TERMS + CONDITIONS

                                                                                                         1st May 2020

BACKGROUND

This agreement applies as between you, the User of this Web Site and Freya + Bailey Natural Skincare Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

2. Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Freya + Bailey Natural Skincare Limited, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

Subject to sub-clause 2.1 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Freya + Bailey Natural Skincare Limited

• Material from the Web Site may not be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Freya + Bailey Natural Skincare Limited or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.freyaandbailey.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Freya + Bailey Skincare Limited. To find out more please contact us by email at customerservice@freyaandbailey.com or by post to

71-75 Shelton Street

Covent Garden

London

WC2H 9JQ

5. Privacy

For the purposes of applicable data protection legislation, the Freya + Bailey Natural Skincare Limited will process any personal data you have provided to it in accordance Privacy Policy available on the Freya + Bailey Natural Skincare Limited website or on request from Freya + Bailey Skincare Limited. Use of your personal information is governed by Freya +Bailey’s Privacy Policy, which forms part of these terms and conditions. In the event that Freya+ Bailey undergoes reorganisation or is sold to a third party, you agree that any personal information Freya+ Bailey holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

You agree that, if you have provided Freya + Bailey Skincare Limited with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Freya + Bailey Natural Skincare Limited and (2) that you have brought to the attention of any such third party the Privacy Notice available on Freya + Bailey Skincare Limited’s website or otherwise provided a copy of it to the third party. You agree to indemnify Freya + Bailey  Natural Skincare Limited in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

6. Disclaimers
7. Freya + Bailey Natural Skincare Limited
   • makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
   • No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
8. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Freya + Bailey Skincare Ltd accepts no obligation to monitor the use of the Site. However, Freya+ Bailey Natural Skincare reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Freya + Bailey Natural Skincare will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security

Freya + Bailey Skincare Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

9. Limitation of Liability

To the maximum extent permitted by law, Freya + Bailey Natural Skincare Limited

• accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Freya + Bailey Natural may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

Nothing in these terms and conditions excludes or restricts Freya + Bailey Natural Skincare Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Freya + Bailey Natural Skincare Limited.

 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

10. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. Subject to the important liability statement, Freya + Bailey Natural Skincare is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.

Freya+ Bailey Skincare Ltd does not seek to exclude or limit liability for:

(a) death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

and all exclusions or limitations of the liability of Freya + Bailey which are set out in these terms and conditions shall at all times be subject to the provisions of this clause 10

11. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

12. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to customerservice@freyaandbailey.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

          Password

13

As part of the Services offered via this Site, you may be issued with an individual password which can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

13.2

In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify Freya + Bailey of such failure or error.

13.3

Freya + Bailey reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Freya + Bailey Natural Skincare promptly of any changes to your registration details.

14.

Suspension and termination of Service

14.1

Freya + Bailey Natural Skincare Ltd may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.

14.2

Freya + Bailey may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Freya + Bailey.

15.Eligibility to purchase Products

Freya + Bailey Natural Skincare does not sell Products to children under the age of 16 on this Site although it may sell Products suitable for children to adults. If you are under 16, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 16 years of age or older.

15.1

In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, Shopify Pay, American Express, Amazon Pay, Delta or Switch credit or debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/debit card holders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. Freya + Bailey is not responsible in the event that your payment card provider refuses to authorise payments.

15.2

Once you have purchased your first Products, the price for such Products will change if:

(a) you change your address and the applicable sales tax or postage changes accordingly; or

(b) our prices advertised on the Site increases. Price changes will not affect your cancellation rights.

16 Order Placement

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Freya + Bailey Natural Skincare to buy a Product via the Site (and Freya + Bailey Natural Skincare reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (Dispatch Confirmation). Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email.

17.Pricing, availability and dispatch information of Products

17.1 Information displayed on the Site as to pricing and availability is subject to change by Freya + Bailey. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.

17.2

While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.

17.3

In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause 17.4 below).

17.4

Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.

18.Cancellation rights for dispatched Products

18.1

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.

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

(a) 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

(b) where the Product(s) have been customised to your chosen specifications.

