Fiolas Cosmetics Enterprise UK Limited
Online Shop terms and Conditions
These Terms (plus the other documents mentioned below) set out the basis of the legally binding contract with you. It includes details of your rights and responsibilities when you use this online shop. Please read them carefully.
By using this online shop and purchasing any products you are agreeing to these Terms. If you don’t agree with the Terms, do not use this website to purchase products.
We may update these Terms and/or the Products from time to time. If we consider that the changes are material, we will notify you of the changes and invite you to accept them. You are responsible for reviewing any changes. Your ongoing use of the website following any change constitutes your acceptance of the change.
Other Documents which Form Part of our Contract with You
Who we are
We are Fiolas Cosmetics Enterprise UK Limited trading as ‘Fiolas’. Our company number is 14678242 and our registered office is at Unit [*] Westfield London, 1081 Ariel Way, London W12 7GF UK,
Where to find information about us and our products
You can find everything you need to know about us and our products on our website, in our online catalogue, or from our sales staff before you order. We also confirm the key information to you in writing after you place an order, by email and in your online account.
You do not need to set up an account to use this online shop to make a one-off purchase. If you set up an account you are responsible for the account and any activity on it. You must keep your password secure. If you are using the account on behalf of a business, you confirm that you have the authority to agree to these terms on behalf of the business. Accounts are not transferable.
We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
When you buy from us you are agreeing that:
- We only accept orders when we’ve checked them.
- Sometimes we reject orders.
- We charge you when you place your order.
- We pass on increases in VAT.
- We’re not responsible for delays outside our control.
- Products can vary slightly from their pictures.
- You’re responsible for making sure your measurements are accurate.
- If you are a consumer and you bought online, you have a legal right to change your mind and however you bought you have rights under our guarantee.
- You can end an on-going contract (find out how).
- You have rights if there is something wrong with your product.
- We can change products and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw products.
- We can end our contract with you
- We don’t compensate you for all losses caused by us or our products.
- We use your personal data as set out in our Privacy Notice.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.
If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We only accept orders when we’ve checked them
We contact you to confirm we’ve received your order and then we contact you again to confirm we’ve accepted it and confirm dispatch to you.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can’t verify your age (where the product is age-restricted), because you are located outside the UK or our delivery areas as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you place your order
You own the products you have ordered once we have received payment in full.
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment and accrues monthly. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: firstname.lastname@example.org to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures
A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website can be out by up to 2%.
If you are a consumer and you bought online, by mail order, or over the telephone, you have a legal right to change your mind.
Your legal right to change your mind. For some of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can’t change your mind. You can’t change your mind about an order for:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- goods that are made to your specifications or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team: email@example.com or click the ‘cancel my order’ button in your online account.
You have to return the product at your own cost. If you want to return a product, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:
- bring the product to one of our stores or by contacting our Customer Service Team: firstname.lastname@example.org You will need your email receipt and the card you paid with.
- send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for goods which can’t be posted, contact our Customer Service Team: email@example.com
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: firstname.lastname@example.org can advise you on whether we’re likely to reduce your refund.
When and how we refund you. We refund you as soon as possible and within 15 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 15 working days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.
You have rights if there is something wrong with your product
Return the product to us. If you think there is something wrong with your product, you must either bring it into one of our stores or contact our Customer Service Team: email@example.com
Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.] Remember too that You have several options for resolving disputes with us.
|Summary of your key legal rights
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· Up to 30 days: if your goods are faulty, then you can get a refund.
· Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your rights if you are a business. We warrant that on delivery any products which are goods shall:
- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty) if:
- you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
- we are given a reasonable opportunity of examining such product; and
- you return such product to us,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if:
- you make any further use of such product after telling us it is non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises because we followed a specification supplied by you;
- you alter or repair the product without our written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
We can change products and these terms
Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements, such as if a particular ingredient we use is no longer permitted; and
- to make minor technical adjustments and improvements, for example to add a new improved ingredient. These are changes that don’t affect your use of the product.
Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team: firstname.lastname@example.org to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance, but won’t receive:
- if an important or active ingredient or other product element is no longer available;
- if we make substantial changes to these terms which may adversely affect you.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product (see We can change products and these terms).
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more than 30 days you can contact our Customer Service Team: email@example.com to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.
We can withdraw products
We can stop providing a product at our discretion. We let you know in advance where possible and we will refund any sums you’ve paid in advance for products which won’t be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, the delivery address;
- you don’t, within a reasonable time, allow us to deliver the product to you.
We don’t compensate you for all losses caused by us or our products
Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
- Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £100 or one hundred per cent (100%) of the total sums paid by you for products under such contract.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: www.fiolas.co.uk
You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team: firstname.lastname@example.org will do their best to resolve any problems you have with us or our products.
Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Retail ADR through their website at www.retailadr.org.uk. Retail ADR does not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract
You can only transfer your contract with us to someone else if we agree to this. If you’re a consumer we may not agree. However, you can transfer our consumer guarantee (as explained in Our goodwill guarantee) to a new owner of the product. We can require the new owner to prove you transferred the product to them, for example by providing a receipt. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
Use of this website. You agree that in using this website you will not: (i) use the website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged or impaired in any way; (ii) use the website for any purpose that could damage the name of Fiolas or impair the goodwill or reputation associated with our brand; (iii) use the website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; or (iv) access or attempt to access the accounts of other users or attempt to penetrate the website security measures. We reserve the right to suspend, restrict or terminate access to the website at any time without notice I we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. We will take all reasonable steps to ensure a fast and reliable service, however, we do not guarantee that your use of this website will be uninterrupted or error free and we are not responsible for any disruption, loss of or corruption of any material or data in transit or when downloaded onto any computer system.
Intellectual property. The contents of this website (including trademarks, pictures, designs, themes, photos, text, software and all other materials (‘Materials’) are owned by Fiolas or its third party licensors. You may not copy, reproduce, download, post, record, transmit, commercially exploit, edit or distribute the Materials in any way without our prior written consent.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.