Terms Of Use

 

TERMS OF USE
 

 

Welcome to Fresh.com (the “Website”), the public, e-commerce website for Fresh Cosmetics Ltd. (“Fresh,” “we,” or “us”). The Website is provided as a service to our customers and your use of this Website is governed by these terms and conditions (these “Terms of Use”).

 

By accessing and/or using this Website, you acknowledge and agree to these Terms of Use as well as our Privacy Policy which is incorporated herein by reference for all purposes. By accessing and/or using this Website, you accept without restriction these Terms of Use as well as our Privacy Notice. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. We may change these Terms of Use at any time, without notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes. Capitalised words used in these Terms of Use, other than those capitalised only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear inside quotation marks.

 

Definitions : The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form:

 

  • Customer/you/You/your/Your means any person purchasing one or more Products in the On-Line Shop, accepting the General Conditions.
     
  • General Conditions mean these general conditions or Terms of Use.
     
  • Order Confirmation means the e-mail message by means of the Customers are informed of the acceptance of the Orders.
     
  • Sale and Purchase Agreements mean the sale and purchase agreements of the Products.
     
  • Price means the sale price of the Products as specified in the On-Line Shop with reference to each Product.

 

1. Orders for Products and Services;



Personal Use:

 

The products we make available on this Website, including samples, are for your personal, non-commercial use only. You may not sell or resell any products you purchase or otherwise receive from us. Fresh reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by Fresh in its sole discretion. You will only be charged for quantities actually shipped. You may only order products if you are domiciled in the United Kingdom and you are 18 years old or older and legal capacity to contract. 

 

Price:

 

We only accept payment for orders in £ (pound sterling). The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

Prices for our Products may change from time to time, but changes will not affect any Order which we have confirmed with an Order Confirmation.

The price is inclusive of 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.

The Price does not include delivery charges. Delivery charges will also be payable on your Order and these will be added to the price of your Order prior to you submitting payment to us. For details of our delivery charges please see 

 

Payment Methods:

 

Fresh accepts payment from the following: Visa, American Express, Mastercard and Meastro.

Fresh has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated in the On-Line Shop at the time the Orders are placed by the Customers.

For security reasons your billing name must match that of the credit card used for payment. Fresh cannot process any credit card with a billing address outside of the United Kingdom.  All purchases require bank authorisation prior to processing. Only authorised orders will be processed and shipped.

 

Quantity Limitation:

 

It is specified that the Products are intended only for the personal use of the Customer, without any direct relation to the professional activity. As such, the Customer's attention is particularly drawn to the fact that he/she cannot order more than five (5) products of the same reference each month.

 

Availability:

 

The images of the Products in the On-Line Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

The range and availability of the Products published in the On-Line Shop may vary from time to time. The packaging of the Products may vary from that shown on images on this Website.

All Products shown on this Website are subject to availability. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, the Customer will be informed by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication (notwithstanding the provision governing the right to cancel).

 

Samples:

 

Every Fresh.com/UK order will be shipped with a maximum of 3 free samples of featured products within the limit of available sample stock. Unfortunately, due to the large number of requests we receive we can only send samples with orders.

 

Placement of Orders:

 

Before you place your Order, you will have the opportunity of identifying whether you have made any input errors. Please take the time to read and check your Order at each page of the order process.

When you submit an Order, you are offering to purchase Products from us at the prices indicated on the Website. All orders for Products from the Website must be placed using the shopping cart facility provided on the Website.

The process is as follows:
 

  • Select the products you wish to purchase and add them to the “cart”. If you wish to purchase more than one Product, the above procedure shall be repeated, by clicking on "add to your cart";
     
  • If you already have an account with us, authentication will be possible by typing login and password in the relevant fields and clicking "proceed to check out"; and
     
  • Once the data relating to the selected Product/s and the "shipping/ delivery information" is verified, you must choose among the available methods of payment. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking "Pay Now". 
     

You may correct those input errors before placing your Order. It is your responsibility to ensure that your Order is correct before submitting it to us. Please ensure that you enter a complete and accurate delivery address. We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information by submitting your Order, and by clicking the “Pay Now” button, you confirm that the payment details provided on your Order are valid and correct, and that when your Order is accepted and processed by us (see clauses ‎below for information about how and when a legally binding contract is formed between us), payment will be made in full.  By placing an Order, you confirm that you are the person referred to in the billing details.


An Order Confirmation will be sent to you within 1 working day from receipt of the Order by us. Acceptance of the Order and the completion of the Sale and Purchase Agreement will take place when you receive the Order Confirmation.