18.3

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 then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

Your contract is for a single product (which is not delivered in instalments on separate days).

The end date is the end of 7 days after the day on which you receive the product.

Example: if we provide you with a Dispatch Confirmation on 1 March and you receive the product on 10 March you may cancel at any time between 1 March and the end of the day on 17 March.

Your contract is for either of the following:

(a) one product which is delivered in instalments on separate days.

(b) multiple products which are delivered on separate days.

The end date is 7 days after the day on which you receive the last instalment of the product or the last of the separate products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 March and you receive the first instalment of your product or the first of your separate products on 10 March and the last instalment or last separate product on 15 March you may cancel in respect of all instalments and any or all of the separate products at any time between 1 March and the end of the day on 22 March.

Your contract is for the regular delivery of a product over a set period.

The end date is 7 days after the day on which you receive the first delivery of the products.

Example: if we provide you with a Dispatch Confirmation on 1 March in respect of products to be delivered at regular intervals over a year and you receive the first delivery of your product on 10 March, you may cancel at any time between 1 March and the end of the day on 17 March. 17 March is the last day of the cancellation period in respect of all products to arrive during the year.

11.4

To cancel a contract, you need to let us know that you have decided to cancel. The easiest way to do this is to email us at customerservice@freyaandbailey.com. 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:

Freya+ Bailey Skincare Ltd. Returns Department, 71-75 Shelton Street, London, WC2H 9JQ. 

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.

18.5

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. 

18.6

If you cancel your contract we will:

(a) refund you the price you paid for the products. However, please note:

(i) 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 (ii) when returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.

 (b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the product :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.

(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.

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.

(d) Refunds in relation to Products may only be credited to the credit or debit card or PayPal account 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.

18.7

If a product has been delivered to you before you decide to cancel your contract:

(a) then you must return it to us without undue delay and in any event not later than 7 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 7 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;

(b) subject to clause 18.8 (c) below, unless the product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. 

(c) If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

18.8

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.

19 Warranties

19.1

Freya + Bailey Natural Skincare warrants that the Services will be supplied with reasonable skill and care.

20 Statutory rights and refunds

20.1

We amend these terms and conditions from time to time. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.

By browsing the Site you are accepting that you are bound by the current terms and conditions which relate to your use of the Site. You should check these each time you revisit the Site.

20.2

These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

20.3

If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. 

20.4

Freya + Bailey may delay enforcing its rights under these terms and conditions without losing them. 

20.5

You agree that Freya + Bailey may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

20.6

These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

20.7

If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Freya+ Bailey Natural Skincare's Customer Service Department, 71-75 Shelton Street, London, WC”H 9JQ or email: customerservice@freyaandbailey.com.

21 Competitions & Promotions

21.1 Promotions

Discounts and promotional offers are valid when used online at www.freyaandbailey.com and will allow money off, free gifts or free delivery when you order from Freya + Bailey. Offers may require the use of specific codes to be entered during the checkout process. Codes are valid for a set length of time. Promotions cannot be used in conjunction with other offers. Unless specified discount and promotional codes can only be used once per customer. 

21.2. By participating in any of our Promotions, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.

1. To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. 

iii.    Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.

1. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

21.3 Accounts

To use certain areas of the Site you may need to create an account with us (“Account”). The personal information that you supply to us when creating an Account will be dealt with in accordance with clause 5.0

We may refuse an application for any reason. You may only have 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.

You may only your Account to purchase Products 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.We may terminate or suspend your Account and refuse any orders you place with us at any time where you are, or we suspect you are in breach of these terms and conditions or have not fulfilled any of your obligations to us or any applicable laws or for any other reason.

We may refuse to accept further orders from you whilst there remains any unresolved dispute between us in respect of previous orders.

It is your responsibility to keep your information up to date and we will not be responsible for any loss that you suffer if you do not keep the details in respect of your Account up to date. Your Account is not transferrable, and you will be liable to us for all activity and purchases undertaken under your Account. 

23 Law and Jurisdiction

These terms and conditions and the relationship between you and Freya + Bailey Skincare Limited shall be governed by and construed in accordance with the Law of England and Wales and Freya + Bailey Natural Skincare Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.