These terms and conditions are the contract between you and (“us”, “we”, etc). By visiting or using Our Website and/or purchasing Goods or Services from us through our Website or otherwise, you agree to be bound by them.
We are: Malora Skin Care Clinic, a Limited Company registered in Ireland under registration number 693651, whose registered address is Dreenan, Ballybofey, Donegal, F93 C5PC, Ireland.
You are: Anyone who uses Our Website and/or purchases Goods or Services (as defined below) from us.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately, not purchase our Good and not purchase any of our Services.
The terms and conditions:
In this agreement:
|“Carrier”||means any person or business contracted by us to carry Goods from us to you.|
|“Content”||means any content in any form published on Our Website by us or any third party with our consent.|
|“Goods”||means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.|
|“Our Website”||means any website of ours and includes all web pages controlled by us.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
|Services ||means any of the services we offer for sale on Our Website including our online consultation service, or, if the context requires, services we sell to you.|
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods or Services by us to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated €50 per hour.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods or Services and so far as the context allows, to you as a visitor to Our Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
- Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers, we do not guarantee that Goods or Service advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods or Services.
- The price of Goods or Services may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods or Services.
- If in future, you buy Goods or Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
- Acceptance of your order
- Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
- If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
- Price and payment
- The price payable for the Goods or Services that you order is clearly set out on Our Website.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods or provide the Services until you have confirmed that you wish to buy at the new price.
- Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside EU, VAT will be deducted at the payment point.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- If, by mistake, we have under-priced Goods or Services, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
- Security of your credit card
We take care to make Our Website safe for you to use.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
- Cancellation and refunds
This paragraph applies if you buy as a consumer as defined in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
- We now inform you that information relating to all aspects of our Goods and is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
- The following rules apply to cancellation of your order for Goods:
- If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
- If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
- We will return your money subject to the following conditions:
- we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
- you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
- The option to cancel your order is not available:
- if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
- if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed;
- if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
- You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
- In any of the above scenarios, we will return your money within 14 days.
- We now inform you that information relating to all aspects of our Services is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
- The following rules apply to cancellation of your order for Services:
- Where the contract we make with you is not made on our premises, the Regulations give you the rights set out in this sub-Clause 7.7.1, and they will be in addition to the rights given to you in paragraph 8. You may for any reason cancel a booking during the 14 day period after we accept that booking, but if the booking includes any appointment(s) on a date which is before the end of that period, and if you have expressly requested us to provide any Services at that or those appointment(s) and we do so, you may not cancel that or those requested appointment(s) and you must pay for them. You may only cancel any other appointment(s) covered by that booking. If you request that your booking be cancelled, you must confirm this in any way convenient to you. If you cancel as allowed by this sub paragraph 7.7.1, and you have already made any payment(s) to us for the booking, we will refund the payment(s) to you within 14 days of receiving your cancellation less the amount due for the appointment(s) covered by that booking that you have attended.
- Salon Appointments
The Services which we offer are only available by appointment. You may book an appointment in person at the salon, by email or through Our Website
- Your request for a booking for an appointment will be an offer, but whether we accept any booking will be for us to decide in our discretion. Only if and when we tell you that we accept your request for a particular appointment, will there be a binding contract between you and us. If you wish to make a booking for two or more appointments by means a single booking and in our discretion, we accept that booking, our contract with you will be for all of the appointments concerned;
- When you book an appointment, we may require you to pay us a deposit some or all of which we will be entitled to keep as set out in sub paragraph 8.6 below if you later cancel the appointment without giving us prior notice of at least 48 hours. Deposits shall be equal to 50% of the price of the Services required;
- We will not reserve or guarantee any particular date and/or time which you request for any Services unless you book an appointment for that time/date;
- If you know You are going to be late for an appointment, you should contact us to tell us. If you arrive later than 15 minutes after an appointment time, we will try to provide the Services you have booked but if we decide that we cannot, the appointment will be treated as cancelled without notice by you and, if we then decide to make a charge for that appointment cancelled without notice, sub-paragraph 8.6 below will apply;
- You may cancel an appointment without charge if you give us at least 48 hours prior notice of the cancellation, and if you do so we will refund to you any sum (including, but not limited to any deposit) you paid in advance;
- If you do not give us at least 48 hours prior notice of cancellation of an appointment, we will be entitled to charge you for any net financial loss that we suffer due to your cancellation but not more than 50% of the full price of the appointment. We will