Terms & Conditions
The SkinGym – Terms & Conditions of Business
a) We are SkinGym, with our registered office at 90 Upper Lane, Gomersal, Cleackheaton, BD19 4JF.
b) These are the terms and conditions (“Terms”) which apply to information shown in the pages of www.theskingym.co.uk (“the Website”) and to the ordering of any products (“Products”) from the Website. Please read these Terms carefully and make sure that you understand them before ordering any Products. By placing an order for Products, you agree to accept these Terms and to comply with them. If you disagree with any part of these Terms, you must not use the Website.
c) If you wish to contact us, please either call us on 01274 288 801 or email email@example.com or write to us at The SkinGym 90 Upper Lane, Gomersal, Cleackheaton, BD19 4JF
d) When we refer in these Terms to “in writing”, this will include e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2) Accessing and changes to the Website
a) The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
b) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
c) We may update the Website from time to time and may change its content at any time. However, please note that any of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
3) Intellectual property rights
a) The Website and all intellectual property protecting the Website (“Content”) are the sole and exclusive property of us or our licensors.
b) You may view the Website on your computer screen and print the Content on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
c) Without our written consent, you may not use, transfer, adapt, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing the Content. This includes electronic reproduction by uploading or downloading.
d) You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
e) All Content of this Website are: © The SkinGym. Our status as the authors of Content on our site must always be acknowledged.
4) Restricted access
a) Access to the My Account section of the Website is restricted to registered users.
b) You have the ability to register on the Website to enable you to access restricted areas of the Website or other content or services.
d) You accept responsibility for all activities that occur under your user account including without limitation your interaction with other users of the Website.
e) We reserve the right to restrict access to areas of the Website, or indeed the whole Website, at our discretion.
f) We may disable your account and password at our discretion.
g) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
h) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing.
5) Customer Testimonials
a) You are solely responsible for any content (in whatever form) that you upload, publish, display, post on, or transmit to or share with other users on the Website (User Content) and we accept no responsibility in relation to the same.
b) You agree that we are under no obligation to pre-screen or control User Content that is made available on the Website and as such we do not guarantee the suitability, accuracy or quality of such content.
c) However, we may take such action as we deem appropriate to deal with the posting of unsuitable User Content, including suspending or cancelling your account, restricting your access to the Website, or commencing legal proceedings against you.
d) Ownership of your User Content, and any intellectual property and proprietary rights in your User Content remains with you. However, by uploading, publishing, displaying, posting or transmitting User Content on the Website, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
e) You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
f) You must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
g) You must not use the Website for any purposes related to marketing without our express written consent.
h) You must not use the Website to copy, publish or send mass mailings or spam.
i) You must not use the Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
j) We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy.
k) You agree to indemnify us, our officers, employees or licensors in respect of any loss that we or they may suffer as a result, directly or indirectly, of any breach by you of any provision of this clause 5.
6) Linking to the Website
a) You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
b) The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms.
c) If you wish to make any use of Content other than that set out above, please contact us in writing.
d) Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
7) Website information and liability in respect of Website use
a) The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. In particular, the information given on this Website is not intended to diagnose, treat, cure or prevent any disease. If you have a medical problem, or are taking prescribed medication, please consult with your own doctor.
b) We have tried to ensure that information provided in the Website is accurate in all material respects. However, we make no representation and give no warranty or guarantee of any kind in respect of the information.
c) Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
d) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any Content on it, whether express or implied.
e) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or use of or reliance on any Content.
f) Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
g) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content, or on any website linked to it.
h) We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
i) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to you, which are set out in clause 8 below.
8) Our liability in respect of our supply of Products
a) If we fail to materially comply with these Terms with regards to the supply of Products, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.
b) We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
c) We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 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
- defective products under the Consumer Protection Act 1987.
We may change these Terms from time to time and without individual notice to you. Please check this page regularly to ensure you are familiar with the current version. You will be deemed to have accepted any changes if you continue to use the Website after such changes have been posted.
10) Virus Protection and Compatibility
a) While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Website is virus-free and secure.
b) We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. We do not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
c) You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
11) Events outside our control
a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11(b).
b) An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, 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.
c) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under these Terms 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.
a) If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
b) If any of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
c) None of these terms and conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
d) We may transfer our rights and obligations with respect to any order for Products to another organisation but this will not affect your rights or our obligations under these Terms.
13) Law and jurisdiction
These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
14) Description of Products
a) The description and specification of products in the Website is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those Products.
b) We may correct any error appearing in the Website or withdraw any Product from sale without incurring liability, subject to clause 8. Price and availability is also subject to change without notice.
a) You may order Products from the Website by submitting a completed order form through the check out procedure.
b) We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.
c) 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 page of the order process.
d) 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 in the price on the Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount together with any delivery charges as soon as possible.
