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LEGAL STATEMENT
PART 1 – GENERAL LEGAL TERMS
INTRODUCTION
Welcome to the Institut Esthederm website (the Website). Before you start using the Website and purchasing any of the products available on it 1(the Products) from us, you must agree to the rules which will govern Institut Esthederm’s relationship with you. Thank you for accessing the Website and purchasing Products with us. Please read these terms and conditions (the Terms) before using the Website and/or purchasing any Products.
OUR CONTRACT
2.1 These Terms, including all incorporated documents referenced in clause 4, govern your relationship with NAOS when you access the Website and purchase any Products from it and once you start using the Website you are taken to have understood and accepted them. These Terms will form a binding agreement between you and us (our Contract) to the exclusion of all other documents, so please read them carefully.
2.2 Please note that before placing an order you will be asked to agree to these Terms. All orders for Products offered on the Website imply the consultation and express acceptance of these Terms, without said acceptance being contingent on you providing a hand-written signature. In accordance with the laws which govern the formation of electronic contracts in the United Kingdom, the recording and validation of an order page on the Website, as specified in Clause 18 (“Placing an Order”) below, constitutes the placing of an order and formation of a contract between us for the purchase of the ordered Products.
2.3 If you refuse to accept these Terms, you will not be able to order any Products from our Website. You should print or save a copy of these Terms or save them to your computer for future reference. These Terms and any Contract between us are only in the English language.
ABOUT US
3.1 Institut Esthederm is a brand owned and operated by NAOS GROUP UK LTD having its registered offices at Dickens House, 1 Fetter Lane, EC4A 1BR London, UK, and. registered with the Registrar of Companies for England and Wales under number 08975311 and with VAT number GB 190 6461 02. (NAOS). Your Contract is with NAOS.
3.2 Our contact details are as follows:
a) If you wish to contact us for information or general queries relating to our products or brands or because you have any feedback or complaints, please contact our Customer Care Department by email at support@uki.naos.com
b) If you wish to contact us for queries relating to placing an order, making purchases through our Website or deliveries, please contact our Customer Care Department at support.esthederm@uki.naos.com
c) If you are emailing us or writing to us please quote your order number (if applicable) to help us identify your order.
d) If we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the email/postal address you provide to us at the time of placing your order.
INCORPORATED DOCUMENTS
4.1 Our Privacy Policy, Cookies Policy and any dispatch confirmation you receive after completing a Product purchase form a legally binding part of these Terms. You should read the Privacy Policy as it sets out the terms on which we process (collect, use, share, etc.) any personal data we collect from you or that you provide to us and how we will communicate with you. Any disclaimers shown on our Website are also to be read in conjunction with these Terms, and in case of any conflict with them, such disclaimers will take priority. To the extent of any conflict between the Privacy Policy and these Terms, these Terms shall prevail.
4.2 From time to time, NAOS may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
AMENDMENTS
5.1 From time to time NAOS may modify the Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we make available via the Website. Any material amendment shall be notified to you via the Website before becoming effective under these Terms. Unless the amendment requires your express approval, your continued use of the Website shall be deemed as your acceptance of the new Terms.
5.2 By continuing to use the Website or purchase Products after changes are made, you are accepting those changes and will be bound by them so please check them from time to time. Every time you wish to order Products from NAOS, please check these Terms to ensure you understand the terms which will apply at the time of your order and which will apply to the Contract between us. If at any time you do not wish to accept the Terms, you may not use the Website.
5.3 You accept that NAOS has the right to change the content or technical specifications of any aspect of the Website at any time at NAOS's sole discretion. You further accept that such changes may result in your being unable to access the Website.
5.4 If we have to revise these Terms in such a manner which could adversely affect an existing order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all of the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you paid for the relevant Product(s), the delivery charges and the cost of returning the Product(s) to us subject to Clause 21 regarding your rights to cancel.
INTELLECTUAL PROPERTY
6.1 The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by NAOS and content owned or controlled by third parties and licensed to NAOS. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
6.2 The brands and logos on this Website are trademarks of NAOS, including without limitation Bioderma and Institut Esthederm and Etat Pur. you acknowledge that you have no ownership rights in and to any of those names and marks. No licence or right of use may be granted for any of said trademarks on the Website. As such, they may not be used without the prior written consent of NAOS.
6.3 Documents published on the Website may only be reproduced for information purposes only and for personal use only. Any other use of these reproductions, particularly use for commercial purposes, is expressly forbidden without the prior written consent of NAOS. NAOS reserves the right to prosecute any infringement of its intellectual property rights, including as part of criminal proceedings.
