Terms and conditions

Last updated: March 2020

This site is owned and operated by Skoosh Skin Ltd.

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

To read our Privacy Policy please view here.

General

You have chosen to visit the Site in the United Kingdom in order to purchase our Products. As a consequence, irrespective of your place of residence, any purchase you make will occur in the United Kingdom and will be governed by these T&Cs and the laws of England and Wales. Any use of currencies other than the UK pound sterling are purely for your ease of reference.

Definitions

  • Skoosh Skin means Skoosh Skin Ltd, whose registered office is at 78 York Street, London, W1H 1DP, UK with registered VAT GB338739363 and whose company number in the register maintained by the Companies House is 11682440 and ‘we’, ‘us’, ‘our’ shall mean Skoosh Skin.
  • Customer means an individual visiting and/or purchasing goods on our website and ‘you’ and ‘your’ refer to the customer/site user.
  • Contract means the legally-binding agreement between you and us for the supply of the Goods.
  • Dispatch Confirmation means the email we send you confirming your order (at which point the contract between us will be formed).
  • Goods means any products offered for sale on the Site.
  • Order means the Customer’s order for the Goods from us as submitted following the step by step process set out on the Site.
  • Services means any information and services ordered and/or provided by Skoosh Skin through or via the Site. For the avoidance of doubt, any electronic information supplied to you by Skoosh Skin will constitute part of the "Service" not a Product and cancellation rights will apply accordingly.
  • Site means the web site at the URL www.skooshskin.com or WAP site or replacement site(s) from time to time.
  • Submission means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.

Goods

We will take all reasonable care to ensure that all details, descriptions, images, ingredients and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Any weights, dimensions and capacities given about the goods are estimates only. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our Basis of Sale. All Goods which appear on the Site are subject to availability. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

The state of scientific knowledge of many ingredients discussed on this Web site is evolving, and we periodically update the information posted on this site. The information provided on this website is neither designed nor intended to set or depict manufacturing standards concerning products.

We make no warranties or representations of any kind as to any of the information posted or contained on www.skooshskin.com. By using this Site and the information herein, you do so at your own risk. The information contained on the Site is provided on an "as is" basis.

Basis of Sale

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Site, we can reject is for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Site. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. You are able to correct errors on your order up to the point at which you click on 'submit order' on the final page of our ordering process. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it.

After placing an order, you will receive an email from us acknowledging that we have received your order (Order Confirmation). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Skoosh Skin to buy a Product via the Site (and Skoosh Skin reserves the right to refuse orders for Products). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the order has been dispatched (Dispatch Confirmation).

We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.

Withdrawal and Cancellation

If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.

You will not have any right to cancel a Contract for the supply of any Products in the following circumstances:

  1. Where by reason of their nature (and the manner in which you have taken care of them) the Product(s) cannot be returned (for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers due to health & safety or hygiene reasons); and/or
  2. Where the Product(s) have been customised to your chosen specifications.

Your legal right to cancel a contract starts from the date of the Dispatch Confirmation, which is when the contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

To cancel a contract, you need to let us know that you have decided to cancel. The easiest way to do this is to contact us via our online form. If you use this method we will e-mail you to confirm we have received your cancellation. The Product(s) covered by the cancellation must then be returned to us at the following address:

Skoosh Skin, 17 Palace Court, London, W2 4LP

When returning items you are strongly recommended to carefully pack the items and obtain proof of posting. We cannot accept responsibility for parcels lost in transit.

If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

If you cancel your contract we will:

  1. Refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop; and when returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
  2. 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 (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  3. Make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us

Please note that it can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt, although it may take up to a further week for the amount to show in your account.

Refunds in relation to Products may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements. If you used vouchers to pay for the product we may refund you in vouchers.

If you have received the goods before you cancel your contract then you must send the unused, undamaged goods back to our contact address at your own cost and risk. If you cancel your order but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. In both cases, you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. If you do not return the Products within 14 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.

You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.

As you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.

