Our Standard Conditions of Sale
1. THESE CONDITIONS
1.1 What these conditions cover. These are the terms and conditions (“Conditions”) on which we supply our various 28 Day Skin care products to you via our Website. Please note that these Conditions are different to the Terms upon which we supply our subscription services.
1.2 Why you should read them. Please read these Conditions carefully before you submit your order to us. These Conditions tell you who we are, how we will provide our 28 Day Skin products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Conditions, please contact us at Guidance@28DaySkin.com to discuss.
1.3 Who you are. You are considered to be a consumer where:
• You are an individual.
• You are buying products from us for your own personal, private and domestic use.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are HarJam Innovations Limited a company registered in England and Wales. Our company registration number is 11037577 and our registered office is at Tithe Barn Business Centre, Court Road, Brockworth, Gloucester GL3 4QU.
2.2 How to contact us. You can contact us by writing to our Customer Services team at Hello@28DaySkin.com.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you. This might be because our product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
3.3 Your order details. The order details regarding your product order will be confirmed in writing to you, and if you have also set up a 28 Day Skin account, those details will be available to you via your Account. You will be able to log into your Account and access your details as follows:
– To access, see and change any of your personal details, including delivery address;
– To access and see your account and the payments you have made;
We do not hold or store your payment card details. Therefore to access these, and to see or make any changes please go to your Account.
3.4 Your Customer Number. If you set up your own 28 Day Skin Account we will assign to you your own Customer Number which is used by us to fulfill your various orders. We will also use your Customer Number to tell you when we accept your orders. It will help us if you can confirm your Customer Number whenever you contact us should you have queries about your orders and products.
3.5 Your 28 Day Skin Account (your Account). Your Account is personal to you and for your own use alone. You are solely responsible for keeping your account, log in details and password top secret and confidential, and to prevent others getting unlawful access to it. You are therefore also solely responsible for:
3.5.1 managing your Account and anything that you do within your Account, such as changing details;
3.5.2 restricting access to your computer and/or such other device that you use to access your Account;
3.5.3 making sure that all of the information that is in your Account is true, accurate and kept up to date;
3.5.4 any and all activity occurring in your Account and especially for any new products that are ordered.
3.6 What you promise to us. You confirm and warrant that all the information that you use to create and register your Account is true and accurate to the best of your knowledge and belief.
3.7 In order to register for your Account you must be an individual and agree to comply with these Conditions. By creating your Account, you are confirming that you are either 16 years of age or older, and you will need to provide the following:
3.7.1 your name;
3.7.2 your appropriate and current email address that is to be used;
3.7.3 your preferred delivery address; and
3.7.4 your payment card details, including billing address.
3.8 If you find out that someone has unlawfully accessed your Account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your Account or if you otherwise become aware of any unauthorised use of your Account or you become aware of some other security breach that may risk an unlawful attempt to access your Account.
3.9 What we will not be liable for. We will not be held liable for any loss or damage that you may suffer as a result from your failure to take those steps as set out in clauses 3.5 and 3.8.
3.10 When we may cancel your Account. We reserve the right to cancel your Account at any time, for example if we determine in our own reasonable opinion unauthorised access to your Account has occurred or that the delivery service in your area is too unreliable.
3.11 Refusing Applications. In any event we reserve our right to use our absolute discretion to refuse any application made by a consumer to sign up to an Account for any reason whatsoever.
4. OUR 28 DAY SKIN PRODUCTS
4.1 The 28 Day Skin Products. The images of the products on our website are to help you understand what you will be purchasing. Please note that our 28 Day Skin Treatment Plan is a bespoke acne treatment program and includes products that are not available for individual purchase on our Website.
4.2 We only sell to customers who live in the United Kingdom and Europe. We do not currently accept orders from addresses outside of the United Kingdom or Europe, but we will endeavor to do so as soon as we can. Further delivery conditions are set out below.
4.3 Freebie gifts and promotional products. From time to time we will wish to look after and reward our loyal customers with additional and/or promotional items. We reserve the right to change or withdraw these offers at any time.
