Terms & conditions of use
INTRODUCTION
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Dr Ayanna Knight Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Dr Ayanna Knight Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Dr Ayanna Knight Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
WEBSITE TERMS OF SERVICE
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Dr Ayanna Knight Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Dr Ayanna Knight Ltd.
Prohibited use
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Privacy Policy and Cookies Policy
9. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please visit the following: www.skinbrighton.co.uk/privacy-policy and www.skinbrighton.co.uk/cookies-policy.
Availability of the Website and disclaimers
10. Any online facilities, tools, services or information that Dr Ayanna Knight Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Dr Ayanna Knight Ltd is under no obligation to update information on the Website.
11. Whilst Dr Ayanna Knight Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
12. Dr Ayanna Knight Ltd accepts no liability for any disruption or non-availability of the Website.
13. Dr Ayanna Knight Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
14. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
15. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
16. To the maximum extent permitted by law, Dr Ayanna Knight Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
General
17. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
18. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
19. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
20. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
21. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
22. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
23. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Dr Ayanna Knight Ltd details
24. Dr Ayanna Knight Ltd is a company incorporated in England and Wales with registered number 10072760 whose registered address is 26 Beaconsfield Road, Brighton, BN1 4QH and it operates the website www.skinbrighton.co.uk.
You can contact Dr Ayanna Knight Ltd by email on info@skinbrighton.co.uk.
STORE TERMS OF SERVICE
The price of any Products will be as quoted on our current Price List and Site, except in cases of obvious error. These prices include VAT where required. If applicable, delivery costs will be added to the total amount due once the Customer has selected the goods and a delivery service from the available options as set out in Delivery Information. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by cash paid directly to our place of business (cash payments will not be accepted via post) or bank transfer.
By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Dr Ayanna Ltd. contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product’s correct price is different from the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
When ordering Products for delivery outside the UK, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs officer for further information before placing your order. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. We will not be liable for any breach by you of any such laws. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
Any samples supplied to Customers are supplied solely for information and in no way impart any express or implied conditions or warranty as to qualify, description, fitness for purpose or merchantable quality and the Customer shall be deemed to have satisfied themselves as to such matters prior to receiving the goods.
Undeliverable Items
If your order requires a signature and there is no-one to sign for it then Royal Mail will leave a card and the package will be taken to the local collection depot. You can either arrange re-delivery at a more convenient time or collect it yourself, however if it is not collected or re-delivered within 14 days, it will be returned to us. We will treat this as a cancelled order and refund your cost minus our postage and handling costs. We cannot be held responsible if you have not been notified of an attempted delivery and would recommend checking with your local Royal Mail collection depot if you feel you should have received your order.
If your order does not require a signature, Royal Mail may leave your parcel with a neighbour under its delivery to neighbour scheme (http://www.royalmail.com/personal/receiving-mail/delivery-to-neighbour).
We also use other courier services and if an item is undeliverable, re-delivery will be attempted in the first instance or if this is not possible the order will be either sent to a local collection depot or returned to Us.
It is your responsibility to ensure that the delivery address is correct at the time of ordering and we cannot be held accountable for lost or undeliverable items due to incorrect address details. Undeliverable items which include the correct address details will be treated as a cancelled order and we will refund your cost minus our postage and handling costs. We are unable to claim against a loss with Royal Mail in the event of an incorrect address and therefore cannot refund or replace your order in these circumstances.
Dr Ayanna Knight Ltd. cannot be held responsible for any losses as a result of failure to deliver, delays in delivery time, no-one present to accept delivery or incorrect delivery details. We will endeavour to ensure that orders are delivered within the time specified when ordering, however, time for delivery will not be enforceable in these Terms & Conditions and the Customer shall not try and do so by the service of any notice or legal action.
Risk and Ownership
Once delivered, the Products ordered become the Customer’s responsibility and, except in relation to Products that are damaged or faulty or have been incorrectly delivered, We will not accept any liability for their loss, damage or destruction after they have been delivered.
Ownership of the Products will only pass to the Customer on delivery or collection of the Products and when We receive full payment of all sums due in respect of the Products including delivery charges where applicable. Until this time, the Customer is only acting as our fiduciary agent and shall not use, re-sell, purposely deface or damage or dispose of the Products, will take appropriate care and storage of the Products and will insure the Products against any losses or loss of value. If the Customer fails to comply with any of these conditions, full payment will become due with immediate effect. Any money or other gains the Customer has made, will be held by the Customer until such time they receive ownership of the Products or Services. If payment is not received by the due date, We reserve the right to request the immediate return of the Products or to enter the Customer’s premises or place of storage to take repossession.
Product Service and Availability
Any advice offered regarding any Product or Service is offered on the basis of any information provided. Advice will be limited to what is the appropriate Product for the user. Dr Ayanna Knight Ltd. does not accept any responsibility for any third party who uses the product on the basis of any recommendation or advice rendered for the user.
Our Liability
We shall not be liable to you for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network. Except as expressly provided, We disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill. The aggregate liability for Dr Ayanna Ltd. for whatever cause, including negligence and breach of contract, shall not exceed the cost paid for by the Customer in respect of the loss.
We will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with your use of Dr Ayanna Knight Ltd. for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits and business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
Notwithstanding any other provision, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
No liability will be accepted by Us where: (i) Products have not been appropriately stored or have been neglected or purposely damaged; (ii) the Customer has not retained the damaged Products for inspection by the courier or returned them to Dr Ayanna Knight where requested; (iii) the Customer has failed to notify Us within 24 hours after receiving the Products; (iv) the Customer has incurred loss or damage, however caused; (v) if the total price has not been paid.
All content of the Site and other documentation is for information purposes only and is not a substitute for professional advice, rather it is designed to support the Customer in helping them decide which Products may be suitable for them. The Customer should ensure that any Products or Services purchased from Dr Ayanna Knight Ltd. are used in an appropriate manner. You should make sure that you carefully read all product packaging and labels prior to use. The Customer agrees to correct storage and usage of Products to ensure no harm arises as a result of their use and to comply with the use by date of Products.
Specifications
Dr Ayanna Knight Ltd. warrants that all Products and Services provided by Us, will meet the specifications required for that Product or Service including appropriate storage and usage instructions and delivery specifications. It is the responsibility of the Customer to do the same, and no warrant or guarantee can be given by Us in the event that the Customer fails to meet the specifications. We will provide the Customer with all required specifications prior to ordering in order for the Customer to fulfil its obligations. Information provided to the Customer on our Site, in our Price List or by other correspondence regarding dimensions, weights, design and specifications are approximate only and We have no liability in respect of them. Dr Ayanna Knight LTD may make changes in the specifications of Products or Services to comply with health and safety or any other statutory requirements at our discretion, if there is a material change in Products or Services, this will be confirmed with the Customer prior to order confirmation. It is the responsibility of the Customer to ensure Products and Services are used appropriately and are fit for purpose and We accept no liability for this. If Products are used off-license or off-label, this is solely the responsibility of the Customer and Dr Ayanna Knight Ltd. is unable to condone such usage and accepts no responsibility or liability if this occurs.
Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using www.skinbrighton.co.uk, you accept that communication with us will be mainly electronic. We may therefore communicate with you by email or provide you with information by posting notices on our Site. For contractual purposes, you consent to receive communications from Us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may give notice to you at either the e-mail or postal address you provide to Us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.