Terms & Conditions
ABOUT US & COMPLIANCE INFORMATION
The website www.sofnfreenaturals.com (“Website”) is operated by M&M Cosmetics Ltd. A limited company registered in England at the Registrar of Companies in England, London, under company registration number 81843, with its UK branch office at Unit 13 Watford Metro Centre, Dwight Road, Watford, WD18 9SB, United Kingdom, (“M&M Cosmetics Ltd”, “we”, “us” or “our”). The Company’s registered office address is in England 183-189, The Vale, London, W3 7RW.
M&M Cosmetics Ltd is the Responsible Person for the purpose of UK Cosmetics Regulation and should be contacted for this purpose at Unit 13 Watford Metro Centre, Dwight Road, Watford, WD18 9SB, United Kingdom.
M&M Cosmetics Ltd, a limited company registered in England at the Registrar of Companies in England, London, under company registration number 517568, is the Responsible Person for the purpose of the EU Cosmetics Regulation and should be contacted for this purpose at Unit 13 Watford Metro Centre, Dwight Road, Watford, WD18 9SB, United Kingdom which is also that Company’s registered office address in London.
We have reasonably endeavoured to ensure that the Website complies with UK laws and regulations and broadly with requirements in the EU. While we do sell our products outside those territories, we neither offer nor imply any warranty that the Website or our products are compliant or lawful outside those territories and you should rely on your own due diligence and inquiries in this regard.
If you are a customer outside the UK, you are welcome on the Website and can purchase our products, but please note that we cannot guarantee that the sale, delivery and import of our products to your particular country or location is permissible or free of significant restrictions. For the avoidance of doubt, in those circumstances you will be deemed to be the importer of the products and the Designated Carrier with the relevant customs and tax authorities in both your own country and, if different, any customs clearance country that may apply and accept full legal liability and responsibility as such and hold us harmless in that respect.
For all customers outside the mainland Great Britain, regardless of jurisdiction, you as the customer accept full liability and responsibility for payment of all import duties, taxes, fees, tariffs and charges that may be applied by the authorities in your jurisdiction whether prior to or as a condition of importation. In the event the Ireland/Northern Ireland Protocol (or its successor) should expire and Northern Ireland becomes de facto part of the UK Customs Area as well as de jure, then this provision shall no longer apply for customers in Northern Ireland.
FORMATION OF CONTRACT
For the purpose of these Terms & Conditions of Sale (‘Terms’), you are contracting with M&M Cosmetics Ltd, the party defined above.
You confirm you are at least 18 years old, or the age of majority in your jurisdiction, whichever shall be the greater. Please read these Terms carefully before accessing or using our Website. Using the Website indicates your acceptance of these Terms and a contract between us for the sale of goods is formed at the point that we dispatch your order, which will be when we e-mail you to confirm this has occurred (or supply you with the equivalent confirmation).
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
AMENDMENTS AND PRODUCT CHANGES
We reserve the right to:
- refuse service to anyone for any reason, or no reason, at any time.
- make changes to the products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- update these Terms from time-to-time and any changes will be notified to you via a suitable announcement on the Website as well as e-mail address you provided us upon registration. The changes will apply to your use of the Website after we have notified you and published such an announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms. In any event, you will be prompted to formally review our Terms and confirm that you have read, understood and agree them whenever you place an order with us; and,
- modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any adverse financial consequences that may result from the modification to or withdrawal of the Website or its contents.
The images of the products on our website and the packaging are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on your device accurately reflects the colour of the products. Your product may vary slightly from those images.
This offer applies only to qualifying items listed in the Multibuy area of this Website. Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multibuy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
GIFT WITH PRODUCTS PROMOTIONS
Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for an alternative gift. In order for us to facilitate the provision of a free gift, it may be necessary for us to list the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to ‘purchase’ the free gift without purchasing the product it is provided free with and any attempt to ‘purchase’ the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.
All orders must be placed in pounds sterling or euros.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed, as we may jointly make changes to the order after its initial placement, at your request or for other reasons attributable to us.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Our Website is for consumers only. If you are a business or organisation, then you should contact us separately to discuss terms. The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
All goods purchased through the Website will normally be delivered within 30 calendar days after the date of our dispatch confirmation, unless otherwise agreed or specified during the ordering process.
