Terms and Conditions
Background:
This agreement applies as between you, the User of this Web Site and Dr. Tuhin Dev Skin Care Ltd, the owner(s) of this Web Site. Your agreement to
comply with and be bound by these Terms and Conditions is deemed to occur
upon your first use of the Web Site. If you do not agree to be bound by
these Terms and Conditions, you should stop using the Web Site immediately.
If you are a business, different Terms and Conditions will apply. Please
contact us to set up a business account. No part of this Web Site is
intended to constitute a contractual offer capable of acceptance. However
your order constitutes a contractual offer and our acceptance of that offer
is deemed to occur upon our sending a dispatch email to you indicating that
your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation In this Agreement the following terms
shall have the following meanings:
"Account" means collectively the personal information, Payment Information
and credentials used by Users to access Paid Content and/or any
communications System on the Web Site
"Carrier" means any third party responsible for transporting purchased Goods
from our Premises to customers
"Content" means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Web Site
"Goods" means any products that Dr. Tuhin Dev Skin Care Ltd advertises and /
or makes available for sale through this Web Site
"Dr. Tuhin Dev Skin Care Ltd" means Dr. Tuhin Dev Skin Care Ltd, registered
address: 46 St Ina Road, Heath, Cardiff. CF14 4LT. United Kingdom. Company
Number 6107258. VAT Registration Number 885 7714 67.
"Service" means collectively any online facilities, tools, services or
information that Dr. Tuhin Dev Skin Care Ltd makes available through the Web
Site either now or in the future.
"Payment Information" means any details required for the purchase of Goods
from this Web Site. This includes, but is not limited to, credit / debit
card numbers, bank account numbers and sort codes.
"Purchase Information" means collectively any orders, invoices, dispatch
notes, receipts or similar that may be in hard copy or electronic form.
"System" means any online communications infrastructure that Dr. Tuhin Dev
Skin Care Ltd makes available through the Web Site either now or in the
future. This includes, but is not limited to, web-based email, message
boards, live chat facilities and email links.
"User"/"Users" means any third party that accesses the Web Site and is not
employed by Dr. Tuhin Dev Skin Care Ltd and acting in the course of their
employment and
"Web Site" means the website that you are currently using
(www.drtuhindev.co.uk) and any sub-domains of this site, unless expressly
excluded by their own terms and conditions.
2. Age Restrictions
No person under the age of 18 years may purchase goods from this website.
3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the
course of business. If you are a business customer, please go to 'Trade
Zone' and download the Business to Business Terms and Conditions.
Alternatively you may call our office telephone 0845 5210 299 or send us an
email at info@drtuhindevskincare.co.uk for more information.
4. International Customers
If Goods are being ordered outside THE UNITED KINGDOM, Dr. Tuhin Dev Skin
Care Ltd’s country of residence, import duties and taxes may be incurred
once your Goods reach their destination. Dr. Tuhin Dev Skin Care Ltd is not
responsible for these charges and we undertake to make no calculations or
estimates in this regard. If you are buying internationally, you are advised
to contact your local customs authorities for further details on costs and
procedures. As the purchaser of the Goods, you will also be the importer of
record and as such should ensure that your purchase is in full compliance
with the laws of the country into which the Goods are being imported. Please
be aware that Goods may be inspected on arrival at port for customs purposes
and Dr. Tuhin Dev Skin Care Ltd cannot guarantee that the packaging of your
Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all
Content included on the Web Site, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video
clips, data compilations, page layout, underlying code and software is the
property of Dr. Tuhin Dev Skin Care Ltd, our affiliates or other relevant
third parties. By continuing to use the Web Site you acknowledge that such
material is protected by applicable United Kingdom and International
intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Web Site unless otherwise
indicated on the Web Site or unless given express written permission to do
so by Dr. Tuhin Dev Skin Care Ltd.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images
and descriptions belong to the manufacturers or distributors of such
products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in
any other fashion re-use such material unless otherwise indicated on the Web
Site or unless given express written permission to do so by the relevant
manufacturer or supplier.
