Terms and Conditions
Effective Date: 5 November 2014
Terms & Conditions of Use (UK)
- Jurlique may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, time stamps, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, programs and code, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Jurlique.
Jurlique is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the description, availability or effectiveness of any product. Jurlique does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.
Services. Through the Services, you may be able to review Content, set up a user account upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. Jurlique reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). For the avoidance of doubt, this will not affect any Products which have been ordered and for which a Dispatch Confirmation has been received. Notwithstanding anything herein to the contrary, Jurlique reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion, including the termination of user accounts.
User Disputes. Jurlique reserves the right - but has no obligation to monitor - disputes between users. In the event a dispute arises between you and Jurlique or any third party, please e-mail the Company at CustomerCare@Jurlique.co.uk and we will work quickly towards a resolution. Jurlique will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement. We will fully co-operate with any law enforcement agency or court order requiring us to disclose the identity or other details of any person posting material through the Services.
Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:
- is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any applicable law;
- violates the copyright, trademark or other intellectual property rights of any other person or Jurlique;
- is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
- imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
- is for the purpose of spamming or promoting goods or services without our prior authorisation;
- is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
- contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
- is libellous or invasive of privacy or publicity rights or any other third party rights.
Furthermore, Jurlique grants you a limited, removable and non-exclusive license to access and make personal use of the Site, and you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal information about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Jurlique, the Services, or their users; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or Jurlique.
Intellectual Property. Jurlique and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorised printouts of the Content, you are not authorised to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any Jurlique names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, "Jurlique IP”). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent (i) challenge or assist others to challenge the Jurlique IP or the registration thereof; (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Jurlique IP, or domain names incorporating any of the same; or (iii) incorporate any Jurlique IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Jurlique marks, names or designations by operation of law or otherwise, you will immediately upon request from Jurlique, and at no expense to Jurlique, assign such rights, registrations and applications to Jurlique or its designee. If you have reason to believe that your copyright has been infringed, please send an email or written notice to our Designated Agent, Rebecca Michelides by email at email@example.com or by post c/- Jurlique, Level 9, 151 Castlereagh Street, Sydney NSW 2000, Australia or by phone on +61 2 9333 7643, for notices of infringement and provide the following information: (i) identification of the copyrighted work(s) that you believe has been infringed and conformation that you are the copyright owner or authorised to act on the copyright owner’s behalf; (ii) description of the material that you claim is infringing and location of the materials in our Services; (iii) your contact information including your address, telephone number and email address.
Registration and Security. In connection with your use of the Services, you may establish or otherwise receive Jurlique user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise Jurlique, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Jurlique reserves the right to pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Jurlique cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Jurlique has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Jurlique shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Jurlique harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Jurlique if you become aware of any loss or theft of your User Codes or any unauthorised use of your User Codes. Jurlique reserves the right to block your User Codes for any reason. For your protection, Jurlique may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.
Terms and Conditions of Supply (UK)
How the contract is formed between you and us. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. Products offered through the Services are offered subject to availability. We do not accept any backorders. We also only allow a maximum of eight (8) items of any specific product per order. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover this error before we accept your order we are not required to sell the Products to you at the price shown. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option or reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched) you will receive a full refund. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. Prices for products are quoted in British Pounds and are valid only in the UK. Our prices are inclusive of VAT (where applicable). Jurlique may, from time to time, offer promotions for shipping and other discounts on product purchases. You must pay for goods at the time you place your order. You may pay using the agreed purchase methods which are set out on the relevant payment page within the Services. We will take payment for all amounts owing at the time of processing your order. Payment must be cleared before goods will be despatched to you.
Delivery. Once your order has been accepted, Jurlique will process your order by packing and arranging for delivery of the goods to you. Jurlique will determine the most appropriate means of delivering goods to you depending on your location and any election of delivery method received from you where the Services permit such an election. Depending on your location within the UK, the delivery time will usually be within to 30 business days from the time that Jurlique processes your order. We cannot guarantee or provide a day of the week or time of day for delivery. We accept no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to us and you will be responsible for any charges incurred in re-delivering the goods to the correct address. If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline. If you do choose to cancel your order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery. Risk and title in goods purchased from the Company will pass to you upon delivery of the goods at your nominated delivery address. We accept no responsibility for damage caused to goods after delivery.
Delivery Charges: The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Chargespage.