6.4 You agree to notify NAOS in writing promptly upon becoming aware of any unauthorised access to or use of the Website or any NAOS trademark by any party or of any claim that the Website or any of the Content of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
LIABILITY
7.1 Accuracy of Information
While NAOS has endeavoured to ensure the accuracy of the information accessed via the Website, NAOS does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
7.2 Product Limit
Products are intended for your personal use, in no direct relation to your professional activity. In this respect, you should note that each order must not exceed a total of £1,000 (one thousand pounds). 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, and we reserve the right to claim for damages in respect of any commercial, business or resale use of Products without our prior written consent.
7.3 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 do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) 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
e) defective products under the Consumer Protection Act 1987.
7.4 Limitations
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
Save in respect of fraud and of personal injury or death to the extent it results from NAOS's negligence, in no event will NAOS be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if NAOS has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
Subject to applicable law, NAOS cannot be held liable for any direct or indirect damage whatsoever, whatever the cause, origin, nature or consequences, caused by anyone accessing the Website or being unable to access it, as well as using the Website and/or credit given to any information taken directly or indirectly from the Website.
INDEMNITY
8.1 You agree to indemnify, defend, and hold harmless each of NAOS, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of NAOS, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against NAOS, its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you;
(a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(b) is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained herein.
8.2 References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
8.3 You agree to pay NAOS, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
NO WARRANTY
9.1 The Website and the Content are provided as is excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. NAOS further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
9.2 NAOS is not responsible for the accuracy, errors or omissions contained on this Website. The photos of products on this Website are not contractual. No guarantees are given as to the accuracy, precision or completeness of the information available on the Website. The user is solely responsible for their use of said information.
9.3 NAOS does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and NAOS is not liable for any damage you may suffer as a result of such destructive features.
9.4 NAOS shall not be held responsible for Content provided by third parties. NAOS is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.
9.5 These Terms do not affect your statutory rights or your legal rights as a consumer.
EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control.
10.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes of all natures, lock-outs or other industrial action by third parties, civil commotion, riot, insurrection, 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, severe disturbance in the security of the internet, technical failures, unauthorised access and/or intrusions into the Website’s servers, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) 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.
10.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. 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.
LOCAL LAWS AND REGULATIONS
11.1 The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
11.2 NAOS does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
TERMINATION
Either you or NAOS may terminate these terms with or without cause at any time. On termination you shall destroy all Content, and copies thereof, obtained from the Website. NAOS reserves the right to change, terminate, suspend or pause access to all or part of the Website at any time, including the content, features or periods of availability, without prior notice, for any reason and entirely at its own discretion, and cannot be held responsible for any consequences of these changes. NAOS has the right to limit or temporarily or permanently suspend access to any user that is in breach of these Terms without notice.
LINKS
The Website may link to or may be linked from other third party websites from which third party products and/or services can be obtained. All such links are for information purposes only. You acknowledge that these other websites are independent from NAOS and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party products and/or services, and we do not accept any responsibility for their content, safety, practices or privacy policies. As such you access any third party website, products or services at your own risk. NAOS accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
GENERAL LEGAL TERMS
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or you obligations under these Terms to another person if we agree in writing.
14.3 This Contract 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. If one or more stipulations of these Terms is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.
14.4 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, such waiver will only be valid once given in writing and signed by an authorised representative of NAOS. No waiver by us of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
14.5 In the event of a contradiction between these Terms and any of the incorporated documents, these Terms shall prevail.
14.6 These Terms and the contractual relations between NAOS and you shall be governed by the laws of England and Wales. This means a contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. The parties agree that the courts of England and Wales will have exclusive jurisdiction.
PART 2 – PURCHASING PRODUCTS
AREAS OF DELIVERY
15.1. Products ordered by you on our Website shall be exclusively delivered in the United Kingdom and the Isle of Man. Only orders with an invoicing and delivery address located in the United Kingdom or Isle of Man will be processed.
15.2. The orders for which a P.O box delivery address has been chosen cannot be processed.
15.3. These Terms determine all the steps required to place an order, as described in Clause 16 "Our Products” and Clause 17 “Prices and Payment” and ensure the follow-up of said order between the parties.
OUR PRODUCTS
16.1. The Products NAOS offers for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock and subject to these Terms. All Products should be kept out of the reach of children (individuals under 16 years of age).