If we are unable to supply you with a Product, for example, because that Product is no longer available, or because of an error in the price on our On-Line Shop, or we are unable to obtain authorisation for your payment, or where you do not accept the Terms, 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 as soon as possible, and in any event within 14 days.
 

ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING SALE AND PURCHASE AGREEMENT IS NOT FORMED UNTIL YOU RECEIVE THE SHIPPING CONFIRMATION AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.

 

  1. Once your order is placed it will be reviewed.
     

Fresh reserves the right to cancel any orders that:

  • Exceed the control limits outlined  (5 articles of the same reference each month)
     
  • Existing dispute with the client
     
  • Total or partial non-payment of a previous order by the client
     
  • Refusal to authorise payment by credit card payment organisations
     


Shipping:

 

International Shipping

We apologise, but currently we are unable to process and ship orders to destinations outside of the UK on Fresh.com/UK.

To place an international order please call 0207 486 4100 and we will see if we can proceed.

 

Shipping & Handling

Business Days: Monday - Friday, excluding Bank Holidays within England.

 

Your order will be fulfilled within the estimated delivery period which will be no more than 30 days after the date on which we send you the Order Confirmation unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control (as defined in clause 17), we will contact you with a revised estimated delivery date.

Please ensure that you enter a complete and accurate delivery address when placing your Order.  We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information that you provided to us when placing your Order.

 

Shipping Costs
 

  • Standard (2-5 business days): £4.95 - Free shipping for orders over £75
     


Shipping charges are based on order totals.


Please note Fresh offers free shipping on all orders over £100 (standard shipping).

 

Right to withdraw:

 

You have the right to cancel a Sale and Purchase Agreement within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).  To process your cancellation request as quickly as possible, you are advised to exercise your right to cancel by contacting us at the address or e-mail address set out in the Contact page.  You may also use the attached model cancellation form (Exhibit A), but it is not obligatory.  If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation request on a durable medium (e.g. by e-mail) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

See “Model Cancellation Form” (Exhibit A)

 

Fresh would like you to be satisfied with your purchase. If you would like to return a Fresh product, please see our return policy below for returns made to a Fresh store or Fresh.com :

 

Returns to a Fresh Store:


All purchases made through www.fresh.com/uk must be returned through www.fresh.com/uk . We are unable to accept online orders through a Fresh boutique or through any of our retail partners.

For purchases made through a UK Fresh Boutique, you may return any unopened or gently used Fresh.com/uk purchase within 14 days of purchase by bringing the product back into store with your original receipt.

For purchases in the UK, this return policy does not affect your statutory rights.

 

Returns to Fresh.com/UK:


All returns must be requested within 14 days of delivery. Products must be returned to us within 14 days of the request and in a saleable condition so that we can process the return. All returned products must be unused and in their original packaging. Refunds will be processed within 14 days of receiving the goods back. We will process a refund after our warehouse has received the stock back. It will usually take 3-5 days from refund for your account to be credited however some payment providers and payment types can take up to 14 days to credit your account. Refunds will only be made to the original purchaser’s method of payment.

To request a return, please follow the below instructions:

Fill our the Free Returns label included in your order marking what items you want to refund and select the applicable reason code

Pack your returns in the original packaging and attach the pre-paid Returns label to the outside of your parcel. We advise you obtain proof of postage when you post your return as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.

If you choose to send your return through a courier not included in our Free Returns, then the cost of the return is the customers responsibility and Fresh will not reimburse for this cost.

If you have any refund and return queries please contact our friendly customer service team on ukcustomerservices@fresh.com.


If you exercise your right of withdrawal, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.

We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.

 

You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products you have received.

 

We will make the reimbursement without undue delay, and not later than:
 

  • 14 days after the day we receive back from you any Products supplied; or 
     
  • (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
     
  • If there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel the Sale and Purchase Agreement.
     

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, and in any event, you will not incur any fees as a result of the reimbursement.

 

You will have to bear the direct cost of returning the Products to us, except where the Products are returned because they are faulty or mis-described (see below).

 

AS A CONSUMER, YOU WILL ALWAYS HAVE LEGAL RIGHTS IN RELATION TO PRODUCTS THAT ARE FAULTY OR NOT AS DESCRIBED. THESE LEGAL RIGHTS ARE NOT AFFECTED BY THE RETURNS POLICY IN THIS CLAUSE OR THESE TERMS.