7. Fair Use of Intellectual Property Material from the Web Site may be
re-used without written permission where any of the exceptions detailed in
Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Web Sites This Web Site may contain links to other sites.
Unless expressly stated, these sites are not under the control of Dr. Tuhin
Dev Skin Care Ltd or that of our affiliates. We assume no responsibility for
the content of such web sites and disclaim liability for any and all forms
of loss or damage arising out of the use of them. The inclusion of a link to
another site on this Web Site does not imply any endorsement of the sites
themselves or of those in control of them.
9. Links to this Web Site Those wishing to place a link to this Web Site on
other sites may do so only to the home page of this site
www.drtuhindev.co.uk without prior permission. Deep linking (i.e. links to
specific pages within this site) requires the express permission of Dr.
Tuhin Dev Skin Care Ltd. To find out more please contact us by e-mail at
info@drtuhindevskincare.co.uk or by telephone +44 (0) 845 5210 299.
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Web Site you
should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite
violence;
10.1.4 It is advised that submissions are made using the English language as
we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these terms
of use or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and
representatives of Dr. Tuhin Dev Skin Care Ltd or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication such
as "spam" or "junk mail"
10.2 You acknowledge that Dr. Tuhin Dev Skin Care Ltd reserves the right to
monitor any and all communications made to us or using our System.
11. Accounts
11.1 In order to purchase Goods on this Web Site you are required to create
an Account which will contain certain personal details and Payment
Information which may vary based upon your use of the Web Site as we may not
require payment information until you wish to make a purchase. By continuing
to use this Web Site you represent and warrant that:
11.1.1 all information you submit is accurate and truthful
11.1.2 you have permission to submit Payment Information where permission
may be required and
11.1.3 you will keep this information accurate and up-to-date. Your creation
of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details,
particularly your username and password. Dr. Tuhin Dev Skin Care Ltd accepts
no liability for any losses or damages incurred as a result of your Account
details being shared by you. If you use a shared computer, it is recommended
that you do not save your Account details in your internet browser, and
always sign out before leaving it unattended.
11.3 If you have reason to believe that your Account details have been
obtained by another without consent, you should contact Dr. Tuhin Dev Skin
Care Ltd immediately to suspend your Account and cancel any unauthorised
purchases that may be pending. Please be aware that purchases can only be
cancelled before they are dispatched. In the event that an unauthorised
purchase is dispatched prior to your notifying us of the unauthorised nature
of the purchase, Dr. Tuhin Dev Skin Care Ltd accepts no liability or
responsibility and you should make contact with the Carrier detailed in the
Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set
out above in Clause 10. Any failure to do so could result in the suspension
and/or deletion of your Account.
12. Termination and Cancellation
12.1 Either Dr. Tuhin Dev Skin Care Ltd or you may terminate your Account.
If Dr. Tuhin Dev Skin Care Ltd terminates your Account, you will be notified
by email and an explanation for the termination will be provided.
Notwithstanding the foregoing, we reserve the right to terminate without
giving reasons.
12.2 If Dr. Tuhin Dev Skin Care Ltd terminates your Account, any current or
pending purchases on your Account will be cancelled and will not be
dispatched.
12.3 Dr. Tuhin Dev Skin Care Ltd reserves the right to cancel purchases
without stating reasons, for any reason prior to processing payment and
dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be
refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be
cancelled and you will be refunded any monies paid in relation to those
purchases.
13. Goods and Availability
13.1 Whilst every effort has been made to ensure that all graphical
representations and descriptions of Goods available from Dr. Tuhin Dev Skin
Care Ltd correspond to the actual Goods, Dr. Tuhin Dev Skin Care Ltd is not
responsible for any variations from these descriptions. This does not
exclude our liability for mistakes due to negligence on our part and refers
only to variations of the correct Goods, not different Goods altogether.
Please refer to Clause 15.1 for incorrect Goods.
