These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us to consumers through this website, www.aquagemskincare.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Products from Our Site. You will be required to read and accept these Terms of Sale when registering for an Account or ordering Products. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Products through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means an account you register to have on Our Site for the purposes of placing an Order;
means a contract for the purchase and sale of Products, as explained in Clause 8;
“Products” means our personal brand of skincare products sold by Us through Our Site;
“Order” means your order for Products;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Aquagem Skincare Ltd , a company registered in England under 11662304, whose registered address is 88-90 Hatton Garden, Suite 36, EC1N 8PN, London and whose main trading address is[ SAME ]
Information About Us
Our Site, aquagemskincare.com, is owned and operated by Aquagem Skincare Ltd , a limited company registered in England under 11662304, whose registered address is 88-90 Hatton Garden, Suite 36, EC1N 8PN, London
Our VAT number is 313759987
Our Products are Cruelty Free certified`
Access to and Use of Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Consumers may only purchase Products through Our Site if they are at least 18 years of age. If we become aware of unauthorised use of our Site by anyone under the age of 18, we reserve the right to (subject to these Terms of Sale), including but not limited, refuse fulfilment of any Order placed, suspend or terminate any Account registered or cancel any Contract formed.
These Terms of Sale do not apply to customers purchasing Products in the course of business. [If you are a business customer, please consult our Business Terms of Sale <>.] [If you are a business customer or want to become a business customer, please contact Us and We can advise how We may help]
Please note that We offer delivery of our Products within the United Kingdom, Europe and worldwide.
Products, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from Us correspond to the actual Products. Please note, however, the following:
Images of Products are for illustrative purposes only. There may be slight variations in colour and texture and shape between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary.
Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to Clause 11 if you receive incorrect Products (i.e. Products that are not as described).
Where appropriate, you may be required to select the required size, variety and number of the Products that you are purchasing.
We cannot guarantee that Products will always be available. Low stock indications are provided on Our Site, however such indications are not real time and stock updates on Our Site may not occur immediately after each Order
Minor changes may, from time to time, be made to certain Products between your Order being placed and Us processing that Order and dispatching the Products, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Products and will not normally affect your use of those Products. However, if any change is made that would affect your use of the Products, suitable information will be provided to you.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 14 calendar days, We will treat your Order as cancelled and notify you of this in writing.
In the event that the price of Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
All prices on Our Site are in British Pounds, Euro and US Dollars and where appropriate shall include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment. If you are paying in a currency other than British Pounds, you may be subject to currency exchange fees through your credit or debit card provider and the actual price paid by you may therefore differ from the price stated on Our Site.
Delivery charges are not included in the price of Products displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
Orders – How Contracts Are Formed
Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within 3 working days of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
Order Confirmations shall contain the following information:
Your Order Number;
Confirmation of the Products ordered including full details of the main characteristics of those Products;
Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges.
We will NOT include a paper copy of the Order Confirmation with your Products.
In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 21 calendar days.
Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Products.
Payment for Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Products.
We accept the following methods of payment on Our Site:
Payment for Products via Paypal will only be accepted if it is for the entire amount of the purchase of price of Products ordered. No partial or instalment payments will be accepted.
Delivery, Risk and Ownership
All Products purchased through Our Site will normally be delivered as soon as possible but no later than within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14). The Products will only be delivered to the address specified on the Order Confirmation.
If We are unable to deliver the Products on the delivery date, the following will apply:
If no one is available at your delivery address to receive the Products and the Products cannot be posted through your letterbox, the courier service We will usemay leave a delivery note explaining how to rearrange delivery or where to collect the Products;
If the courier service We use cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Products.
In the unlikely event that We fail to deliver the Products within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
We have refused to deliver your Products; or
In light of all relevant circumstances, delivery within that time period was essential; or
You told Us when ordering the Products that delivery within that time period was essential.
You may cancel all or part of your Order under sub-Clauses 10.2 provided that separating the Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Products and their delivery charge will be refunded to you within 21 working days and subject to us receiving any cancelled Products back. Please note that if any cancelled Products are delivered to you, you must not open them and must return them to Us. and bear the cost of returning the cancelled Products.
Delivery shall be deemed complete and the responsibility for the Products will pass to you once We have delivered the Products to the address you have provided.
Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Products
Excessive Handling, Faulty, Damaged or Incorrect Products
Upon receipt of the Products, you should inspect the Products for any faults or damage and take good care of the packaging. Excessive handling will be deemed to occur if (a) the Products appear to have been irreversibly opened, safety seal broken or otherwise tampered with or used (b) the packaging material is not maintained or returned in the same condition as they were received; or (c) damage occurs to the Product as a result of you not packaging them up in the same protective way they were received in when preparing to return them to Us. Please note that deductions pursuant to Clause 12.8 may apply.
By law, We must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase. If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact Us at <> as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
11.2.1 Beginning on the day that you receive the Products (and ownership of them) you have a 30 calendar day right to reject the Products and to receive a full refund if they do not conform as stated above.
11.2.2 If you do not wish to reject the Products, you may request a replacement of the Products. We reserve the right to request you to provide Us with photos of the damaged items. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request replacement during the calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Products
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the UK or European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Products for this reason. Please refer to Clause 12 for more details.
