Terms & Conditions

ACCEPTANCE OF THE TERMS AND CONDITIONS

These are the terms and conditions (“Terms”) which govern your use of this website and any subsequent purchase made through it. This website is owned and operated by The Wildsmith Collection Limited (trading as “Wildsmith Skin”), a company registered in England and Wales under company number 10113392, with registered office at St Bride’s House, 10 Salisbury Square, London, EC4Y 8EH and VAT number 239559563.

By accessing this website and/or placing an order for products or services, you agree that these Terms will, together with the order, as accepted by us, constitute the whole contract between you and us.

These Terms set out your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.

If you have any queries about these Terms, please email [email protected].

 

AMENDMENT TO THE TERMS AND CONDITIONS
You can review the most current version of these Terms at any time by re-visiting this website.

We reserve the right to amend these Terms from time to time to comply with law or to meet our changing business requirements. Any amendments to these Terms will apply to any order placed after the amended Terms come into effect by being posted on this website.

DEFINITIONS AND APPLICATION
For the purpose of these Terms, ‘we’, ‘us’, ‘our’ means Wildsmith Skin and “you” and “your” means you, the individual who is using this website to order products and/or services.

The “Products” means the Wildsmith Skin products which may be ordered on this website. The “Services” means the Wildsmith Skin treatments such as facials or events which may be booked on this website.

CONSUMER STATUS
These terms apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade application forms. Please contact us for further information at [email protected].

You must be 18 years or older to use this website and purchase the Products and/or Services offered on this website.

USE OF WEBSITE

Access to this website is made available free of charge. The contents of these pages are the copyright of Wildsmith Skin. Reproduction of part or all of the contents in any form is prohibited other than with our written permission.

We may suspend, withdraw, discontinue or change all or any part of this website without notice. We will not be liable to you if for any reason this website is unavailable at any time or for any period.

Our internal processes are designed to ensure the accuracy of our website content. We use our best efforts to ensure the correct prices are published and that the description of the Products and Services and their photographic representation is accurate. The images of the Products on this website are illustrative only. Your Products and their packaging may vary slightly from those images. Sometimes our images use props, in these cases, the Product description or list clearly defines what is being advertised for purchase. Where the Product is a collection of many Products, such as our gift ranges, a full list is supplied on this website. Please note, however, that the representation of the Products and Services as produced by your computer monitor may differ from the exact Products and Services due to technical reasons beyond our control.

DATA PROTECTION
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

You are responsible to ensure that the personal information which you are required to provide when you register as a customer is accurate, current and complete in all detail. You are also responsible for ensuring that all persons who access this website through your internet connection are aware of these Terms and that they comply with them.

You agree to notify us immediately of any changes to the personal information by contacting [email protected].

ORDERING PROCESS
The website is set up to guide you through the steps you need to take to place an order with us. You are only able to place an order subject to availability of the Products or Services. Please take the time to read and check your order at each stage of the order process.

When you place an order to buy a Product or Service you offer to buy the Product or Service at the prices indicated including any delivery charges that apply to your purchase.

Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just confirmation that we have received it.

We will confirm our acceptance of your order by sending you an email that confirms that the Products are being dispatched (dispatch confirmation). This is when we will take your payment for the Products. The contract between us will only be formed when we send you the dispatch confirmation.

Treatments and events must be paid in full at the time of booking. Please retain the email confirmation for proof of payment of your booking and bring the confirmation with you on the day of your booking.

We may contact you to say we cannot accept your order for the following reasons:

a) The Product is not in stock or no longer available; or

b) There has been an error in the price or description on this website.

In the case (a) or (b) above applies, we will inform you of this by e-mail and we will not charge you for the Product. If you have already paid for the Product, we will refund you the full amount as soon as possible, and in any event within 14 days.

CANCELLATION OF YOUR ORDER
PRODUCTS
You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire at the end of 14 days from the date on which you receive the Products.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending a clear statement by email to [email protected] before the cancellation period has expired.