13.2 Dr. Tuhin Dev Skin Care Ltd does not represent or warrant that such
Goods will be available. Stock availability are provided on the Web Site.
Dr. Tuhin Dev Skin Care Ltd will try to ensure that products displayed in
the website are usually in stock. If for any reason a product becomes
unavailable between an order being placed and the order being processed, we
will contact you as soon as possible with alternative arrangements.
14. Pricing
14.1 All pricing information on the Web Site is correct at the time of going
online. Dr. Tuhin Dev Skin Care Ltd reserves the right to change prices and
alter or remove any special offers from time to time and as necessary. All
pricing information is reviewed and updated regularly.
14.2 In the event that prices are changed during the period between an order
being placed for Goods and Dr. Tuhin Dev Skin Care Ltd processing that order
and taking payment, we will honor the original price at which the goods were
ordered. Any future orders will be payable at the new price.
14.3 All prices on the Web Site do include VAT. Dr. Tuhin Dev Skin Care
Ltd’s VAT number is 885 7714 67.
15. Delivery / Delivery Option
15.1 Dr. Tuhin Dev Skin Care Ltd will notify you by way of email when your
goods are to be dispatched to you. The message will contain details of
estimated delivery times in addition to any reasons for a delay in the
delivery of the Goods purchased by you.
15.2 We deliver our goods to addresses within the United Kingdom (UK), to
the United States of America (USA) and to the countries listed at in the
drop down 'country list' at stage 1 of 2 of the checkout process. We
currently do not deliver goods to countries not in the list.
15.3 Within the UK, Customers of this website will have the option to choose
from 2 delivery options.
1. Standard Recorded delivery (3-8 days) for £3.60 (This could be made £0.00
during certain promotions).
2. Guaranteed next working day delivery for £10.00 (Guaranteed next working
day delivery means that orders placed before 12pm on Monday – Thursday, will
be delivered the next day provided it is a working day for Royal Mail.
Orders placed on Saturday will arrive on Tuesday).
15.4 Deliveries Outside the UK, For all deliveries outside the United
Kingdom goods will be sent by standard recorded delivery.
1. Delivery of goods to the USA for £12.95
2. Delivery of good to Europe for £12.95 (only to the countries in the
country list)
3. Delivery of good to the Rest of the World for £12.95. (only to countries
in the country list)
15.5 Goods will be sent by either Royal Mail Airsure Signed for, or
Interlink Direct Signed for. Goods are usually dispatched within 24 hours of
payments being cleared. We cannot guarantee the exact delivery times for
international orders. If you do not receive your goods 28 days from date of
order please do contact us at sales@drtuhindevskincare.co.uk or telephone
+44 (0)845 5210 299.
15.6 If Dr. Tuhin Dev Skin Care Ltd receives no communication from you,
within 7 days of delivery, regarding any problems with the Goods, you are
deemed to have received the Goods in full working order and with no
problems.
16. Returns Policy
Dr. Tuhin Dev Skin Care Ltd aims to always provide high
quality Goods that are fault free and undamaged. On occasion however, goods
may need to be returned. Returns are governed by these Terms and Conditions.
Before returning goods, you are required to contact us either by telephone
0845 5210 299 or by e-mail (info@drtuhindevskincare.co.uk) to get a returns
reference number. This will help us identify you and the goods that you are
returning. You will need to include this returns number when sending back
the goods to us. We will refund your money within 30 days of informing us.
16.1 If you receive Goods which do not match those that you ordered, unless
accompanied by an explanatory note detailing the changes, stating reasons
for the changes and setting out your options, you should contact us
immediately but no later than 48 hours after delivery to arrange for their
return to us. Dr. Tuhin Dev Skin Care Ltd is responsible for paying shipment
costs. You will be given the option to have the Goods replaced with those
ordered (if available) or to be refunded through the payment method used by
you when purchasing the Goods. Refunds and replacements will be issued upon
our receipt of the returned Goods.
