Website terms and conditions of supply of goods.

 

This page, together with our Privacy Policy, tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract for the supply of Products, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

You should print a copy of these Terms or save them to your computer for future reference.

You may only purchase Products from our site if you are at least 18 years old.

These Terms, and any Contract between us, are only in the English language.

1.                   Information about us and how to contact us

1.1                We operate the website www.whamisa.co.uk. We are K-Beauty Wise Limited, a company registered in England and Wales under company number 09628650 and with our registered office at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ.  Our VAT number is GB238204522.

1.2                How to contact us. You can contact us by writing to us at hello@k-beautywise.com.

1.3                How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

1.4                "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2.                   Our contract with you

2.1                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 stage of the order process.

2.2                How we will accept your order. Our acceptance of your order will take place when we email you notifying that your order has been dispatched at which point a Contract will come into existence between you and us.

2.3                If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.

2.4                Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.                   Our Products

3.1                Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.

3.2                Product packaging may vary. The packaging of the Product may vary from that shown on images on our website.

4.                   Your rights to make changes

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5.                   Our rights to make changes

5.1                Minor changes to the Products. We may change the Product:

(a)            to reflect changes in relevant laws and regulatory requirements; and

(b)            to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.

5.2                More significant changes to the Products and these Terms. In addition, as we informed you in the description of the Product on our website, we may make the following changes to these Terms or the Product, but if we do so we will notify you and you may then contact us to end the Contract and receive a full refund before the changes take effect.

6.                   Use of our site

6.1                Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

6.2                We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

6.3                You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 

6.4                You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without first seeking our permission to do so.

6.5                Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

6.6                You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

6.7                If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6.8                Commentary and other materials posted on our site should not be relied upon or treated as a substitute for specific advice (medical, pharmaceutical or any other advice) relevant to particular circumstances. We shall accept no responsibility for any errors, omissions or misleading statements on our site, or for any loss which may arise from any reliance placed on materials contained on this site by any visitor to our site, or by anyone who may be informed of any of its contents.

6.9                We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

6.10            You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

6.11            We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

6.12            You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

6.13            You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog site or other website where such linking is permitted.

6.14            Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

6.15            Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

7.                   How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

8.                   Providing the products

8.1                Delivery costs. The costs of delivery will be as displayed to you before you place the order.

8.2                When the Products will be provided. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Please see Delivery and Returns for timelines on when we would expect an item to reach you.

8.3                We are not responsible for delays outside our control. If delivery of the Products is delayed by an event outside our control (“Event Outside Our Control”) then we will contact you as soon as possible to let you know 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 contact us to end the Contract and receive a refund for any Products you have paid for but not received. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes or other industrial action by third parties, civil commotion, terrorist attack or threat of terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

8.4                If you are not at home when the Product is delivered. For deliveries to the UK, if no one is available at your address to take delivery and the Products cannot be posted through your letterbox, you will normally be left a note informing you of how to rearrange delivery or collect the products from a local depot.

8.5                If you do not re-arrange delivery. For tracked deliveries, if after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 12.2 will apply.

8.6                Your legal rights if we deliver late. You have legal rights if Products you order are delivered late. If we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if any of the following apply:

(a)            we have refused to deliver the Products;

(b)            delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)            you told us before your order was accepted that delivery within the delivery deadline was essential.

8.7                Setting a new deadline for delivery.  If you do not wish to treat the Contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.

8.8                Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under clause 8.6 or clause 8.7, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery.  If the Products have been delivered to you, you must email us at hello@k-beautywise.com to notify us, request a Returns Form and post them back to us.

8.9                When you become responsible for the Product. The Product will be your responsibility from the time the Product is delivered to the address you gave us.

8.10            When you own goods. You own a Product once you have made, and we have received, payment in full. Products will be dispatched once full payment is received.

8.11            Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:

(a)            deal with technical problems or make minor technical changes; or

(b)            update the product to reflect changes in relevant laws and regulatory requirements.

8.12            Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 10 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.

8.13             Lost deliveries: For deliveries in the UK, we will only consider claims for lost items sent by Standard delivery in the UK 30 days after dispatch.

9.                   International delivery

9.1                We deliver to the countries listed under Delivery and Returns.  However there are restrictions on some Products for Delivery Destinations outside of the UK, so please review the information on that page carefully before ordering Products.

9.2                If you order Products from our site for delivery to one of the destinations outside of the UK, 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. 

9.3                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.

9.4                You must comply with all applicable laws and regulations of the country for which the Products are destined.  We will not be liable or responsible if you break any such law.