16.2. The images of the Products on our Website are for illustrative purposes only. The images that illustrate the Products do not fall within the scope of the Contract and NAOS’s liability may not be incurred in connection with any such error. Products purchased may vary slightly from images on our Website.
16.3. The packaging of the Products may vary from that shown on images on our Website.
16.4. Product Availability:
When placing your order, the majority of the Products presented on the Website may be bought online. The Products that cannot be bought online are available through NAOS approved distributors. In order to find the nearest distributor to you, please visit the online store locator.
Products are offered subject to availability. If a Product is not available, you shall be informed thereof as soon as possible. Such information may be provided to you:
a) at the time of placing your order. If a Product that can be bought online is unavailable it will state that the desired Product is out of stock; or
b) following the validation of your order. If a Product becomes unavailable prior to delivery, you will be contacted via email.
16.5. 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 of an error on our Website, we will inform you of this by email and you can decide how you wish to proceed with your order or let us know if you wish to cancel your order.
16.6. If you have already paid for the Products, NAOS will take the necessary steps with Shopify or PayPal or our third party payments provider (as applicable), NAOS’s designated payment partners, to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from your bank account as soon as possible. If none of the items ordered are available we will also refund any delivery costs charged as soon as possible.
16.7. No substitute product will be sent to replace the unavailable product.
16.8. NAOS may not be held liable if Products are out of stock or unavailable.
16.9. Retention of title and risk:
a) Product(s) ordered shall remain the property of NAOS until full receipt of the purchase price and all applicable delivery charges by NAOS. If Products have been delivered to you and there is a payment incident or in the event of incomplete or partial payment, you undertake, at your cost, to return the Products to us at our first request.
b) On the date of delivery, the risks (in particular of theft or damage) concerning the Products are transferred to you.
16.10. Samples:
Any samples offered are subject to availability. Any samples provided by NAOS for you to try are for your personal use only.
PRICES AND PAYMENT
17.1. The prices of the Products are given in pounds sterling. We use our best efforts to ensure that the prices of Products are correct at the time of completing an order. However, please see Clause 17.7 for what happens if we discover an error in the price of the Product(s) you ordered.
17.2. The price of a Product includes VAT at the applicable rate chargeable in the UK on the date of the order. 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.
17.3. In the event that you are using a valid promotional code provided by NAOS, this cannot be used in conjunction with another offer or promotion.
17.4. The price invoiced to you is the price stated on the Dispatch Confirmation (as defined below) sent via email by NAOS.
17.5. The prices given do not include the delivery costs, which will be invoiced in addition and specified to you before the order is confirmed and when the order is definitively validated.
17.6. You accept NAOS’s right to modify its prices at any time, however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
17.7. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing at the postal address provided during the order process.
Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect price.
17.8. Payment:
All payments must be made immediately over the internet. Unless the server is unavailable, you may pay with a credit or debit card. MasterCard, Visa and Maestro cards are accepted, along with ApplePay, Google Pay and such other payment services as we may make available on the Website from time to time to process payments.
Depending on the payment method, you will need to enter:
the card number;
the expiry date;
the name of cardholder; and
the 3-digit safety code on the back of the card (MasterCard and Visa only).
Banking transactions will be carried out in a secure manner by NAOS’s designated payment partners.
NAOS reserves the right to refuse all orders or deliveries if the limits stated in the Introduction above are exceeded, if there is an existing dispute with you, in the event of total or partial failure by you to pay for that order or a previous order or if credit/debit card payment authorisation is refused by the banking organisations.
As part of the fight against online fraud, information concerning orders will be checked by NAOS’s designated payment partners.
PLACING AN ORDER
18.1. You may freely consult the various pages of the Website, with no commitment to order.
18.2. If you wish to place an order, you need to choose the various Products that are of interest, and confirm said interest by clicking on the "Add to Bag" button.
You may at any time:
obtain a summary of the Products you have selected or modify your order, by clicking on the button "My Bag", which is accessible on the top right of each page;
continue to select Products by clicking on "Continue Shopping"; and
complete your selection of Products and order them by clicking on "Checkout".
You then have to identify yourself in the ‘Billing and Delivery’ stage:
either by entering your email address and password, if you are a registered user on the Website; or
by proceeding to the checkout page as a guest where you will be requested to provide your email address and delivery and billing information.
If you opt to become a registered user, you accept that entering a user name, as requested, constitutes proof of your identity and evidences your consent to become a registered user of the Website.