We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, we will inform you as soon as possible and will take steps to minimise the impact of the delay.
You will assume the risk and title for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. All UK/Europe orders will be despatched from the UK. If you (or someone on your behalf) are not available at your address to take delivery of the goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the goods.
If you do not arrange to have the goods re-delivered or do not collect them, we will contact you to ask for further instructions.
We may charge you for storage and for further delivery costs. If, despite our reasonable efforts, we cannot contact you or cannot arrange for re-delivery or collection of the goods, we may end the contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
In the unlikely event that we do not deliver the goods on time (within 30 calendar days of the dispatch confirmation or as otherwise agreed or specified), you will have the right to cancel the contract and receive a full refund.
MAKING CHANGES TO ORDERS
If we have not yet dispatched your order and you wish to make a change to the product you have just ordered, please contact us immediately. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Any change agreed will only take effect when you receive from us confirmation of dispatch of the revised order.
FAULTY, DAMAGED OR INCORRECT GOODS
The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
- Right to a refund: If a product is faulty, damaged, or not as described, you have the right to return it for a full refund within 30 days of purchase.
- Right to a repair or replacement: If the product develops a fault within the first six months after purchase, you can choose to either have it repaired or replaced free of charge. If the fault cannot be fixed or the replacement is also faulty, you can request a refund.
- Right to reject: If the fault develops after six months, you can still request a repair or replacement, but we have the right to make a deduction for the use you had from the product. If the fault is severe, you can reject the product and request a refund.
- Right to compensation: If a faulty product causes any damage or harm, you may be entitled to compensation for any loss suffered.
Please note that you will not be eligible to claim the rights above if on any reasonable view the goods are perishable or are likely to deteriorate quickly.
If you have simply changed your mind, then please see the section ‘Cancellation Rights’ below.
For the avoidance of doubt, the seller is based in the UK and all conflict of laws principles are excluded from the contract between us arising from these Terms.
Accordingly, you have the following rights:
You have the right to cancel any contract entered into with us and/or cancel your order within 14 days from the day after the day on which you acquire physical possession of the goods, unless you exceed what is needed to check the goods, including opening them and use. If you wish to exercise this right of cancellation, you should e-mail or telephone us, giving your name, your e-mail address and the order number, to confirm that you will be returning the goods to us. You then have a further 14 days in which to return the goods to us in the same condition they were received.
We will then reimburse you in accordance with our Refunds & Returns Policy.
The above rights are subject to the riders that:
(a). where a right is exercised after dispatch of your order and there is no fault on our part, we may shorten any of the stated periods if we have supplied you with goods that, on any reasonable view, are considered perishable or are likely to deteriorate quickly. In that event, we will notify you of the position as soon as possible; and,
(b). where the goods are sealed for health or hygiene reasons and you have unsealed them after receiving them, we reserve the right to refuse to accept the return of the goods or provide a refund.
In all cases, you are advised to read our Refunds and Returns Policy.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website: any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
REFUNDS & RETURNS
Information on Refunds and Returns is available [HERE].
SHIPPING & DELIVERY
Information on Shipping and Delivery is available [HERE].
LIMITATION OF LIABILITY
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987).
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our website is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connections with the Site and your use thereof, including, without limitation, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(3) unauthorized access to or use of our secure servers or all personal data or financial information stored therein,
(4) interruption or cessation of transmission to or from the site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the site.
We do not warrant, guarantee, or assume responsibility for any product or service advertised, or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you any third-party providers of products or services.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions or in any other binding agreement with us, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, unless stated otherwise. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
GOVERNING LAW AND DISPUTES
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the courts of England & Wales, which (subject to the provisions below) shall have exclusive jurisdiction.
If you live in Scotland you can bring legal proceedings in respect of the products in either the courts of Scotland or the courts of England & Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the courts of Northern Ireland or the courts of England & Wales.
If you live outside the UK, we reserve the right to bring debt collection proceedings and proceedings for injunctive relief in the courts of your local jurisdiction in addition to, or instead of, proceedings in the courts of England & Wales.
If you live in the EU, Iceland, Liechtenstein or Norway
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.