 

EVENTS

Where you cancel your booking for an event within 14 days from the date you received confirmation you will be entitled to a full refund. Where you have made a booking which has been fulfilled during this 14 day period you are no longer able to exercise your right to cancel and receive a refund.

 

TREATMENTS

Where you cancel your booking for a treatment 48 hours prior to the treatment, you will be entitled to a full refund. When a treatment is cancelled with 24 hours prior notice you shall receive 50% refund.

You can cancel your booking by emailing [email protected].

Where the contract is for the sale of Products, title of goods will pass to you at the point we charge your payment card or, when other payment methods are used, funds are credited to our account.

RETURNS
If you would like to return your purchase, you must inform us in writing to [email protected] and the Products must be returned within 14 days of you informing us of your decision to cancel the contract. You will be entitled to receive a refund where you return the Products in accordance with the below instructions.

Body and skincare Products must be returned in their original packaging, unused and unopened with the seal intact. We will not accept any return of Products where the seal has been broken.

Please contact customer care to organise a return. Customer Care will provide you with a Returns Authorisation Number which must be noted on the enclosed Returns Form enclosed with your package. Returns without a RAN cannot be processed. Place the Product to return in the original box with the original shipment document and Returns Form. Our Customer Care team will arrange a collection with our courier company – DPD. We will notify you when we have received your returned products.

For returns within the UK, products must be returned to:

Westex Limited
Admail4 Building
Vestry Road
Sevenoaks
Kent
TN14 5EL

We will not be responsible for any damage to the Products which is caused by your failure to follow these instructions. 

All reimbursement of funds will be processed through our head office and not at any retailer or stores where Wildsmith Skin has a presence.

For further information please contact [email protected] or phone us on 0207 257 9446.

EXCHANGES
If you are unhappy with your purchase or wish to cancel your booking for Services, we do not currently offer the option of an exchange; however you can request a refund. Please see the ‘Returns’ section of these Terms.
RECEIVING A REFUND
Your refund will be credited to the original purchaser’s credit card. Crediting refunds to this account will normally take 14 working days of our receipt of the Products or cancellation notification, but may take up to 30 days depending on our payment processor.

All Products purchased on the website during sale periods can be returned and refunded in accordance with these Terms.

DELIVERY
U.K. delivery charges include delivery to Isle of Man, Channel Islands and Northern Ireland.

We are unable to deliver overseas at this time.

We will endeavour to deliver Products to you as soon as possible. Orders are usually dispatched between 2 business days from the date of the order being placed. Please contact us our Customer Care team if your delivery has not been received within the dates notified to you in the dispatch confirmation.

We are not liable for events outside our control: in the event that we are unable to meet the delivery within the expected dates because of events outside of our control, we will be in touch to let you know a revised delivery date 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 exercise your rights to cancel this contact in accordance with these Terms. Where you elect to cancel the contract as a result of such delay, this does not affect your legal right to cancel under consumer legislation.

If you are not in when the Product is delivered: if the delivery service is unable to successfully deliver your order, a card will be left so that a re-delivery or collection from a local depot can be arranged. If you need to alter the address for delivery prior to dispatch, please e-mail [email protected] or phone us on 0207 257 9446.

If delivery cannot be made after 3 attempts, then your Products will be returned to us. We will then contact you to see if you would like your order to be refunded in full or whether you would like us to re-attempt a delivery of your Products.

GIFT VOUCHERS, GIFT CARDS AND PROMOTIONAL DISCOUNTS

You can exchange Wildsmith Skin gift vouchers for Products and Services on this website only. You cannot exchange gift vouchers for cash and gift vouchers will be valid for 12 months from the date of purchase.

If the Products or Services you purchase in an order total less than the value of the gift vouchers, any balance will remain in credit and you can redeem it against future orders.

You will be required to give the number or code of the gift voucher issued for any purchase activity. We will not accept payment by this method without this information. If your gift voucher becomes accidentally damaged please contact our Customer Care team.

If you have to return Products or Services you have purchased using gift vouchers then we will credit your account against further purchases. In this instance, you will still be entitled to exercise your cancellation rights under consumer law. For more information please see the ‘Returns’ section of these Terms.