Once you have identified yourself in the ‘Secure Payment’ stage, before clicking ‘Pay Now’, an order summary appears on screen, which summarises: the names, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, payment arrangements, your details, the delivery address for the Products, the billing address, contact details of the NAOS Customer Care Department and a link to information about your consumer rights to cancel and return your order at any stage.
18.3. Definitive validation of orders:
At the ‘Secure Payment’ stage you should verify that your shipping address and your billing address are correct. You are then requested to enter your credit/debit card details.
You must read these Terms which can be accessed at the payment stage and tick the "I accept the Terms and Privacy Policy" box before you click ‘Pay Now’.
Once you have clicked “Pay Now” your order is validated and you will be bound by the order and acknowledge that the placing of the order implies an obligation from you to pay. This is subject to your consumer rights to cancel your order.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
19.1. Our shopping pages will guide you through the steps you need to take to place an order. 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.
19.2. Once you have entered your details for payment and validated your order, an order acknowledgement page is displayed bearing an order number. This is also sent to you as an order acknowledgement email that summarises: the names, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, your details, the delivery address for the Products, the billing address, contact details of NAOS Customer Services and information about your consumer rights to cancel and return your order at any stage (“Order Acknowledgement”). Please note that this does not mean the order has been accepted. NAOS’s acceptance of your order will take place as described below.
19.3. We will confirm our acceptance to you of your order, and the Contract is formed between us, by sending you an email that confirms that the Products have been shipped (“Dispatch Confirmation”). The Contract between us is formed on the date of the Dispatch Confirmation email. Dispatch Confirmation sets out all the components of the Contract formed between us, including the names, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, your details, the delivery address for the Products, the billing address, contact details of our NAOS Customer Care Department, information about your consumer rights to cancel and return your order, a link to these Terms. You are advised also to keep a copy (electronic or printed) of the information concerning your order.
19.4. The data recorded by the Website constitutes proof of all the transactions concluded between NAOS and you. In the event of a dispute between NAOS and you on a transaction carried out on the Website, the data recorded by NAOS shall be deemed irrefutable proof of the contents of the transaction.
DELIVERY
20.1 Orders are prepared by the logistics center located at BDM LOGISTICS, BDM Logistics & Management, Armada Point, 16 Armada Way, Beckton, London, United Kingdom and then dispatched by the carrier nominated by NAOS (DPD). The estimated delivery time will be included in the Order Acknowledgement and Dispatch Confirmation sent to you. The estimated delivery times set out in the table below are from the date on which you place your order with us. Please note that the delivery time quoted is an estimate only.
Estimated Delivery
Next Day Delivery* / ** / ***
* If order is placed before 1PM on a working day. If order is placed after 1PM or on any non-working day then estimated delivery will be on the second or third working day.
** Delivery costs will be displayed on the checkout page of the Website.
*** Please note that for delivery to Northern Ireland, Scottish Highlands, islands, Aberdeen and other rural areas an extra working day needs to be taken into account of for these delivery options.
20.2. The Products ordered by you will be delivered to the delivery address stated by you when completing your order on our Website and you will need to sign for the delivery (regardless of the Delivery Method selected). You undertake to supply the exact delivery address when placing your order for the Products, which can be different to the billing address you provide.
20.3. If no one is available at your address to take delivery, we will leave you a note to advise that the Products have either been left with a neighbour who has signed for the delivery or to advise that the Products have been returned to our premises. In the latter case, to rearrange delivery please contact our NAOS Customer Care Department by email at support.esthederm@uki.naos.com.
20.4. Delivery of an order shall be completed when we deliver the Products to the address you give to us when completing your order on our Website and the Products will be your responsibility from that time.
20.5. You own the Products once we have received payment in full, including all applicable delivery charges.
20.6. Delivery problems:
NAOS will not be liable or responsible if your delivery is affected by an Event Outside Our Control (see Clause 10) including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the Products ordered. If a delivery is late, you must inform our NAOS Customer Care Department as soon as possible, by email sent to support.esthederm@uki.naos.com
Orders should in any event be delivered at the latest thirty (30) days after the date on which you receive a Dispatch Confirmation email from us.
20.7. Upon receipt of the Products ordered, you must check that the Products are as per your order completed on our Website. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by you on the delivery note including the returns form presented to you when the parcel is delivered and must imperatively be notified to our NAOS Customer Care Department, by email sent to support.esthederm@uk.naos.com
20.8. If we miss the Estimated Delivery Time for any Product(s) then you may cancel your order immediately if any of the following apply:
a) we have refused to deliver the Product(s); or
b) delivery within the Estimated Delivery Time was essential (taking into account all the relevant circumstances) and you specifically communicated this to us before we accepted your order.