Cancellation By Us

We reserve the right to cancel the contract between us if:

  • We have insufficient stock to deliver the goods you have ordered;
  • We do not deliver to your area; or
  • One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

Prices and Payment

Please note purchasing currency is GBP - all other currencies can be used as a guide only.

Prices are subject to change without notice. The prices displayed on our website remain the same regardless of the country of delivery. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site. Customs charges, taxes or fines that may have been incurred by individual customers are the responsibility of the individual customer. Skoosh Skin is in no way liable for any customs charges incurred by its customers.

Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery. If it is not possible to obtain full payment for the goods from your account then we can cancel the order and or suspend any further deliveries to you. This does not affect any other rights we may have.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Promotions

Promotional offers are only valid when used online at www.skooshskin.com, and may consist of money off, a free gift or a combination of both. Offers may require a specific code to be entered at the checkout to be valid. All codes are valid for a set length of time that may or may not be disclosed by Skoosh Skin. Multiple promotional codes cannot be used on the same order. If a code is limited to one use per customer, this will be stated on the site. Specific brand promotion codes are only valid on the brand stated by Skoosh Skin. Skoosh Skin reserves the right to modify the brand exclusions list during any stage of a promotion.

Delivery

We will deliver the goods in accordance with the delivery option selected by you during the order process. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate, we take no responsibility for non-delivery due to an error on the order addresses. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.

We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

Risk and Title

Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

Personal information

We retain and use all information strictly under the Privacy Policy. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Your Account

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our privacy policy regarding the treatment of your personal information.

You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by updating your details through the “Account” page.

You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Your Account is not transferrable, and you will be liable to us for all activity and purchases undertaken under your Account.

You may only use your Account to purchase products for personal use and not for resale or to sell them for business or professional purposes or otherwise on behalf of or in connection with any business.

You may only have one account with us and we reserve the right and shall be entitled to refuse, merge or close additional accounts at any time. We may also suspend accounts where we suspect that you have registered more than one account. We also reserve the right to charge you for any additional benefit that you may have obtained as a result of having multiple accounts for example by benefitting from more than one new customer discount or multiple promotional codes.

We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Skoosh Skin’s best interests to do so.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation. Upon delivery, the Goods will:

  1. be of satisfactory quality;
  2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to reply, on our skill and judgment) and fit for any purpose held out by us or set out in the Contract; and
  3. conform to their description.

It is not a failure to conform if the failure has its origin in your materials.

Circumstances beyond the control of either party

In the event of any failure by us because of something beyond our reasonable control:

  1. we will advise the Customer as soon as reasonably practicable; and
  2. our obligation will be suspended so far as is reasonable, provided that we will act reasonably, and we will not be liable for any failure which we could not reasonably avoid, but this will not affect the Customer’s above rights relative to delivery and any right to cancel.

Intellectual Property

All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Skooshskin.com, its affiliates or partners. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Skooshskin.com, its affiliates or partners, in the United Kingdom and other countries, and are protected by United Kingdom and international trademark laws.

Consent for Processing Your Skoosh Skin Quiz Data

By giving your consent, you approve of us saving the personal, and sometimes sensitive, information provided in your Skoosh Quiz answers (for example, your skin type and age). We will use this information in order to provide you with a personalised selection of products, a better online shopping experience and more appropriate marketing communications so that we can email you with more relevant content and offers. There is no guarantee that the recommendations you receive will be 100% accurate. All recommendations are based on the information provided to us.

Adverse Reaction Policy

If you have an allergic reaction to a product purchased from skooshskin.co.uk, please contact us via our online contact form here.

Third Party Links

We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.

Submissions

It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Skoosh Skin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some international jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Skoosh Skin and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these.

Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

Platform

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).

Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. It is Certified Level 1 PCI DSS compliant, with annual on-site compliance assessments and continuous risk management. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Governing law, jurisdiction and complaints

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.

If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us here using our online form. Please note, any information provided on this website or any website linked to from this website is not intended as medical advice. If you have a medical problem or concern please consult your GP.