Coupons, discounts and promotional discount codes offered by Wildsmith Skin are valid only for use as part of a purchase made through our website, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase of Wildsmith Skin products or services at any of our retailers, or for telephone orders.

FAULTY PRODUCTS
Faulty products are considered faulty when damaged during shipment or where they do not conform to the requirements set out in ‘Your Rights’ section of these Terms, specifically where they are broken or damaged ('not of satisfactory quality'), unusable (‘not fit for purpose’) or not what was advertised or do not meet the description.When your order arrives please inspect it for any damage or defects and notify us promptly by email at [email protected] if you believe there is a fault.

You have 30 days from when you received the Product to claim a full refund and up to six months for a replacement Product at no extra cost or a partial refund after the six month period. When possible, we will offer to replace faulty products free of charge to our customers. Please refer to the ‘Returns’ section for more information on how to return your faulty Product. Please visit the Citizens Advice Bureau website at www.adviceguide.org.uk for more detailed information about your rights as a customer.

PRICE AND PAYMENT
The price is displayed on this website and includes UK VAT where applicable. As you are purchasing from a UK website all orders delivered to UK addresses include VAT at the prevailing UK rate of 20%.

A separate postage and packaging charge may apply to Products and this will be displayed on the website prior to you confirming your order.

 

PRICE ALTERATIONS:

  • Where the Product or Service’s correct price is less than the price stated on this website, we will charge the lower amount.
  • If the Product or Service’s correct price is higher than the price stated on this website, we will contact you in writing by e-mail as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Service at the correct price or cancelling your order.

 

If we have not received payment but you have already received the Products, you:

(a) must pay for such goods within 30 days; or

(b) must return them to us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.

ERRORS
We make every effort to ensure that all the information provided on our website is correct at the time of publishing but we make no warranties or representations as to its accuracy. We reserve the right to change any of the information listed on this website without prior notice.
INTELLECTUAL PROPERTY
We own the intellectual property rights to this website and material on this website unless otherwise stated. Subject to the licence below, all our intellectual property rights are reserved.
LICENCE TO USE THE WEBSITE
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. You may view, download and print pages or other content from the website, provided that:

  • You do not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system.
  • You do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this website or material on our website for a commercial purpose, without our written consent.
YOUR RIGHTS
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the Products:

(a) are of satisfactory quality;

(b) are fit for purpose;

(c) match the description, sample or model; and

(d) are installed properly (if applicable).

We must provide you with goods that comply with your legal rights set out above.

OUR LIABILITY
We will not be liable for any claims, damages and costs, including legal fees, arising out of any misuse of this website by you or any user of your computer equipment, whether authorised by you or not, or any misuse of this website or your Wildsmith Skin account information by any other user.

If we fail to comply with these Terms, we are not responsible for loss or damage you suffer that was not foreseeable to you and us when the contract was formed or that was not caused by any breach on our part.

We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability where it would be unlawful to do so or which arises under applicable laws relating to the protection of your personal information. Nothing in these Terms limits our liability to you for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation;
  • For breach of your legal rights in relation to the Products including the right to receive
  • Products which are as described and match the description we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable care and skill; and
  • Defective products under the Consumer Protection Act 1987.
OTHER IMPORTANT TERMS
We may transfer this agreement to another third party. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not yet dispatched or Services not yet carried out.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

This contract is between you and us. No other person shall have any rights to enforce any terms of this contract.

If any term of this contract is found to be illegal, invalid or unenforceable by a court, the remaining terms will continue in full force and effect. Each of the paragraphs of these terms operates separately. If any paragraph is found to be illegal, invalid or unenforceable by a court, the remaining paragraphs will remain in full force and effect.

If you breach these Terms and we take no action, this does not mean that we have waived our rights against you. You will still have to comply with these terms. Any waiver must be agreed by us in writing.

 

 

APPLICABLE LAW

These terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You can bring legal proceedings in respect of the products in the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. We will not file a copy of the contract between us.

 

Last amended date: 30.07.2018