20.9. If we miss the Estimated Delivery Time for any Products and you do not wish to cancel your order immediately, or do not have the right to do so under Clause 20.8, you can give us a new time for delivery, which must be reasonable having regard to the remainder of these Terms, and you can cancel your order if we do not meet the new time.
20.10. If you do choose to cancel your order for late delivery under Clause 20.8 or 20.9, 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, and we will pay the reasonable costs of this subject to inclusion of an applicable returns delivery receipt. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
20.11. Last orders for Christmas:
Ordering for Christmas? Please see our Website for last order dates for delivery before 25th December.
YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
21.1. If you are a consumer, you have a legal right to:
a) withdraw from the Contract at any time before the Contract is entered into (i.e. the period from when an order is placed until the Dispatch Confirmation email is sent); or
b) cancel a Contract at any time from when the Contract is entered into (i.e. from the date the Dispatch Confirmation email is sent) until 14 days after the day on which you receive the Product(s).
For example: if we provide you with a Dispatch Confirmation email 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.
21.2. This means that during the relevant periods at 15.1 a) or b) above 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. Advice about your legal right to cancel the Contract is available from your Citizen’s Advice Bureau or Trading Standards Office.
21.3. However this cancellation right does not apply in the case of a Contract for the supply of sealed goods which are not suitable for return due to health protection and hygiene reasons, if they become unsealed after delivery. Certain Products are cellophane wrapped and/or contain a seal to be removed before use then they will fall within the category of ‘sealed goods’.
21.4. To cancel a Contract, you need to let us know that you have decided to cancel. We will email you to confirm we have received your cancellation.
To complete an order form cancellation (exchange or refund) please contact us at support.esthederm@uk.naos.com
If you contact us please quote your order number to help us identify your order. If you send us your cancellation form by email or post, then your cancellation form is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your cancellation form into the last post on the last date of the cancellation period or email us before midnight on that day.
21.5. If you cancel your Contract you will need to pay the cost of returning the Product(s) to us and do this as soon as possible and, in any event, no later than 14 days after the date you communicated the cancellation of the Contract. NAOS does not accept returns with delivery charges due.
a) You must send Product(s) back with the Product Return and Refund Form received with your order to:
NAOS Customer Care Department
BDM Logistics
Armada Point, 16 Armada Way, Beckton,
London E6 7AB
b) You shall assume all reasonable risks linked to the return of Product(s) and take reasonable care thereof whilst in your possession. If you fail to return any Product the direct cost of recovery of that Product by NAOS shall be borne by you.
c) If you return all of the Product(s) you have ordered you should also return any free samples or free promotional products you may have received within your order.
21.6. If you cancel your Contract we will:
a) refund you the price you paid for the Products. We will refund you using the same means of payment you used for the initial transaction (unless expressly agreed otherwise). 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;
b) refund, only where the full order is returned, any delivery costs you have paid to receive it, although as permitted by law the maximum refund will be the cost of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery of a Product within a certain timeframe at one cost but you select express delivery of a Product within a shorter timeframe at a higher cost, then we will only refund what you would have paid if you had selected the cheapest delivery method we offer. For the avoidance of doubt, if the Standard Delivery method we offer is free then you will not be refunded any delivery costs even if you opted for another delivery method which was not free;
c) make any refunds due to you no later than 14 days after the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence (i.e. date stamped written statement from an established postal service provider listing the sender and the recipient) that you have sent the Product(s) back to us.
21.7. If you have returned a Product to us because it is faulty, damaged or you have not received the Product you ordered, we will examine the Product as quickly as possible. If the non-compliant nature of the Product is confirmed by us, we will refund the price of the Product in full. Where the full order is returned we will 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 (as set out in 10.6 b) above).
We will pay the reasonable delivery costs you incur in returning the Product(s) to us subject to the inclusion of a returns proof of postage receipt. We request that you return such Product(s) to us via the Post Office ‘Royal Mail Signed For’ delivery method.
21.8. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the 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 in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
21.9. The right of cancellation can only be exercised by you, the purchaser of the Product, and not by a third party.
PART 3 – CUSTOMER INTERACTIONS
CUSTOMER RATINGS AND REVIEWS TERMS AND CONDITIONS
This section governs your use of the Customer Ratings and Review service on the Website (the "CRR Service"). You may not use the CRR Service if you are an employee of NAOS or any of its affiliated companies.