International Delivery: Delivery outside of the UK is available for a flat fee. We can ship internationally to most European destinations, though certain countries are excluded. If you order Products from our site for delivery to one of our international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. If your delivery address is in the UK, no additional taxes will be charged to you. If your delivery address is outside the UK you will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. Prior to receipt of a Dispatch Confirmation from us, we reserve the right to suspend any promotions, update product information, change prices and adjust shipping and handling fees at any time without notice Any Samples provided are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorised, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by Jurlique to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of Jurlique's obligations hereunder.
Prices and Payments. You agree to pay all charges and fees applicable to your transaction, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Jurlique reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you and will not affect any orders where we have already sent a Dispatch Confirmation to you).
Your Right of Return and Refund. You have a legal right to cancel a Contract under the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply where the seal on any Product is broken after you receive it.All merchandise must be accompanied by the packing list and in unused, saleable condition. Only products purchased on Jurlique.co.uk may be returned for refund. Jurlique products purchased from all other locations must be returned to their original point of purchase. No refunds or exchanges can be given on promotional items. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
|Your Contract is for:
||The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.|
To cancel a Contract, you just need to let us know that you have decided to cancel. You can do this by either: (i) completing the Cancellation Form which you can download from our website and return to us via email or post; (ii) emailing us at CustomerCare@Jurlique.co.uk or call +44 0800 040 7685 (9am to 5pm GMT) to receive a Return Authorization Number and reference your Jurlique.co.uk order number in your request. If you cancel your Contract we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer to your address (provided that this is a common and generally acceptable method).
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Product 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see our Returns Information;
- if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. All returns will be credited back to the original credit card used at time of purchase within 5-7 business days of our warehouse receiving your return. If a Product has been delivered to you before you decide to cancel your Contract:
- then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns Informationfor details of how to do this;
- unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.
- Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any jurisdiction or country that would subject Jurlique or its licensees or affiliates to any registration requirement within such jurisdiction or country. WARRANTY. ALL CONTENT IS PROVIDED WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT IS ACCURATE, COMPLETE OR UP TO DATE. YOU USE THE CONTENT AT YOUR OWN DISCRETION. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORISED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. JURLIQUE SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT TO THE EXTENT THAT IT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to any content, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or reliance on any content displayed on our Website. TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
LIMITATION OF LIABILITY. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale 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 for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Notices Complaints. If you wish to complain about any matter in respect of the goods, please contact Customer Service on CustomerCare@jurlique.co.uk or call +44 0800 040 7685 (9am to 5pm GMT)
The Website is maintained by Jurlique UK Ltd.
CANCELLATION FORM You have the right to cancel without providing reason within fourteen (14) days from the date that the products are received. To exercise the Right of Cancellation you can email us at firstname.lastname@example.org, call us on +44 0800 040 7685 or post the completed form below. To: 489 Oxford Street, London W1C 2AU or email us on email@example.com I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*). __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|Order Number **||____________________________________|
|Email on Order **||____________________________________|
|Name of consumer(s)||____________________________________|
|Address of consumer(s)||____________________________________|
Signature of consumer(s) (only if this form is notified on paper) __________________________________________________________________ Date: ___________________________ (*) Delete as appropriate (**) Helpful if you can provide this, not required
RETURNS INFORMATION Once we have received your Cancellation Form or you have contacted our Customer Service team via telephone on +44 0800 040 7685 (9am to 5pm GMT) or email to CustomerCare@Jurlique.co.uk (including your order number), our team will provide a RAN (Return Authorization Number) and a returns label and explain the correct procedure for your return. Until an RAN number is issued you should not return any goods to us as this may result in your refund being delayed. All returns should be accompanied by the RAN document provided and labelled as instructed. Failure to comply may result in goods being returned back to you and a delay in the process.
Reasons for a refund
- I’ve changed my mind
- What if my goods are faulty?
- Returns and refunds are only accepted for items purchased via www.jurlique.co.uk
- There may be a delay to the processing of returns without an RAN.
- It is highly suggested to use a traceable shipping method for any returned items.
- Products returned for refund will be credited within 5-7 business days of the receipt of the item(s) and the refund can only be in the form of a credit to the original purchasing debit/credit card or PayPal.
- Any deviation from the return policy outlined above may result in a delay of your refund.
This returns policy refers to items purchased via www.jurlique.co.uk only. If you have bought an item from an authorised Jurlique reseller then in the first instance please refer to their terms and conditions of sale.
|Standard Delivery||2-3 business days||£3.95|
|Next Day Delivery||Next business day||£6.95|
|Outside of UK||5-14 business days||£14.00|