

9.2

Each Contract relates only to those Products whose dispatch the Partner has confirmed in the Dispatch Confirmation. The Partner shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.

 

This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Cult Beauty reserves the right to refuse orders for Products.

 

 

10.

Pricing, availability and dispatch information of Products

 

 

10.1

Information displayed on the Site as to pricing and availability is subject to change by Cult Beauty. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.

 

 

10.2

While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.

 

 

10.3

In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause 10.4 below).

 

 

10.4

Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.

 

 

11.

Cancellation rights for dispatched Products

 

 

11.1

 

 

 

If you are contracting as a consumer, you may be able to cancel a Contract at any time within seven working days, beginning on the day after you received the relevant Product. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 14 below).

 

 

11.2

To cancel a Contract, you must immediately notify us by email at customerservice@cultbeauty.co.uk and return the Product(s)covered by the cancelled order to us as soon as possible, in the same condition in which you received them, to:

 

FREEPOST - RTEJ-KSXX-HRCC

Cult Beauty Limited

Returns Department

38-39 St Johns Lane

London EC1M 4BJ

 

 

11.3

If you do not return the Products within 10 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.

 

 

11.4

You will not have any right to cancel a Contract for the supply of any Products which by reason of their nature cannot be returned, for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers.

 

 

11.5

The provisions of this paragraph do not affect your statutory rights.

 

 

11.6

When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.

 

 

12

Warranties

 

 

12.1

Cult Beauty warrants that the Services will be supplied with reasonable skill and care.

 

 

13

Statutory rights and refunds

 

 

13.1

THE RIGHTS OF CANCELLATION AND REFUND AND ANY LIMITATION EXPRESSED IN THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

 

 

13.2

Products returned by you because of a defect will be refunded in full, including a refund of any standard delivery charges for sending the item to you and the cost incurred by you in returning the item to the Partner.

 

 

13.3

Products returned by you within the “seven-day cooling-off period” (referred to in paragraph 11.1 above) will be refunded in full, including the cost of sending the item to you. Cult Beauty will not be responsible for the cost of returning the item.

 

 

13.4

It can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt. Please allow a further week for the amount to show in your account.

 

 

13.5

Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements.

 

 

14

General

 

 

14.1

Cult Beauty may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email or at the very least by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Cult Beauty may delay enforcing its rights under these terms and conditions without losing them. You agree that Cult Beauty may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

 

 

14.2

These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

 

 

14.3

If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Cult Beauty Customer Service Department, 38-39 St Johns Lane, London EC1M 4BJ, United Kingdom or email: customerservice@cultbeauty.co.uk

 

 

15

Competition

 

 

15.1

Birthday Founders Favourites Competition: With all orders over £50 you will automatically be entered into a competition for a chance to win a £500 Cult Beauty Hamper. Competition entries only valid until midnight Saturday 29th June 2013 on all orders over £50. There will be only one winner for the Cult Beauty Hamper (worth £500) & five runners-up will select one product from an edited selection of Cult Beauty products as featured. The winner(s) will be drawn at random by an independent person. The winner(s) will be notified by email no later than one week after the prize draw has closed. Prize excludes the purchase of gift vouchers. It is non-transferable, non-refundable and non-negotiable. There is no cash alternative. Cult Beauty reserves the right to (i) cancel Prize Draw, (ii) refuse any individual’s entry and (iii) amend the terms and conditions. Promoter: Cult Beauty Limited. Registered office: 38-39 St Johns, London.

These are the terms and conditions (the “Terms and Conditions”) that govern the relationship between you, the entrant (“you”, “your(s)”) and Cult Beauty Limited (the “Promoter”, “we”, “our”, “us”).

 

 

15.2

GENERAL

i.     By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.

ii.     To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. 

iii.     Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.

iv. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.