 

Damaged or Defective Products:

 

When your Fresh.com/uk order arrives, please inspect the package for any damage or defects. It is normal for the shipping package to show some wear, however, if you think a product in your shipment is damaged or defective, please contact us at ukcustomerservices@fresh.com. To return a damaged or defective product, please follow the instructions on the Returns process above. Your original shipping and handling charges will not be refunded, but any replacement for a damaged or defective product will be shipped to you free of charge.


 

2. Website Content:
 

The Content (as defined below) presented on this Website is intended for educational or informational purposes only. Such information is not meant to serve as a substitute for professional medical advice. Fresh does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 999 OR YOUR DOCTOR IMMEDIATELY.


 

3. Colours on the Internet:


The images of the Products in the On-Line Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

Fresh wants you to enjoy the products you buy from us. Please keep in mind that colour monitors display colours differently, so if you have concerns about specific colours of makeup, please email our customer service ukcustomerservices@fresh.com. We'll get back to you right away with information to help you select the colours that are right for you.

 

4. Website Content; License:


Fresh and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any Content on the Website. Subject to these Terms of Use, Fresh grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained therein only for your personal, non-commercial use.

 

5. Trademarks:

 

The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Fresh and others and may not be used unless authorised by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

 

6. Prohibited Customer Activity:


Unless expressly permitted in these Terms of Use or with Fresh’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. Fresh will aggressively enforce its intellectual property rights to the fullest extent of the law. 

 

7. User Information:


If you register with this Website, make a purchase via the Website, sign up for e-mails, apply for membership in one of our programs or enter a competition or promotion, you will be asked to provide personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Website's Privacy Policy which is incorporated herein by reference for all purposes. You are responsible for keeping your User Information up to date and accurate.

 

8. User Comments, Feedback, And Other Submissions:

 

We welcome your suggestions, feedback, ideas and other submissions (collectively “User Contributions”) about the Website, its content, and our products. If any User Contribution includes ideas, suggestions, documents or proposals to Fresh, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and Fresh has no obligation of confidentiality, express or implied, with respect thereto; (b) Fresh may have something similar to the User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from Fresh or any of its affiliates for such User Contribution under any circumstances unless you are otherwise notified by Fresh in writing to the contrary. By submitting or sending User Contribution to us, you: (i) represent and warrant that the User Contribution are original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose. We cannot be responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Website’s Privacy Policy.

 

Links To And From The Website:

 

The On-Line Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilised in any way, without prior written consent from Fresh.

 

10. Public And Interactive Areas Of Our Website; Ratings & Reviews; Guidelines:

 

You represent and warrant that: (a) you have the legal capacity to contract (b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions, (c) no User Contribution infringes upon, violates or misappropriates a third party's intellectual property rights, (d) no User Contribution will be obscene, libelous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (e) no other party has any rights to such User Contribution, (f) any "moral rights" in your User Contribution have been waived, (g) the User Contribution is not false, inaccurate or misleading in any manner, and (h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any Fresh employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.

 

When writing a review for the Ratings & Review, please consider the following guidelines:
 

  • Focus on the product and your individual experience using it;
     
  • Provide details about why you like or dislike a product; and
     
  • All submitted reviews, comments and questions are subject to these Terms of Use and our Privacy Policy.


You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such User Contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.

 

11. Disclaimer Of Warranties:

 

The website, including, without limitation, all services, content, functions and materials, is provided "as is," "as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for uptime or uninterrupted access.

                              

12. Liability:

 

Our Liabilities to You

If we fail to comply with our commitments, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the sale.


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 to a customer 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); arising under section 2(3) consumer protection act 1987; or
     
  • For any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.
     


13. Applicable Laws:

 

These sales are governed by English law. This means each sale and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction.  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 or Wales, you may also bring proceedings in Scotland or Wales.

 

14. Viruses, Hacking And Other Offenses:

 

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

 

15. Termination:
 

We may change, suspend or discontinue this Website at any time.

 

16. Miscellaneous; Severability:


Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

17. Events Outside Our Control:
 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Sale and Purchase Agreement that is caused by an Event Outside Our Control.
 

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or 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.
 

If an Event Outside Our Control takes place that affects the performance of our obligations under a Sale and Purchase Agreement:
 

 

  • We will contact you as soon as reasonably possible to notify you; and
     
  • Our obligations under a Sale and Purchase Agreement 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.

 

18. Other Important Terms:

 

We may transfer our rights and obligations under a Sale and Purchase Agreement to another organisation, but this will not affect your rights or our obligations under these General Conditions.


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

The Sale and Purchase Agreement is between you and us.  No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these General Conditions operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.