NAOS grants you a licence to use the CRR Service solely for your personal use in accordance with these Terms. This free, non-exclusive and non-transferable licence allows you to use the CRR Service to review NAOS products, and not for any other purposes. NAOS shall not be held responsible for any content created by you on the Website. You are not allowed to copy or reproduce the CRR Service, or any other element of the Website or take any action with a view to distributing or reproducing the Website or the CRR Service. You must not take any action that would affect the functionality of the CRR Service or the Website, whether in whole or in part.
By posting a comment on NAOS’s website, you represent and warrant that:
you are the author of the comment, that you are not stealing the identity of another person, and you are not using a false email address or otherwise being misleading as to the origin of your comment;
your comment is your original work and does not infringe the intellectual property rights of third parties;
you hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988;
all content that you post is truthful and accurate;
you are at least 18 years old;
your comment complies with these Terms.
You further agree and warrant that you shall not submit any content:
that identifies you to other consumers (so please do not use your full name and instead just your first name or a username);
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights;
that contains any information about NAOS’s competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);
that contains any pricing information;
that refers to a third party individual without their prior express consent;
that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, consumer protection, unfair competition, anti-discrimination or advertising);
that is, or may reasonably be considered to be illegal, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, or otherwise injurious to third parties or objectionable;
that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings or other forms of “spam”;
that is unrelated to the purpose of reviewing the products listed on the Website;
which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;
for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from NAOS;
that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;
that contains any actual, or instructions on how to create, computer viruses or other potentially disruptive or damaging computer programs or files.
NAOS reserves the right to change, edit or delete any comment submitted by you to its website that NAOS deems, in its sole discretion, to violate these Terms. NAOS reserves the right not to publish any comment submitted by any user for any reason. In addition, it reserves the right not to publish:
duplicate content;
blank reviews;
reviews in a language that is not English;
any unintelligible content (such as content that contains random characters and meaningless word strings).
NAOS has the right to limit or suspend access to any user that is in breach of these Terms.
NAOS cannot guarantee that you will be able to edit or delete any content you have submitted. Before being posted, any ratings and written comments will be reviewed to ensure that they comply with these Terms. Ratings and written comments, together with your username are generally posted within two to four business days. However, NAOS reserves the right to remove or to refuse to post any submission if it does not comply with these Terms.
If you have any concerns or complaints about any NAOS products and their application to you, please contact our Consumer Care Department on support.esthederm@uki.naos.com. NAOS reserves the right to refer your review to its Consumer Advisory Department rather than publishing it if it believes that your comment would be better handled in this way.
The CRR Service may be unavailable from time to time for maintenance or other technical reasons and NAOS cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the CRR Service.
For any comments that you post, you grant NAOS a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such content and/or incorporate such content into any form, medium or technology, including NAOS’s social media pages, together with your username or first name and location.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to NAOS including the execution of deeds and documents, at its request.
By submitting your email address in connection with your rating and review, you agree that NAOS and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.
You agree to indemnify, keep indemnified and hold NAOS (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all losses, claims, demands, and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by NAOS for any breach of your representations and warranties set forth above.
NAOS reserves the right to suspend the CRR Service at any time without notice.
CODE OF CONDUCT
We support the values of tolerance and respect of others. Content on this Website provided by any user of the Website is referenced as “User Content”.
For this reason, by using this Website, you agree not to:
* Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
* Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;
* Use the Website for political, propaganda or proselytizing purposes;
* Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
* Divert the Website from its intended purpose, including by using it as a dating service;
* Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number;
* Disseminate any information or content that may be upsetting for the youngest;
* Intimidate or harass others;
* Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
* Disseminate content (including photographs and videos) portraying minors.
If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, you shall immediately notify us at the following email address support.esthederm@uk.naos.com specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.
If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the following email address: support.esthederm@uk.naos.com specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the reported content and the user ID of the author thereof.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
You undertake not to transmit any information on this Website that may result in civil or criminal liability, and in this respect undertake not to divulge any information via this Website that is illegal, contrary to public order or defamatory to any party.
Download is permitted by NAOS provided only that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
If you would like information about obtaining NAOS's permission to use any of the Content or if you would like to link your website to the Website, e-mail your enquiry to support.esthederm@uk.naos.com.
NAOS GROUP UK LTD Details:
NAOS GROUP UK LTD
Registered Office at 1 Fetter Lane, EC4A 1BR London, UK
Registered with the Registrar of Companies for England and Wales under number 08975311