9.5                For untracked deliveries to destinations outside of the UK, we cannot be responsible for lost or stolen items.

10.               Your rights to end the contract

10.1            You can always end your Contract with us.  Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

(a)            If what you have bought is faulty or not as described you may have a legal right to end the Contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 13;

(b)            If you want to end the Contract because of something we have done or have told you we are going to do, see clause 10.2;

(c)            If you have just changed your mind about the Product, see clause 10.3. You may be able to get a refund if you are within 14 days of receiving your order but this may be subject to deductions and you will have to pay the costs of return of any goods.

10.2            Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)            we have told you about an upcoming change to the product or these Terms which you do not agree to;

(b)            we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

(c)            there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control;

(d)            supply of the Products has been suspended for technical reasons, or notify you we are going to suspend them for technical reasons; or

(e)            you have a legal right to end the contract because of something we have done wrong as set out in these terms (including late delivery (see clause 8.8)).

10.3            Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days from your receipt of the Product and receive a refund under the Consumer Contracts Regulations 2013.

10.4            When you don't have the right to change your mind.  We reserve the right to refuse exchange or refunds if items are not saleable. This is due to EU hygiene laws and for health protection. Products returned must be in original form, unused and unopened.

10.5            How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

11.               How to end the contract with us (including if you have changed your mind)

11.1            Tell us you want to end the Contract. To end the Contract with us, please let us know by emailing us at hello@k-beautywise.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

11.2            Returning Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must contact us at hello@k-beautywise.com to arrange the return with us.   If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the Contract.

11.3            When costs of return will be paid. We will pay costs of return:

(a)            if the Products are faulty or not as described; or

(b)            if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so as a result of something we have done wrong;

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.   

11.4            Charge for returns. Please email us at hello@k-beautywise.com for returns within 14 days after you have received delivery. You will be responsible for the cost of returning the products.

11.5            How we will refund you.  We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. We may make deductions from the price, as described below.

11.6            Deductions from refunds for returns. If you are exercising your right to change your mind we may reduce your refund of the price 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.  We aim to examine all returned products upon delivery and if we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.  Regarding refunds for delivery costs, you will be refunded the standard delivery cost only, even if you opted for a more expensive delivery option.

11.7            When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a)            your refund will be made within 14 days from 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.

(b)            If you cancel the order before it has been dispatched, your refund will be made within 14 days of your telling us you have changed your mind.

12.               Our rights to end the contract

12.1            We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if:

(a)            you do not make any payment to us when it is due;

(b)            you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, a correct delivery address; or

(c)            you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;

12.2            You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the Contract.

13.               If there is a problem with the product

13.1            How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can write our customer service team at hello@k-beautywise.com or write us at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ.

13.2            Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with your Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your Product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:

·         up to 30 days: if your item is faulty, then you can get a refund. 

·         up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

13.3            Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products, please contact us at hello@k-beautywise.com to request a Returns Form.  You must fill out and return the Returns Form to us for the return to be accepted.

14.               Price and payment

14.1            Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2            We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.

14.3            What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any goods provided to you.

14.4            When you must pay and how you must pay. We accept payment with Visa, MasterCard, and American Express. You must pay for the Products before we dispatch them.

15.               Sales and Promotions – Sales and promotional offers may not be used in conjunction.

15.1            Sales. Products may be reduced to the price stated on our site. Prices of Products on sale are subject to change and may increase after the sale period. Sale items may take longer to arrive due to the volume orders through our sales period. Please note that an item could go out of stock after you have placed it in your basket and your purchase is confirmed only once you have received an email confirming your order. Please note that while all Products remain in pristine condition, due to nature of the sale some external packaging may appear slightly worn.

15.2            Promotions. From time to time we may have promotions that supply a complimentary gift. The complimentary gift cannot be exchanged for another Product. Complimentary gifts are available whilst stocks last and we reserve the right to withdraw this offer at any time. 

16.               Pre-Ordering

We may take pre-orders when a Product is out of stock. No payment is taken for pre-ordered items until they have been dispatched from our warehouse. We aim to dispatch all pre-ordered items as soon as they become available for shipping and you will receive an email to inform you when the product is dispatched. Dispatch dates can be subject to change.

17.               Our responsibility for loss or damage suffered by you

17.1            We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

17.2            We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.  For some faults (manufacturing fault in container or content) you may have the option to deal directly with the manufacturer.

17.3            We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.               Other important terms

18.1            We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. 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 1 month of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

18.2            You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

18.3            If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.4            Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

18.5            Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.