1.1. What these terms cover
These are the terms and conditions on which we supply products to you.
1.2. Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1. Dermoi! is a trading name for Ajax UK Platform Operations Limited
(“Dermoi!”, “we”, “us” or “our”), a private limited company, registered in England and Wales with company number 11120537, and a registered office address at Unit 4 Cloisters House, Cloisters Business Park, 8 Battersea Park Road, London, SW8 4BG, UK. Our registered VAT number is 284927654.
2.3. How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3.1. How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing or through the website page when you try to place the order and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
3.3. Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4. We only sell to the UK
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
3.5. For personal use only
No resale. All products purchased via our website are for your personal and private use only. If you are a trader acting in a commercial capacity, you are not permitted to purchase any products via our website. You must not resell any products purchased on our website. If we discover that you are in breach of this Clause 5 we may immediately cancel your order and provide you with a refund for any undelivered products and we may refuse to accept any future orders from you. We may limit the number of individual products that you may acquire.
4.1. Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary
The packaging of the product may vary from that shown in images on our website.
5.1. If you wish to make a change to the products you have ordered before they are dispatched please contact us.
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 we will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8).
6.1. Minor changes to the products.
We may change the product:
6.1.1. to reflect changes in relevant laws and regulatory requirements for example if restrictions are placed on certain product ingredients that prevent us from selling products containing such ingredients online or to retail consumers; and
6.1.2. to implement minor adjustments and improvements. These changes will not affect your use of the product.
6.2. More significant changes to the products and these terms
In addition, if we decide to make any more significant changes to these terms or the products we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7.1. Delivery costs
The costs of delivery will be as displayed to you on our website.
7.2. When we will provide the products
If the products are goods we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
7.3. We are not responsible for delays outside our control
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4. Collection by you
If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 10am to 5pm on weekdays (excluding public holidays).
7.5. If you are not at home when the product is delivered
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, Royal Mail will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6. If you do not re-arrange delivery
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 2 will apply.
7.7. When you become responsible for the goods
A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.8. When you own goods
You own a product once we have received payment in full.
7.9. What will happen if you do not give required information to us
We may need certain information from you so that we can supply the products to you, for example, delivery information. If so, this will have been stated on our website. We will collect this information from you when you place your order on our website. If you give us incomplete or incorrect information, we may either end the contract (and Clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10. Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to:
7.10.1. deal with technical problems or make minor technical changes;
7.10.2. update the product to reflect changes in relevant laws and regulatory requirements;
7.10.3. make changes to the product as requested by you or notified by us to you (see Clause 6).
7.11. Your rights if we suspend the supply of products
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will give you a refund so that you do not pay for products that you have not received. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days, in which case we will refund any sums you have paid in advance for products you have not received.
8.1. You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 9, however please be advised that adverse skin reactions that are not a result of a product fault or misdescription do not result in a right of replacement or refund;
8.1.2. if you want to end the contract because of something we have done or have told you we are going to do, see Clause 2;
8.1.3. if you have just changed your mind about the product, see Clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see Clause 7.
8.2. Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at 2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not yet been received and you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 2);
8.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.2.5. you have a legal right to end the contract because of something we have done wrong.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4. When you don’t have the right to change your mind
You do not have a right to change your mind in respect of products sealed for health and safety reasons or hygiene purposes, once these have been unsealed after you receive them.
8.5. How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered.
8.5.1. If you have placed a product order, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
b) Your goods are for regular delivery over a set period (for example a subscription product set). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6. Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see Clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind within the stated timeframes, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.1. Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:
9.1.1. Phone or email. Call customer services on 020 3963 9920 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2. By post. Print off the form found in Schedule 1 and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2. Returning products after ending the contract
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at dermoi! returns, Unit 4 Cloisters House, Cloisters Business Park, 8 Battersea Park Road, London, SW8 4BG, UK. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3. When we will pay the costs of return
We will pay the costs of return:
9.3.1. if the products are faulty or misdescribed; or
9.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4. What we charge for collection
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5. How we will refund you
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6. Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind:
9.6.1. We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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.
9.7. When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1. if the products are goods and we have not offered to collect them, your refund will be made within 14 days from 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 - for information about how to return a product to us, see Clause 2;
9.7.2. in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.1. We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
10.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
10.1.4. we have reasonable grounds to believe you are in breach of clause 3.5.
10.2. You must compensate us if you break the contract
If we end the contract in the situations set out in Clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the product
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 5 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11.1. How to tell us about problems
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 020 3963 9920 or write to us at firstname.lastname@example.org.
11.2. Your legal rights
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3. Your obligation to return rejected products
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 020 3963 9920 or email us at email@example.com for a return label or to arrange collection.
12.1. Where to find the price for the product
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 3 for what happens if we discover an error in the price of the product you order.
12.2. We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3. What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4. When you must pay and how you must pay
We accept payment with the debit and credit cards displayed at shop.dermoi.com, or any other payment method indicated on our shop. You must pay for the products before we dispatch them.
12.5 We can charge interest if you pay late
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of MetroBank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6. What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12.7. Paying with Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna: Pay in 3 / Pay Later. Further information and Klarna’s user terms you can find under the Pay With Klarna page listed at the bottom of this page. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
13.1. 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.
13.2. 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.
13.3. 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.
14.1. How we may use your personal information
15.1. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example but without limitation, we have ground to believe you are in breach of, or have previously breached, clause 3.5.
15.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to)
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing this contract, we can still enforce it later
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.
15.6. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.