HUMANITY COSMETICS

TERMS & CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

1. References to “we”, “us” and/or “our” throughout  (“the website”) are to Humanity Cosmetics Ltd.

2. The use of the website and the purchase of any goods (“Goods” and/or “Products”) from the Website is governed by these terms and conditions (“Conditions”). We reserve the right to modify these terms and conditions without notice to you.

3. There is no charge imposed by Humanity Cosmetics for accessing the Website but you must pay the cost of the communications link you use to visit the website.

4. Access to the Website may be suspended, restricted or terminated at any time without notice.

5. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Humanity Cosmetics Ltd, a company registered in England and Wales under number 9317076 whose registered office is at 1st Floor, 2 Woodberry Grove, London, N12 0DR and whose trading address is Baile House, Creeve Road, Carrigans, Donegal, Ireland, with email address info@humanitycosmetics.com; (also referred to as the Supplier or us or we or our).

6. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

7. If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.

8. Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

9. These conditions (as amended and altered from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral between You and Humanity Cosmetics in relation to such matters. You confirm that You have read these Conditions and You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us

Interpretation.

10Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

11Contract means the legally-binding agreement between you and us for the supply of the Goods;

12. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

13. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

14. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

15. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

16. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

17. Website means our website  on which the Goods are advertised.

 

Goods

18. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

19. All Goods which appear on the Website are subject to availability.

20. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

21. We retain and use all information strictly under the Privacy Policy.

22. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

23. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

24. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

25. Your submission of an order represents an offer to purchase Goods and/or Products indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications made by us until we accept your order are invitations to treat only and are not confirmed offers. This means that if Goods or Products are shown on the site but are unavailable or incorrectly priced or otherwise incorrectly described, Humanity Cosmetics shall not be obliged to sell you those goods.

26. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

27. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.

28. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

29. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

30. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

31. Prices and charges include VAT at the rate applicable at the time of the Order.

32. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

33. Before we can dispatch your order we need to verify your card details with your card issuer. We do our best to ensure this is completed as quickly as possible. Once you receive your order confirmation email you know that your order has been authorised.

Delivery

34. We will deliver the Goods, to the Delivery Location, not more than 30 days after the day on which the Contract is entered into. We will try our best to deliver the goods within the agreed period without undue delay.

35. If we do not deliver the Goods within 30 days after the day on which the Contract is entered into, you can (in addition to any other remedies) treat the Contract at an end if:

a. we have refused to deliver the Goods, or you said to us before the Contract was made that delivery within a stated time was essential; or

b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

36. For orders for delivery outside of England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them. Import taxes and duties will be the responsibility of the customer should goods be ordered from our website for delivery outside the UK. Unfortunately we have no control over these costs as they are imposed by your local customs office and we are therefore unable to offer assistance on these processes. We advise that you check the import charges applicable in any country before ordering products to be delivered there.

37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

40. Whilst in transit all purchases are insured by Humanity Cosmetics Ltd until they are delivered to you. We require a signature for all goods delivered, at which point responsibility for your purchased goods passes to you. If you are not the receiver of your purchase (for example a gift order) then the person who signs for the package confirms receipt and is accountable for the package.

Risk and Title

41. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

42. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Returns & Cancellations

43. If for any reason you need to return an item, please return the item(s) in its original packaging within 14 days of receiving your order, and enclose the completed returns form in your parcel.

For reasons of health and safety we will only be able to offer a refund on unused and unopened items. If we receive a return where the original packaging has been opened or that appears to be used we will regrettably not be able to offer a refund, or return the item to you.

Please follow the instructions below so that we can process your return as quickly as possible.

· On the delivery note enclosed in your order please tick refund and enter one of the reason codes.

· Pack your returns in the original packaging and label with the address below: 

Humanity Cosmetics, Baile House, Creeve Road, Carrigans, County Donegal, Ireland

· You will be responsible for arranging to have the item(s) returned to us and for any costs incurred (which are non-refundable). We strongly recommend that you use a trackable courier service to return your items to us, as we will be unable to offer refunds on items that do not reach us.

· You will be notified by email once your returns have been received and processed.

· Please be aware that International customs duties and sales taxes are not refunded for shipments outside of the EU.

44. This is a distance contract which has the cancellation rights as set out below.

45. You can cancel the Order by telling us before shipment of the order is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability only before the order is shipped. Once the order is shipped, please follow the returns procedure, there will be costs involved which will be payable by you

46. The Cancellation Rights for a Contract cease to be available in the following circumstances:

a. in the case of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become opened or unsealed after delivery.

Faulty Goods

47. If your package is visibly damaged on delivery, please tell the person delivering your goods that you wish to sign as “received damaged” and ensure a note of this is recorded by the delivery person. If you find the goods are faulty or damaged once opened please contact us at 

Timing of reimbursement

48. We will make the reimbursement without undue delay, and not later than:

a. 14 days after the day we receive back from you any Goods supplied

49. We will make the reimbursement using the same means of payment as you used for the initial transaction

50. For the purposes of these Cancellation Rights, these words have the following meanings:

adistance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

bsales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

51. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

52. Upon delivery, the Goods will:

a. be of satisfactory quality;

b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us

c. conform to their description.

Successors and our

sub-contractors

53. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

54. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Excluding liability

55. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

56. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

57. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

58. We try to avoid any dispute, so we deal with complaints in the following way: We hope that you do not have any cause to make a complaint about any of our products or services but in the unfortunate event that you wish to make a complaint, we will endeavour to resolve any issues as soon as possible.