PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR RIGHTS OF RETURN AND CANCELLATION IN CLAUSE 7
1. OUR CONTRACT
1.1 These Terms and Conditions govern the supply of goods sold by Soapness.co.uk, an online brand and trading name of Net Brands Ltd (No. 11374961) of 130 Old Street, London, EC1V 9BD (we and us) to the customer (you).
1.2 All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) by delivery of the goods to you; or (ii) by providing the goods you have purchased to you at the trade counter, at which point a legally binding contract is constituted between you and us.
1.3 The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
1.4 Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
2. YOUR STATUS
2.1 By placing an order with us, you warrant that:
2.2 You are legally capable of entering into binding contracts; and you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing your order for Products, if you have provided us with an email address you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted and does not form a binding contract. Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us. We will notify you where Products may not be available. Your order is accepted and a contract is formed between Soapness.co.uk and you when the products are made available to you.
3.2 Your Contract with us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available. We reserve the right, at our discretion, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
4. AVAILABILITY AND DELIVERY
4.1 The route and the method by which we transport your Shipment shall be at our sole discretion. We will use third party carriers to fulfil our delivery obligations to you. Delivery times are outlined below:
UK 2nd class delivery (Royal Mail 48) Approx. 3-4 working days
UK 1st class delivery (Royal Mail 24) 1-2 working days
UK Courier Next working day (for orders placed before 1pm)
Rest of Europe, Royal Mail Up to 14 working days
Courier to Rest of Europe Approx. 3-4 working days
Rest of World, Royal Mail Up to 21 working days
Courier to Rest of World Approx. 3-4 working days
*Except for occasional specific promotions.
4.2 Most orders to the UK are received within 3-4 working days, however, we ask that you allow up to 7 working days before contacting us for issue of a replacement.
4.3 If we are unable to make a Delivery of Products because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the Shipment to the correct address although additional charges may apply.
4.4 Where our carrier is unable to complete the Delivery of Products for whatever reason they will try to leave a notice at the receiver's address stating that Delivery of Products has been attempted and the whereabouts of the Shipment.
5. RISK AND TITLE
5.1 For UK deliveries
I. Products will be at your risk from the time they are delivered to you for UK deliveries. Alternatively, you may arrange to collect the Products in the warehouse in the UK by calling us on +44 (0) 203 355 6668.
II. Title to the Products will pass to you when the goods are delivered to you (or when you collect them), provided we have received full payment of all sums due in respect of the Products by that time (if such payment has not been received at that time, title to the Products will only pass when we receive such payment).
III. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, or deliver your Shipment as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing.
5.2 For non-US and non-UK deliveries
I. You are deemed to be the importer of Products and must comply with all the laws and regulations of the country of import. Products will be at your risk from the time they are delivered to you. Alternatively, you may arrange to collect the Products in the warehouse in the UK by calling us on +44 (0) 203 355 6668.
II. Title to the Products will pass to you when the goods are delivered to you (or when you collect them), provided we have received full payment of all sums due in respect of the Products by that time (if such payment has not been received at that time, title to the Products will only pass when we receive such payment).
III. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, or deliver your Shipment as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing
5.3 For US deliveries
I. You are deemed to be the importer of the Products and must therefore comply with all the laws and regulations of the United States.
II. Products will be at your risk from the time they are allocated to you in the warehouse in the UK.
III. Title to the Products will pass to you when they are allocated to you in the warehouse in the UK, provided we have received full payment of all sums due in respect of the Products by that time (if such payment has not been received at that time, title to the Products will only pass when we receive such payment).
6. PRICE AND PAYMENT
6.1 The price of any Products will be as quoted on our website, in our catalogue and in promotional material, except in cases of obvious error. All VAT will be included in the final price where applicable.
6.2 Prices of Products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
7. OUR REFUNDS AND NO QUIBBLE GUARANTEE POLICY
7.1 We guarantee your satisfaction with our Products and if, for any reason, you are not satisfied with our Product(s), we offer a ‘no quibble' refund or exchange policy.
7.2 You may cancel a Contract at any time provided that the Products have not passed their sell-by-date. In this case, you will receive a refund of the price paid for the Products in accordance with our refunds policy. This provision does not affect your statutory rights.