16) Price and Payment
a) The price of the Products will be the price quoted in the Website at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery.
b) In addition to the price, you will have to pay our delivery charges, as set out in clause 17 of these Terms, at the time we accept your order unless you qualify for free delivery.
c) Payment is made by credit card at the time we accept your order. The credit cards we accept are listed in the Website at the time you place your order. Refunds will generally be made by means of a credit to your credit card.
d) It is always possible that, despite our best efforts, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will 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. 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 (lower) price.
a) We use a range of Royal Mail services to deliver your order which are dependent upon the size and weight of your order.
b) Order are usually despatched within 24 working hours of placing your order Monday to Friday, subject to being in stock and will take approximately 3-5 days to arrive from confirmation of order despatch.
c) The delivery charges are as follows:
Orders less than £50 are charged at £3.95
Orders over £50 are free of charge
d) The services we use are Royal Mail 1st Class and 2nd Class & Royal Mail Signed For
e) For any problems with your order contact 01274 288 801 or email firstname.lastname@example.org
f) We will arrange for delivery of the Products you order to the address which you specify in the checkout procedure. However, you agree that the time for delivery will not be of the essence to the contract between us.
g) If you do not take delivery of the Products or supply adequate delivery instructions, we may cancel your order and retain the Products. (In this event, we will refund you the price of the Products) OR charge you another delivery cost at £3.95
h) If there is an error or any other delivery problem in respect of the Products ordered, you must notify us in writing within 14 days after the delivery date. Subject to the other provisions of these Terms, we will not be liable for any loss or damage if you fail to do this.
i) Orders can only be accepted and despatched within the UK. Any international orders will be cancelled and refunded.
I have not received my order, what should I do?
We do ask that you allow the specified working days stated above for your order to be delivered. If you have not received your parcel in this time, please kindly check with your local sorting office to see if they are holding the parcel for you. Should they not have your parcel, please contact us on 01274 288 801 or email email@example.com and we will be happy to assist you further.
Can I have my order delivered to multiple addresses?
If you would like to send orders to more than one address, please place a separate order for each delivery address.
Can I order outside the UK?
No, SkinGym are a UK stockist only and any international orders will be cancelled and refunded.
18) Returns and Refunds
a) We hope you love our Products as much as we do, but if for any reason you are unhappy with your purchase and would like to return and exchange any Product, or receive a refund, please call our customer centre on 01274 288 801 or email firstname.lastname@example.org.
b) Our team of advisors are here between 9.00am and 5.00pm, Monday to Friday. At all other times, please leave a message and we will ring you back as soon as we can.
c) Please notify us within 7 days of receiving your order if you would like to return a Product for exchange or refund and return to us within 14 days of receipt of order.
d) Due to the nature of the products we sell, items cannot always be returned. Please see the below information on whether you can return an item (this does not affect your statutory rights).
- You cannot return an item if:
- The product has been opened (hologram no longer intact, manufacturer / factory seal no longer in place or packaging damaged)
- The product has been used
- You can return an item if
- It has not been opened or use
- It is in perfect resalable condition
- It is returned to us within 14 days of receipt of the order
e) If an item(s) is returned to us and it has been used / opened / is not in a resalable condition or does not pass the UV light checking process, the item(s) will be returned to the customer without prior notice.
f) Returns postage is at your own cost and risk. We would recommend that you return your items via a tracked delivery service. Please clearly state on the returns form the reason for return and whether you require a refund or exchange. Please put a contact number on your returns form should you require an exchange. .
g) Some goods are non-returnable for hygiene reasons. Please note that this does not affect your statutory rights.
h) Once a refund has been issued you will receive a confirmation email detailing the amount that has been refunded, and the item(s) that we have received back.
i) Refunds can only be made to the billing details provided when ordering.
j) We aim to process all returns as quickly as possible and you should receive confirmation of this within a week of having returned the item.
k) If you exercise your right of cancellation after 14 days of receipt of the order, any returned goods must be in perfect resalable condition (inner and outer packaging fully intact) and are subject to a 25% re-stocking charge.
l) Reactions to Products
- It is the customer’s responsibility to patch test any product prior to use. Always check compatibility of any purchased products with other material facts that can affect results described.
- If you have followed the above process but feel that you have had a reaction to a product, please immediately report this in writing to email@example.com
- We may require to supply further information regarding your reaction including images and return of the products which will be submitted to the manufacturer for further testing.
- If you do experience a reaction and further action / correspondence is required then The SkinGym will provide full details of what is required via email.