16.2 If any Goods you have purchased have faults when they are delivered to
you, you should contact Dr. Tuhin Dev Skin Care Ltd as soon as possible, but
no later than 48 hours after delivery to arrange their return. Dr. Tuhin Dev
Skin Care Ltd is responsible for paying shipment costs. Goods must be
returned in their original condition with all packaging and documentation.
Upon receipt of the returned Goods, the price of the Goods, as paid by you,
will be refunded to you through the payment method used by you when
purchasing the Goods.
16.3 If Goods are damaged in transit and the damage is apparent on delivery,
you should sign the delivery note to the effect that the goods have been
damaged. In any event, you should report such damage to Dr. Tuhin Dev Skin
Care Ltd as soon as possible, but no later than 48 hours after delivery to
arrange their return. Dr. Tuhin Dev Skin Care Ltd is responsible for paying
shipment costs. Upon receipt of the returned Goods, the price of the Goods,
as paid by you, will be refunded to you through the payment method used by
you when purchasing the Goods, and the cost of shipment will be refunded.
16.4 You have a statutory right to a "cooling off" period. If you bought the
goods through this website as a consumer, you may cancel your order at any
time before we dispatch your order or before the expiry of 7 working days
from the date you receive your order, not including the day you received it.
If you change your mind about the goods within this period, please contact
our office by telephone +44(0) 0845 5210 299 or by email
(info@drtuhindevskincare.co.uk) to arrange for the goods to be returned to
Dr. Tuhin Dev Skin Care Ltd within 7 days of receipt. Goods can only be
returned for this reason if their packaging remains unopened and the Goods
can be re-sold, as new, without any additional work on the part of Dr. Tuhin
Dev Skin Care Ltd. You are responsible for paying shipment costs if Goods
are returned for this reason.
16.5 If you wish to return Goods to Dr. Tuhin Dev Skin Care Ltd for any of
the above reasons, please contact us using the details on 'contact' page to
make the appropriate arrangements.
17. Privacy
Use of the Web Site is also governed by our Privacy Policy,
which is incorporated into these terms and conditions.
17.1 Consent:
When you visit this website and register as a member,
subscribe to our newsletter or place an order through this website, you
consent to the collection, storage and processing of your personal
information.
17.2 What do we collect and Store:
Your privacy is of outmost importance to
us. All your information is collected lawfully and in compliance with the
Data Protection Act 1998. The only personal information that we collect is
the information that you give us when you register, subscribe to our news
letter and when you place an order. We use that information to process your
order and personalise your experience at our website. The information that
Dr. Tuhin Dev Skin Care Ltd will collect will generally include, name,
address, contact details (email, telephone, address).
17.3 We do not:
We do not store your card details or bank details. Under no
circumstances do we rent or sell your personal information to other
companies.
17.4 Security:
Appropriate measures of security are applied to protect your
personally identifiable information from loss, misuse, unauthorised access,
disclosure or alteration. We also use SSL certificate to make sure your
payment page during order is secure. You should notice a padlock in the top
right of your browser address bar. It is important to understand that no
internet or internet transmission is ever completely secure (such as from
hackers) or error free. Emails sent from us to you or from you to us
unlikely to be secure or encrypted. It is therefore important that you are
careful about the information you wish to transmit via your email to our
email.
17.5 Newsletter:
If you have opted to receive our newsletter, we will from
time to time send you e-mails about new products, sale offers which are
available on our website. You are however free to unsubscribe to our
newsletter at anytime.
17.6 Cookies:
We use cookies on our website to keep track of the various
contents in your shopping cart and your delivery address.
17.7 Links to External websites:
In the event that you use any link on our
website to go to another website, please be aware that your privacy will not
be protected under this policy. It is your duty to check that website's
Privacy Policy in question.
17.8 Contacting us:
You may contact us either by post, telephone or emails. The contact details
are given below:
Dr Tuhin Dev Skin Care Ltd.
Unit 28 Home Farm Business Park.
Easty Tytherley Road.