7.3 You can also cancel your order by calling us on +44 (0) 203 355 6668. If you are returning a product, please email or call our Customer Services Team help@soapness.co.uk and they will send you a postage-paid returns label. Products returned by you for any reason will be refunded in full as part of our no-quibble guarantee.
7.4 The amount we will refund to you will be the price you paid for the Product(s). We will also refund any delivery costs you have paid to Soapness.co.uk for delivery. When you return Products to us we will process the refund due to you as soon as possible and, in any event, within 14 days after the day on which we receive the Product back from.
8. OUR LIABILITY
8.1 We warrant to you that any Product purchased from us is of satisfactory quality. We are under a legal duty to supply Products to consumers that are in conformity with the Contract and will be liable for any defective goods as required by law.
8.2 Our liability in connection with any Product purchased through our Site is strictly limited to the purchase price of that Product and the refund of any additional delivery charges paid to Soapness.co.uk.
8.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or for fraud, or your statutory rights as a consumer.
8.4 We accept no liability for any loss or damage caused by us or our employees or agents:
I. Where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
II. Where such loss or damage is not a reasonably foreseeable result of any such breach;
for any increase in loss or damage resulting from breach by you of any terms of this contract.
8.5 For deliveries outside the UK we assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures and embargoes.
9. IMPORT DUTIES AND TAXES
9.1 If you contract with us for purchase and delivery of Products and those Products are delivered to a final destination outside the European Union, the Products may be subject to import duties and taxes which will be levied when the Products reach the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 Please also note that you must comply with all applicable laws and regulations of the country into which you import the Products. We will not be liable for any breach by you of any such laws.
10. LOCAL LAWS APPLICABLE TO THE PRODUCTS
10.1 For products delivered outside the UK, please also note that you must comply with all applicable laws and regulations of the country into which you import the Products. We will not be liable for any breach by you of any such laws. This relates to import duties and taxes applicable outside the UK and the legality of the product to be imported, sold or consumed in another country.
11. WRITTEN COMMUNICATIONS
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. There will be occasion where we need to contact you in writing or via email, even if you have opted out of being contacted by us. If you have opted out of our mailings or emails, we will only contact you if the matter concerns our service, not for marketing purposes. For contractual purposes, you agree to this communication and you acknowledge that all contracts, notices, information and other communications that we provide to you comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.2 Where appropriate, Soapness.co.uk reserve the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.
12. SOAPNESS WEBSITE – TERMS OF USAGE
12.1 These terms and conditions also set forth the legally binding terms for your use of our website www.soapness.co.uk (our “Site”). Only private individuals aged 18 years or over are permitted to register for use of the Site. By using the Site you agree to be bound by these terms and conditions of use. If you do not agree with these terms and conditions of use, you should leave the Site immediately.
12.2 Soapness.co.uk aims to provide up to date and accurate information on its website. However there can be no guarantee as to the accuracy of the information on the Site.
12.3 Our Privacy Policy sets out how we intend to collect and use any personal information on this Site. “Personal information” as used here and in our Privacy Policy means information relating to you as an individual such as name, address and contact details. By becoming a registered user or using this Site, you are agreeing to the terms of this Policy and consent to the processing of personal information as described; if you do not agree with any of these terms, you should not become a registered user and should cease using the Site immediately. We will assume that you accept our Privacy Policy if you use this Site. We reserve the right to change this policy at any time by amending the Site content. Your continued use of the Site will be deemed to be acceptance of these changes.
12.4 Your data or information generated from the usage of our Site may be transferred, sold or assigned to another third party as the result of a sale, transfer of business, merger, reorganisation, liquidation or change in control of Net Brands Limited and its online brands and websites.
12.5 The name Soapness referred to in this section – Website – terms of usage should be read as referring to legal entity companies which are subsidiaries or sub-subsidiaries of Net Brands Limited, through which trading is conducted or services are supplied.
13. MODIFICATION
13.1 We may modify these terms and conditions of use from time to time and such modification shall be effective upon posting on the Site. By continuing to use the Site, you agree to be bound by these terms and conditions as amended.
