Date: January 2020
1.2. Please read this Agreement carefully. These Terms apply to every offer made by us and to every distance contract that has been concluded between us and a consumer. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, do not access, browse or use the Site.
2. GENERAL CONDITIONS OF OUR PRODUCTS AND SERVICES
2.1. The offer contains a complete and accurate description of the offered products. We make sure that the description is sufficiently detailed to allow you a proper assessment of the offer. If we use images of the products, these are approximate and are provided for illustrative purposes only. We make every reasonable effort to give the most accurate information regarding the products.
2.2. In each offer there is information which makes clear to you what rights and obligations are attached to the acceptance of that offer.
2.3. In case an offer has a limited period of validity or is dependent on conditions, this will be clearly stated in the offer.
2.4. We will immediately confirm the receipt of the acceptance of the offer via e-mail, once you have accepted the offer electronically.
2.5. For any information regarding the return, exchange or refund of products, please refer to our Return Policy, which you can find on the Site.
2.6. Customers in the European Union have the statutory right to withdraw from an agreement within a minimum term of fourteen (14) days after the effective date of the agreement (the ‘Withdrawal Period’). We have set the withdrawal period for all our customers at thirty (30) days. For more information regarding your Withdrawal Period and procedure, please refer to our Return Policy on our Site.
3. USE OF THE SITE
3.1. This Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We have the right to use all of the Content.. Unauthorised use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
3.2. The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on the Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third- party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.
3.3. You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (4) delete or alter any material posted on the Site by the Company or any other person or entity, or (5) frame or link to any of the materials or information available on the Site.
4. THIRD PARTY SITES
4.3. Please remember that the manner in which Social Media Services use, store and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on the Site. In addition, Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Media Services. As such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Services. Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
5. USER CONTENT
5.1. With respect to the Photos (as defined below) and any content or other materials you upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
5.2. The Site pulls content from our users who share photos and videos on Instagram using hashtags which are associated with our brands, including, without limitation, #londonlabs #skincareforhair, or tagging the @LondonLabs account (collectively, “Photos”). You acknowledge and agree that the Photos may be used in LondonLabs showroom space, retail locations and email or on any sites owned and operated by the Company unless prohibited by such site, and you hereby grant the Company permission to use and authorise others to use your name or social media handle in association with the Photos for identification, publicity related to the Site and similar promotional purposes. You represent and warrant that the posting and use of your Photos does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
5.3. By uploading any User Content you hereby grant and will grant Company and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Site or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
5.4. You acknowledge and agree that any questions, comments, suggestions, ideas, reviews, feedback or other information about the Site and/or the Products and Company Services made available through the Site (“Submissions”), provided by you to Company are non- confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.5. You acknowledge and agree that Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6. PURCHASE OF PRODUCTS
6.2. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us on the Site when you submit your order.
6.3. All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
All other information with respect to the purchase of Products from the Site can be found on the Help section of our Site, including our policies on shipping, billing, order acceptance and returns and exchanges.
7.1. Although every effort has been taken to ensure that information published on the Site is correct and up to date, we cannot guarantee the accuracy of all information presented, and accepts no liability in respect of any omission or error. You should not rely solely on the information contained in this website as it does not purport to be comprehensive or specific to your personal needs or requirements. A customer should always satisfy themselves as to the ultimate suitability of a product for an intended application. To the extent permitted by law, we accept no liability in the unlikely event of an adverse reaction occurring when using one of our Products.
7.2. Products and any advice by us make no claim to cure or prevent any disease or medical problem and is not intended to substitute other therapy or medical advice. The information and advice on this website is provided only as a guide. Information received via this website should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your need and situation. Actual results may vary.
7.3. In no event shall we be liable for direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in any way connected with the use of or performance of information, products, services or reliance on the contents of the advertisements. The information provided is solely for informational purposes.
7.4. Our Products may contain oils and butters from natural nuts, seeds, fruit and other potential allergen. If you have any allergies or sensitive skin please read the product label carefully. We recommend to perform a patch test first to ensure there is no reaction. Discontinue if irritation or sensitivity occurs. If you are uncertain about possible sensitivity, always do a patch test before use or consult your physician.
7.5. In the case of pregnancy please consult with your health care professional.
7.6. All products are for external use only.
7.7. This disclaimer does not seek to exclude any warranties implied by law which may not lawfully be excluded.
7.8. You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or the Site. The Company shall provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section.In such case, you agree to cooperate with any reasonable requests assisting the Company’s defence of such matter.
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability, including the right to reject any order you place for the purchase of Products. The Company reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. Sections 3 (Use of the Site), 7 (Disclaimer), and 8 (Termination)) shall survive the termination of this Agreement.
9. CONTACT INFORMATION