5. PRICE AND PAYMENT
5.1 Where to find the price for the 28 Day Skin Products. The price (which includes VAT where applicable) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the prices of the 28 Day Skin products are correct. However please see clause 5.3 for what happens if we discover an error in the price when you order.
5.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the 28 Day Skin products, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
5.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
5.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and if necessary we will issue a corrected version to you. Email us at Hello@28DaySkin.com.
5.5 Pricing and costs of our 28 Day Skin products. All pricing and costs related to our 28 Day Skin products is as stated on our Website from time to time (“Prices”). Prices stated include VAT where applicable and also include delivery charges.
5.6 When you must pay and how you must pay. We will accept payment with most credit cards. These may of course change from time to time. You must pay for goods, which are the products, before we dispatch them and we will charge your credit or debit card before we dispatch the products to you.
5.7 Availability of access to your Account. You will access your Account via our Website and whilst we will wish to provide to you the best service possible, we make no promise that website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us at Hello@28DaySkin.com in the first instance and we will attempt to correct the fault as soon as we reasonably can. Please do however be aware of clause 5.8 below.
5.8 Repairs, maintenance and other unscheduled changes. Your access to our Website and your Account may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Services will resume as soon as reasonable and practicable. In the event that access to your Account is unavailable, our usual order and cancellation deadlines apply, therefore please notify us of any changes to your order via email at Hello@28DaySkin.com.
5.9 Payment times will vary in the approach to a bank holiday, when payment may be taken up to seven days earlier.
5.10 If your payment details change, your card provider may provide updated card details. These new details may be used for your future orders in order to help prevent any interruption to your order. Please let us know if you would prefer to opt out from this service by contacting us at Hello@28DaySkin.com.
5.11 Some of our products are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the Prices at any time. We agree to notify you at least 30 days in advance of any change in Prices. Please note that you can cancel at any time in accordance with clause 9 below.
5.12 Upon initial registration of your Account, or upon any reactivation of your Account, or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and to help prevent fraud. This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a £0 or £1 charge on your account balance.
5.13 We are not responsible for banking charges. You agree not to hold us responsible for any banking charges that may be incurred due to payments in relation to your Account.
5.14 Product packaging may vary. The packaging of the products may vary from that shown in images on our Website. However, where significant changes are introduced by us we will aim to update the Website and images for your convenience.
6. NO CHANGES
Unfortunately you are currently unable to request changes to the ingredient components associated with our 28 Day Skin products. Nonetheless we are constantly expanding our product range to accommodate various customer preferences.
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to our products. We may change our products:
(a) to reflect changes in relevant laws and regulatory requirements that may arise or changes required by the Food Standards Agency; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of our products.
7.2 More significant changes to the products and these Conditions. In addition, as we informed you in the descriptions of products on our Website, we may make significant changes to these Conditions or our products, but if we do so we will notify you and you may then contact us to cancel your order before the changes take effect and receive a refund for any products paid for but not received.
8. PROVIDING OUR 28 DAY SKIN PRODUCTS TO YOU
8.1 Delivery and delivery costs. You will not be charged for delivery of products. Although we use Royal Mail from time to time, we do reserve the right to use alternative couriers (especially for European deliveries outside of the United Kingdom) without prior notification to you. Nonetheless, we dispatch products within three days of confirming your order. Actual delivery times may vary for customers depending on:
(i) when we accept your order;
(ii) your delivery address;
(iii) our stock availability; and
(iv) those circumstances outside of our control, including incidents that the courier experiences that affect delivery.
8.2 We are not responsible for delays outside our control. If our supply of our products is delayed by an event outside our control then 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 we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
8.3 If you are not at home when the product is delivered. If no-one is available at your address to take delivery of an order which cannot be posted through your letterbox, the courier that we use should leave you a note informing you of how to collect your delivery from a local depot. Please note that many of our products are post-box friendly!
8.4 When you become responsible for the goods. 28 Day Skin products are goods that will be your responsibility from the time we deliver these products to the address you gave us. Where we use Royal Mail, they will hold the box for a number of days before returning it to us. Other couriers may make similar arrangements. Therefore it will be your responsibility to collect your orders from them. Should you not receive any order you must contact us at Hello@28DaySkin.com within 7 days of the expected delivery date to let us know of any lost or undelivered orders.