14. YOUR ACCOUNT AND PASSWORD
14.1 When you set up an account with us, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another registered user at any time or to disclose your password to any third party. You agree to notify us immediately by emailing help@soapness.co.uk if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
15. PROPRIETARY RIGHTS IN CONTENT ON THE WEBSITE
15.1 The Site contains content owned by us (“Content”). The Content is protected by copyright, trademark, patent, trade secret and other laws and we retain all rights in the Content and the Site. We hereby grant you a limited, revocable, non-sub licensable license to retrieve and display the Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Site and place orders via the Site. You may retrieve and display the content of www.soapness.co.uk on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or Content on www.soapness.co.uk without prior written permission from Soapness.co.uk. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us or for which we may become liable for (including but not limited to), all damages awarded against us under any judgment by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
15.2 Any claim by any third party that the use of www.soapness.co.uk by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of www.soapness.co.uk by you infringes that third party's copyright or other intellectual property rights of whatever nature;
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of www.soapness.co.uk by you;
or other than claims arising from the use by you of the Site to order Product(s) in the normal manner.
15.3 The Site also contains content owned by other licensors to us (“Third Party Content”). You may not unless and to the extent otherwise specifically authorised by us copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display or sell any content appearing on or through the Site. You may retrieve and display content from the Site on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal non-commercial use to the extent necessary to view the Site and make reasonable use of the Site.
16. CONTENT/ACTIVITY PROHIBITED
16.1 The following is a partial list of the kind of activity that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
16.2 Criminal activity or any tortious act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
covering or obscuring the banner advertisements on any page on the Site via HTML/CSS or any other means; any automated use of the system such as using scripts to perform automated operations; interfering with, disrupting or creating an undue burden on the Site or the networks or services connected to the Site; attempting to impersonate another user or person;using the account or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account; using any information obtained from the Site to harass, abuse, or harm another person;
using the Site in a manner inconsistent with any and all applicable laws and regulations;
modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this; making available or uploading files that contain software or other material, data or information not owned or licensed to you or collecting information about others (e.g. names/addresses) without their prior consent; gaining unauthorised access to other computer systems; breaching any laws concerning the use of public communication networks; making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner; making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software; falsifying the true ownership of software or other material or information contained in files made available via the Site; or obtaining or attempting to obtain unauthorised access, through whatever means, to the Site or computer systems or areas of our or any of our partners' networks which are identified as restricted; disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;interfering with any other person's use or enjoyment of www.soapness.co.uk; or interfering or disrupting networks or websites connected to www.soapness.co.uk.
17. DISCLAIMERS
17.1 The Site may contain links to other websites but we are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on the Site, nor do we take any responsibility for the goods or services provided by its advertisers. We accept no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content provided through the Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to users or to any person's computer related to, or resulting from, participation or downloading materials in connection with the Site. Under no circumstances shall we be responsible for any loss or damage resulting from use of the Site, from any content posted on or through the Site, or from the conduct of any users of the Site, whether online or offline. The Site is provided “AS-IS” and as available and we make no representations or warranties of any kind as to the Site or the content thereof, including without limitation, as to availability of the Site for access and use. Also your access to the Site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities. We will attempt to limit the frequency and duration of any such suspension or restriction. In particular, we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site. Nothing in these terms and conditions shall be construed as limiting or excluding our liability for death or personal injury caused by negligence.
18. INDEMNITY
18.1 You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Site in violation of these terms and conditions and/or arising from your use of or conduct on the Site and/or a breach of these terms and conditions.
19. NOTICES
19.1 All notices given by you to us must be given to Net Brands Limited at 130 Old Street, London, EC1V 9BD or help@soapness.co.uk . 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 to have been 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.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The Contract is binding on you and us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
21.3 Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22. WAIVER
22.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
22.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
24. ENTIRE AGREEMENT
24.1 These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2 You and we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
24.3 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
24.4 The headings in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law.
24.5 If any provision of these terms and conditions is found to be unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 We have the right to revise and amend these terms and conditions from time to time.
25.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
26. MEDICAL
26.1 Our Products are not intended to treat, cure or prevent any disease, nor is the information supplied in our websites/magazine/catalogue or other promotional material intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking our Products. If you experience an adverse reaction, stop taking our Products and seek medical advice.
27. LAW AND JURISDICTION
27.1 Contracts for the purchase of Products through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
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