11.4 To return Products to Us for any reason under this Clause 11, please visit the refunds page on Our Site, follow the procedure outlined there to complete any details and upload any photos of the Products in question. We will send you an email confirmation as receipt of your return request and will action the request in accordance with this Clause 11. We will be fully responsible for the costs of returning Products under this Clause 11 and will reimburse you where appropriate.
11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 21 working days of the day on which We agree that you are entitled to the refund or the day we receive back the Products, whichever is applicable.
11.6 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Products were originally purchased
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Products.
11.8 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11.9 For customers outside of the United Kingdom and European Union, Clauses 11.2.2,11.6 and 11.8 shall not apply. Any and all refunds issued under this Clause 11 to customers outside of the United Kingdom and European Union will be in accordance with the consumer rights legislation of the country of residence of the customer.
Cancelling and Returning Products if You Change Your Mind
If you are a consumer in the United Kingdom and the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed and ends in accordance with Clause 12.2. You may also cancel for any reason before We send the Order Confirmation.
If the Products are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Products.12.2.2 If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Products.
If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site <> and will include [a link to] it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
Post: 88-90 Hatton Garden, Suite 36, EC1N 8PN, London;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Products and services, however please note that you are under no obligation to provide any details if you do not wish to.
Please ensure that you return Products to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
You may return Products to Us by post or our choice of delivery service to Our returns address at <>. Please note that you must bear the costs of returning Products to Us if cancelling under this Clause 12.
Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
The day on which We receive the Products back; or
If We have not yet provided an Order Confirmation or have not yet dispatched the Products, the day on which you inform Us that you wish to cancel the Contract.
Refunds under this Clause 12 may be subject to deductions in the following circumstances:
Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. no more than would be permitted in a shop or that would reasonably prevent the Products from being resold as new) and as set out in Clause 11.1) . Please note that if We issue a refund before We have received the Products and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Products have been handled excessively.
Standard delivery charges will be reimbursed in full as part of your refund unless We offered free delivery with your Order in which case you will not be eligible for refunds on delivery costs. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.. We are required by law to reimburse standard delivery charges (or the equivalent) only.
Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Products.
12.9 For customers outside of the United Kingdom and European Union, Clauses 12 shall not apply. Any and all rights of cancellation for customers outside of the United Kingdom and European Union will be in accordance with the consumer rights legislation of the country of residence of the customer.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence limited to the value of the Products you ordered. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply Products for personal and private use by consumers and we will not be responsible for any use of our Products contrary to our recommended instructions for use and storage that either accompany the Order or are labelled on the Products themselves including but not limited to ingesting the Products, using them near eyes or other sensitive areas of the body, using the Products if you have a medical or skin condition without consulting your doctor, dermatologist or other medical specialist. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
All of our Products are manufactured and quality tested to acceptable beauty industry standards but we do not represent, warrant or guarantee that (a) they are suitable for use by you or anyone you purchase or share the Products with and (b) that they will not cause an allergic skin or other reaction.
If you have any medical or skin condition, you must consult and take the advice of your doctor, dermatologist or other suitable medical practitioner before purchasing or using Our Products.
None of Our Products are intended to be used for medicinal purposes whatsoever and We shall not be responsible for any reaction, failure to treat, failure to improve, worsening of any condition or otherwise arising from the use of Our Products for these purposes.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
If the event outside of Our control continues for more than 7 working days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 21 working daysof the date on which the Contract is cancelled;
If an event outside of Our control occurs and continues for more than 7 working days and you wish to cancel the Contract as a result, you may do so by contacting Us directly to cancel, using the following details:
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 21 working days of the date on which the Contract is cancelled.
Communication and Contact Details
If you wish to contact Us with general questions or complaints, you may contact Us by telephone at <>, by email at <>..
For matters relating the Products or your Order, please contact Us by telephone at <> or by email at <>.
For matters relating to cancellations, please contact Us by telephone at <>or by email at <>or refer to the relevant Clauses above.
Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with Our complaints handling policy and procedure. For details of this please contact us in accordance with Clause 17.3
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
In writing, addressed to <>, <>;
By email, addressed to <> at <>;
By contacting Us by telephone on <>
How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookies Policy <>.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
Subject to Clause 19.3, you cannot transfer (assign) the benefit of your rights in Clause 11 or Clause 12 to any person to whom you transfer ownership of the Products after you have completed purchasing the Products from Us (for example, by selling the Products to that person or giving them the Products as a gift). If we have provided Our express written permission under Clause 19.3, We may require that person to provide reasonable evidence that they are now the legal owner of the Products in question.
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. This is subject to Clause 19.2.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Products you have already received and we will arrange for a full refund (including delivery charges if applicable) which will be paid within 14 calendar days of your cancellation.
Subject to any applicable law or regulations in force, these Terms of Sale shall not apply to the sale by Us of gift vouchers to you. Separate terms shall apply to gift vouchers and you should read the terms relating the gift vouchers as set out on Our Site here [ insert link].
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England & Wales.