8.5 When you own goods. You own a product which are goods once we have received payment in full.
8.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name and home address. If so, this will have been requested on our website. If you do not give us this information, or if you give us incomplete or incorrect information, we may either cancel the order (and clause 11 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.7 Reasons we may suspend the supply of the 28 Day Skin Program to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) you do not pay for products (see clause 8.9 below).
8.8 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of any product, unless the problem is urgent or an emergency. If we have to suspend any product we will either adjust the price so that you do not pay for products while they are suspended or provide an equivalent alternative product to you. You may contact us to cancel the order if we suspend it and the supply of products, or tell you we are going to suspend supply, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for products not received by you.
8.9 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 5.6) and you still do not make payment within 5 days of us reminding you that payment is due, we may cancel supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you have a genuine dispute with an unpaid invoice (see clause 5.3). We will not charge you for the products during the period for which they are suspended.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 13;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these Conditions which you do not agree to (see clause 7.2);
(b) we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind as a consumer (Consumer Contracts Regulations 2013). As you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Conditions (below).
Your rights under the Consumer Contracts Regulations 2013:
Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.
Consumer to pay costs of return.
9.4 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered:
(a) Where you have bought goods (for example, serums, BHAs, and moisturisers)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
9.5 When our consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) those products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(b) any products which become mixed inseparably with other items after their delivery.
9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
10.1 Tell us you want to cancel your order. To end the contract with us, please let us know by contacting us at Hello@28DaySkin.com.
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the products by posting them back to us at the address stated on the Returns Page at www.28dayskin.com/Returns. If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
Please do consider that in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.4 How we will refund you. If you are entitled to a refund under these Conditions we will refund you the price you paid for the products (and where appropriate including delivery costs), by the method you used for payment. However, we may make deductions from the price, as described below.
10.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page at www.28dayskin.com/returns for information about what handling is acceptable and examples;
(b) the maximum refund for cost of return will be the cost of return by the least expensive delivery method available.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, See our Returns page at www.28dayskin.com/returns.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your confirmation of your preferred delivery address within the United Kingdom or your preferred address within Europe;
(c) you do not, within a reasonable time, allow us to deliver the products to you;
(d) you do not, within a reasonable time, allow us access to your premises to deliver the products to you;
(e) we believe that you are in breach of any of these Conditions;
(f) we believe that you are re-selling products.
11.2 If we are unable to fulfill the order due to an event outside of our control we will cancel the contract. We will contact you as soon as we can and are able to, should something happen where we are unable to fulfill an order to you because of some event outside of our control, including without limitation any technical error, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, war or similar force majeure event. In such an event clause 8.2 will apply.
11.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a reasonable percentage of the Prices as calculated depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
12. IF THERE IS A PROBLEM WITH ANY OF THE PRODUCTS
How to tell us about problems. If you have any questions or complaints about any product, please contact us. You can telephone our customer service team at 01452 905241 or write to us at Hello@28DaySkin.com.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
13.1 If you are a consumer we are under a legal duty to supply products that are in conformity with these Conditions. See the box below for a summary of your key legal rights in relation to the products. Nothing in these Conditions will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Because the products are goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
13.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01452 905241 or email us at Hello@28DaySkin.com for a return label or to arrange collection.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 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; for breach of your legal rights in relation to the products as summarised at clause 13.1; and for defective products under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. If you are a consumer we only supply the products to you for your own personal, domestic and private use. If you use the products for any commercial, business or re-sale purpose we shall have no liability for any business loss.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our www.28dayskin.com/privacy-cookies.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Conditions to another organisation.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. However, if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts; and 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.
16.7 We aim to be Giving, Green and Good: Our 3G Ethos: We wish and aim to be an early adopter and ethically conscious company. Therefore, over time will adopt numerous policies in connection with charitable donations, environmental aims, and ethically-conscious standards which we will review and may revise from time to time and where appropriate further enhance these policies as the world evolves. Our 3G Ethos can be found at www.28dayskin.com/3GEthos.