19) Cancelling an Order
a) You have the statutory right to cancel your order at any time prior to your order being processed. Please be aware that orders are usually processed on the same day that they are received. Simply call our customer care line on 01274 288 801 during our opening hours (as above) or email firstname.lastname@example.org with your name, address and order reference number.
b) You also have the statutory right to withdraw from the order at any time after it has been dispatched, but no later than 7 working days after the day after you receive the product. Please call our customer centre on 01274 288 801 or email email@example.com with your name, address and order reference number.
c) You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or mis-described, please see clause 19(d).
d) If you have returned the Products to us under this clause 19 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
e) We refund you on the credit card or debit card used by you to pay.
f) If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable;
- unless the Products are faulty or not as described (in this case, see clause 19(d), you will be responsible for the cost of returning the Products to us. We would recommend that you return your items via a tracked delivery service.
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
a) We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) and according to the Which? Web Trader Code of Practice.
b) We do not store credit card details nor do we share customer details with any 3rd parties
c) For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is The SkinGym.
d) We collect information about you for two reasons: firstly, to process your order for Products and second, to provide you with the best possible service.
e) By providing us with your information you are giving us consent to contact you including for marketing purposes.
f) We will give you the chance to refuse any marketing email from us in the future.
g) We will never pass on your information to any third party without your prior consent.
h) The type of information we will collect about you includes:
- * your name
- * address
- * e-mail address
i) We may collect, store and use the following kinds of personal data:
- information about your computer and about your visits to and use of this Website, such as your IP address, geographical location, browser type, referral source, length of visit and number of page views;
- information relating to any transactions carried out between you and us on or in relation to this Website, including information relating to any purchases you make of our Products (including name, e-mail address, postal address and phone number);
- information that you provide to us for the purpose of subscribing to our e-mail notifications;
j) We may use your personal information to:
- improve your browsing experience by personalising the Website;
- send to you Products purchased via the Website;
- send invoices to you, and collect payments from you;
- send you email notifications which you have specifically requested;
- send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email (you can inform us at any time if you no longer require marketing communications to be sent to you by emailing us at firstname.lastname@example.org).
k) We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
21) Other disclosures
- to the extent that we are required to do so by law;
- in connection with any legal proceedings or prospective legal proceedings;
- in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
- if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if The SkinGym or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
22) Security of your personal data
a) We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
b) We will store all the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology. You are responsible for keeping your password and user details confidential. We will not ask you for your password.
c) We will never collect sensitive information about you without your explicit consent.
d) The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code.
e) If we intend to transfer your information outside the European Economic Area we will always obtain your consent first.
g) Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
h) If you have any questions/comments about privacy, you should contact us.
23) Your rights
a) You have a right under the Act to check the information that we hold about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
b) You may instruct us not to process your personal data for marketing purposes by email (to email@example.com) at any time (in practice, you will usually expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes).
c) Please let us know if the personal information which we hold about you needs to be corrected or updated.
24) Policy amendments
Supplementary information: Customer care commitments
Help shopping online
Why do I need to register?
- Registering on our website makes ordering online quicker and easier for you. We securely store your information so that when you visit us again online you can simply login with your email and password. This allows you to complete your order without having to enter all of your information each time you shop.
- For an even faster way of ordering online you can also store your payment details securely with us. All of your personal details are securely stored for your peace of mind.
- What delivery options do you offer? Please view clause 17 of the Terms for options on delivery.
- If you forget your password to access your account online we can send you a new password to the email address you have registered with us. Simply go to our Forgot your password? page and enter your email address. An email will then be sent containing your new password.
- Once the email arrives, we strongly recommend logging into your account and changing your password to something more memorable.
Help with my account
Change my billing address
Changing your billing address is quick and easy online. Once you have Logged in you can edit both your billing and delivery address details using the Edit address link.
You can also add an alternative delivery address in this section. Simply click the Add New Address link on the right-hand side.
Add a new delivery address
Adding an alternative delivery address to your account gives you the flexibility to have your order delivered to the most convenient address for you.
Add another payment method
Adding an alternative payment card to your account gives you the flexibility pay online using the most convenient payment card for you.
Once you have Logged in to your account, go to the Add a card section on the left-hand side. Simply complete the necessary details for your new payment card and this card will then be available when you checkout online.
Unsubscribe from emails
You can start and stop your email subscription with us in two ways. The easiest way to stop receiving our Newsletter or promotional emails is to use the Unsubscribe link in the email that is sent to you. Clicking this link takes you to our website and updates your subscription status.
Please note that we will process your request as soon as possible, but it might take up to 7 days.
Reviews and Testimonials
a) We may use testimonials and/or product reviews in whole or in part together with the name and country of the person submitting it.
b) Testimonials may be used for any form of activity relating to the Products, in printed and online media, as we in our absolute discretion think fit.
c) We reserve the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to use.
d) We shall be under no obligation to use any or any part of any testimonial or product review submitted. By submitting a testimonial or product review under these Terms you agree, give permission for and hereby grant any necessary licence so that we may publish and/or reproduce any part of the testimonial on the Customer Reviews and Testimonials pages of the Website and/or in any other of our printed and online media.