Dermalogica (UK) Ltd ("Dermalogica")
On line Trading Terms and Conditions

• 1. This page (together with the documents referred to on it) sets out the terms and conditions on which Dermalogica supplies any of the Dermalogica products (“Products”) listed on Dermalogica websites or websites associated with
  
  www.dermalogica.co.uk
  www.dermalogica.ie
  ("the Sites")
  
  to authorized account holders, including professional make-up artists and SHAVE only accounts who have accounts with Dermalogica (“Customers”). Please read these terms and conditions carefully before ordering any Products from the Sites. Customers should understand that by ordering any Products, they agree to be bound by these terms and conditions.
• 2. Customers should check the box next to ‘I have read and accept the terms and conditions.’ at the end of each order if they accept them. If Customers do not accept these terms and conditions, Customers will not be able to order any Products from the Sites.
• 3. After placing an order, Customers will receive an e-mail from Dermalogica acknowledging that Dermalogica has received the order. Please note that this does not mean that an order has been accepted. An order from a Customer constitutes an offer to Dermalogica to buy Products. All orders are subject to acceptance by Dermalogica, the contract between Dermalogica and the Customer (“Contract”) will only be formed when Dermalogica dispatches and invoices the goods. Until such time as Dermalogica accepts any orders they shall appear under ‘My Orders’ on the Sites. Once Dermalogica accepts an order it will no longer appear on the Sites. Goods dispatched and invoiced will show on the Sites as an invoice.
• 4. The Contract will relate only to those Products whose dispatch Dermalogica has confirmed in an invoice. Dermalogica will not be obliged to supply any other Products which may have been part of a Customer’s order.
• 5. Products will be dispatched within 48 hours of the order being placed on the Sites, unless there are exceptional circumstances.
• 6. The Products will be at the Customer’s risk from the time of delivery.
• 7. Ownership of the Products will only pass to the Customer when Dermalogica receives full payment of all sums due in respect of the Products, including delivery charges.
• 8. The price of any Products will be as quoted on the Sites from time to time, except in cases of obvious error. These prices exclude VAT and delivery costs, which will be added to the total amount due. Prices are liable to change at any time. Dermalogica will however endeavour to provide reasonable notice of any price increases.
• 9. The value of products ordered by Customers with credit account status will be charged to their account, up to the value of their credit. Where the customer has no credit with Dermalogica, payment for all Products must be by credit or debit card. Dermalogica will charge a Customer’s credit or debit card prior to dispatching goods.
• 10. By initially accepting an order, Dermalogica is under no obligation to supply the Products ordered. No additions or changes may be made to an order once placed.
• 11. Orders will be delivered to the address provided to Dermalogica by the Customer and held in our systems at the time the order is dispatched and invoiced. Any delivery dates suggested are estimates only, and Dermalogica is not liable for any losses caused by late delivery or non-delivery.
• 12. Dermalogica’s liability for losses the Customer suffer as a result of Dermalogica breaking this agreement is strictly limited to the purchase price of the Products ordered and any losses which are a foreseeable consequence of Dermalogica breaking the agreement. Losses are foreseeable where they could be contemplated by Dermalogica and the Customer at the time the order was accepted by Dermalogica.
• • 12.1 This does not include or limit in any way Dermalogica’s liability:
    • 12.1.1 For death or personal injury caused by our negligence;
    • 12.1.2 For fraud or fraudulent misrepresentation; or
    • 12.1.3 For any matter for which it would be illegal for Dermalogica to exclude, or attempt to exclude, Dermalogica’s liability.
• 13. Applicable laws require that some of the information or communications Dermalogica send to Customers should be in writing. When using our Sites, Customers accept that communication with Dermalogica will be mainly electronic. Dermalogica will contact Customers by e-mail or provide Customers with information by posting notices on the Sites. For contractual purposes, Customers agree to this electronic means of communication and Customers acknowledge that all contracts, notices, information and other communications that Dermalogica provide to Customers electronically comply with any legal requirement that such communications be in writing. This condition does not affect Customers statutory rights.
• 14. All notices given by Customers to Dermalogica must be given to Dermalogica (UK) Ltd at The Manser Building, Thorncroft Drive, Dorking Road, Leatherhead, Surrey, KT22 8JB OR enquiry@dermalogica.co.uk. Dermalogica may give notice to Customers at either the e-mail or postal address Customers provide to Dermalogica when they become an authorised account, or as subsequently provided in writing to the above address as held within the Sites on ‘My Details’. Notice will be deemed received and properly served immediately when posted on the Sites, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
• 15. Order acknowledgements will be sent to the e-mail address currently held for the Customers Dermalogica account.
• 16. The contract between Dermalogica and the Customer is binding on Dermalogica and the Customer and on their respective successors and assigns.
  • 16.1.1 Customers may not transfer, assign, charge or otherwise dispose of a Contract, or any of the Customers rights or obligations arising under it, without prior written consent from Dermalogica.
  • 16.1.2 Dermalogica may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of their rights or obligations arising under it, at any time during the term of the Contract.
• 17. Dermalogica will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
  • 17.1 The performance of Dermalogica under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Dermalogica will have an extension of time for performance for the duration of that period. Dermalogica will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under the Contract may be performed despite the Force Majeure Event.
• 18. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• 19. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract for Online Trading and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
• 20. Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by an authorised representative of Dermalogica.
  • 20.1 The information and materials contained in these pages - and the terms, conditions, and descriptions that appear - are subject to change.
  • 20.2 Any and all disputes arising between Dermalogica and the Customer will be subject to the non-exclusive jurisdiction of the English courts and the Contract shall be governed by English law.
• 21. Customers must also adhere to the Terms of Website Use governing the use of the Sites and Dermalogica Privacy Policy which are deemed to be incorporated in these terms and conditions.