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Disclaimers

5. DISCLAIMERS

5.1.

We do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. You agree that access to the Website is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.

5.2.

Images of the Products (and any associated packaging) on the Website are illustrative only. Whilst We have made every effort to display the Products featured on the Website as accurately as possible, the colours We use, and the display and colour capabilities of Your particular computer monitor, will greatly affect the colours You actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that Your monitor's display of any colour, texture, or detail of actual merchandise will be accurate.

5.3.

We endeavour to present the most recent, most accurate, and most reliable information on the Website at all times. However, We make no claims to its accuracy, either expressed or implied. There may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and We apologise for any inconvenience that this might cause. We reserve the right to amend errors, make changes to the Website or to update Product information at any time without prior notice and without any liability on Our part.

5.4.

Certain (hypertext) links in the Website may lead to other websites that are not under Our control. When You activate any of these, You will leave the Website and We have no control over and will accept no responsibility or liability for the content, accuracy or any other aspects of any website that is not under Our control. The provision of a link is for Your information and convenience only and does not imply an endorsement of any kind by Us.

5.5.

While We take all reasonable care to ensure the integrity of the Website and the accuracy of the information contained in it, We cannot accept any liability to any person for any loss or damage of any kind, which may arise from the use of the Website or any of the materials or information contained in it, and You use the Website at Your own risk.

5.6.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information, including Product descriptions, appearing on the Website at a particular time may not always reflect the position exactly at the moment You place an order. We cannot confirm the price of a Product until Your order is accepted in accordance with Our Order Acceptance Policy.

5.7.

If You ask Us to include a gift message with any Product ordered through the Website, We will do our best to ensure that We accurately record your message and send it with the Product. However We cannot accept any liability for any errors with the message or any failure to enclose the gift message with the Product. You undertake that any gift message You require Us to send will not be in any way racist, blasphemous, defamatory or otherwise offensive. We reserve the right to remove said messages from Our deliveries.

5.8.

The disclaimers and limitations of liability in this Condition 5 do not affect Your statutory rights as a consumer.

5.9.

IMPORTANT – LIMITATIONS OF LIABILITY – PLEASE READ

5.9.1.

SUBJECT TO CONDITIONS 5.9.2 TO 5.9.4, IF WE FAIL TO COMPLY WITH THESE CONDITIONS, WE ARE RESPONSIBLE TO YOU FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE CONDITIONS OR OUR NEGLIGENCE. LOSS OR DAMAGE IS CONSIDERED FORESEEABLE WHERE IT IS AN OBVIOUS CONSEQUENCE OF THE BREACH OR WAS CONTEMPLATED BY US AND YOU AT THE TIME THAT THE RELEVANT CONTRACT WAS MADE.

5.9.2.

THE PRODUCTS ARE SOLD ONLY FOR DOMESTIC AND PRIVATE USE. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF OR INTERRUPTION TO BUSINESS, OR LOSS OF REVENUES, PROFITS, GOODWILL OR BUSINESS OPPORTUNITY.

5.9.3.

NOTHING IN THE CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR:

(a) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;

(b) FRAUD OR FRAUDULENT MISREPRESENTATION;

(c) BREACH OF TERMS IMPLIED BY THE SALE OF GOODS ACT 1979 (AS TO TITLE, DESCRIPTION, QUALITY, FITNESS FOR PURPOSE AND CORRESPONDENCE WITH SAMPLES); AND

(d) DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION ACT 1987.

5.9.4.

SAVE IN RELATION TO CLAUSE 5.9.3, OUR LIABILITY UNDER ANY CONTRACT FOR PRODUCTS PURCHASED FROM US SHALL BE LIMITED TO THE VALUE OF YOUR ORDER.

5.10.

Please be aware that in respect of all specialty beauty Products and all other Products generally and which appear on the Website:

5.10.1.

all material and information (“Information”) provided by Us on the Website is intended for educational or informational purposes only and will not have been evaluated by the National Institute for Health and Clinical Excellence (N.I.C.E.);

5.10.2.

any reported results contained in the Information may not necessarily occur in all individuals;

5.10.3.

neither the Products nor the Information are intended to diagnose, treat, cure or prevent any condition or disease.

Use of the Website is not meant to serve as a substitute for professional medical advice and does not replace any medical professional or medical resource. We do not give or intend to give any answers to medical-related questions and the Website does not replace any medical professional or medical resource. We do not represent Ourselves as medically qualified in any way nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website.

Please consult with Your own doctor regarding the use of any Products ordered from the Website before using or relying on any Information. Your own doctor should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

5.11.

We do not guarantee that any Product sold online will be available in any of our stores or that the price quoted online will match that at any of our stores. If a Product You want is sold out online, it may be available instore. However, We recommend that You call your nearest store first before making a special journey, to avoid disappointment.

5.12.

We shall not be under any liability to You in the event of Our failure, delay or default in carrying out all or any of Our obligations under a contract with You due in whole or in part to an event of Force Majeure. If an event of Force Majeure occurs We will notify You as soon as reasonably possible. If the event of Force majeure affects Our delivery of Products to You, We will arrange a new delivery date with You when the event of Force Majeure has ended.

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