Lockerley,
Romsey.
Hampshire
SO51 0JT
United Kingdom.
By telephone: +44 (0) 845 5210 299
Via email:
a) If it is regarding an order placed on this website please send your
queries to: sales@drtuhindevskincare.co.uk
b) For all other general enquiries please send your email to:
info@drtuhindevskincare.co.uk
17.9 Changes to this Privacy Policy:
If we update or alter this Privacy
Policy, the latest version will be posted on this website. We therefore ask
you to review our privacy policy from time to time to keep yourself updated
of any changes to our Privacy Policy. This Privacy Policy was last updated
on 14th August 2009.
18. Disclaimers
18.1 Dr. Tuhin Dev Skin Care Ltd makes no warranty or representation that
the Web Site will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Services.
18.2 No part of this Web Site is intended to constitute advice and the
Content of this Web Site should not be relied upon when making any decisions
or taking any action of any kind.
18.3 No part of this Web Site is intended to constitute a contractual offer
capable of acceptance.
19. Changes to the Service and these Terms and Conditions
Dr. Tuhin Dev Skin Care Ltd reserves the right to change the Web Site, its Content or these
Terms and Conditions at any time. You will be bound by any changes to the
Terms and Conditions from the first time you use the Web Site following the
changes. If Dr. Tuhin Dev Skin Care Ltd is required to make any changes to
the Terms and Conditions relating to sale of Goods by law, these changes
will apply automatically to any orders currently pending in addition to any
orders placed by you in the future.
20. Availability of the Web Site
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. Tuhin Dev Skin Care Ltd accepts no liability for any disruption or
non-availability of the Web Site resulting from external causes including,
but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war
or legal restrictions and censorship.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, Dr. Tuhin Dev Skin Care Ltd
accepts no liability for any direct or indirect loss or damage, foreseeable
or otherwise, including any indirect, consequential, special or exemplary
damages arising from the use of the Web Site or any information contained
therein. Users should be aware that they use the Web Site and its Content at
their own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts Dr. Tuhin
Dev Skin Care Ltd' liability for death or personal injury resulting from any
negligence or fraud on the part of Dr. Tuhin Dev Skin Care Ltd.
21.3 Nothing in these Terms and Conditions excludes or restricts Dr. Tuhin
Dev Skin Care Ltd's liability for any direct or indirect loss or damage
arising out of the incorrect delivery of Goods or out of reliance on
incorrect information included on the Web Site. This clause specifically
excludes any responsibility by Dr. Tuhin Dev Skin Care Ltd's for any
consequential loss incurred in such circumstances.
21.4 Whilst every effort has been made to ensure that these terms and
conditions adhere strictly with the relevant provisions of the Unfair
Contract Terms Act 1977, in the event that any of these terms are found to
be unlawful, invalid or otherwise unenforceable, that term is to be deemed
severed from these terms and conditions and shall not affect the validity
and enforceability of the remaining terms and conditions. This term shall
apply only within jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these
Terms and Conditions and any prior versions thereof, the provisions of these
Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Notices
All notices / communications shall be given to us either by post
to our Premises (see address above) or by email to
info@drtuhindevskincare.co.uk. Such notice will be deemed received 3 days
after posting if sent by first class post, the day of sending if the email
is received in full on a business day and on the next business day if the
email is sent on a weekend or public holiday.
25. Law and Jurisdiction
These terms and conditions and the relationship
between you and Dr. Tuhin Dev Skin Care Ltd shall be governed by and
construed in accordance with the Law of England and Wales and Dr. Tuhin Dev
Skin Care Ltd and you agree to submit to the exclusive jurisdiction of the
Courts of England and Wales.
26. Changes to this Terms and Conditions:
If we update or alter this Terms
and Conditions, the latest version will be posted on this website. We
therefore ask you to review our Terms and Conditions from time to time to
keep yourself updated of any changes to our Terms and Conditions. This Terms
and Conditions was last updated on 14th August 2009.