Websites Terms and Conditions of Supply.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our sites.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 01/04/14 when we changed clause 1.
These Terms, and any Contract between us, are only in the English language.
Information about us
We operate the websites www.percynobleman.com, www.us.percynobleman.com and www.lunarglow.co.uk . We are F&M Cosmetics LTD, a company registered in England and Wales with our registered office and our main trading address at Suite 2, Station Court, Hethersett, Norwich, NR9 3AY, United Kingdom. To contact us, please see our Contact via e-mail at: email@example.com
The images of the Products on our sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are mainly handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 3% tolerance. The packaging of the Products may vary from that shown on images on our sites. All Products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Use of our sites
Your use of our sites is governed by our Terms of Websites Use and Websites Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
How we use your personal information
If you are a consumer
This clause 5 only applies if you are a consumer. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. If you are a customer through our affiliation with Amazon.com & Amazon.co.uk there are some separate terms and conditions to be found on their website. In the majority of cases in terms of refunds and faulty products these problems will in turn go through our affiliate partners, Amazon. However you hold the right to still contact us as sellers through that network and the terms and conditions may still apply. Please be aware of the monetary relationship between F&M Cosmetics LTD and Amazon, and our websites will often link out to product pages.
If you are a business customer
Use and Website Acceptable Use Policy.
How the contract is formed between you and us
For the steps you need to take to place on order on our sites, please register at www.percynobleman.com, www.us.percynobleman.com or www.lunar-beauty.co.uk. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our sites as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Our right to vary these terms
We may revise these Terms from time to time in the following circumstances: changes in how we accept payment from you; changes in relevant laws and regulatory requirements. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
Your consumer right of return and refund
This clause 9 only applies if you are a consumer. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office. However, this cancellation right does not apply in the case of any made-to-measure or custom-made products; Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. To cancel a Contract, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to Suite 2, Station Court, Hethersett, Norwich, NR9 3AY, United Kingdom. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6. If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We refund you on the credit card or debit card used by you to pay. If the Products were delivered to you: you must return the Products to us as soon as reasonably practicable; unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We charge £5000 for collection of our goods. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Our warranty for the Products
For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 1 month from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2. The warranty in clause 15.1 does not apply to any defect in the Products arising from: fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; if you fail to operate or use the Products in accordance with the user instructions; any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Our liability if you are a business
This clause 12 only applies if you are a business customer. We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes. Nothing in these Terms limit or exclude our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987. Subject to clause 16.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100 % of the price of the Products. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our liability if you are a consumer
This clause 13 only applies if you are a consumer. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail. If you are a consumer: To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to Suite 2, Station Court, Hethersett, Norwich, NR9 3AY, United Kingdom. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you wish to contact us in writing for any other reason, you can send this to us by e-mail firstname.lastname@example.org or by pre-paid post to F&M Cosmetics Ltd at Suite 2, Station Court, Hethersett, Norwich, NR9 3AY, United Kingdom. You can also contact us using our Customer Services telephone line. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 11. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our sites and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. We will not file a copy of the Contract between us.
F&M Cosmetics LTD
Terms and Use of Websites.
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Websites under the domain names www.percynobleman.com, www.us.percynobleman.com and www.lunarglow.co.uk (Websites) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by F&M Cosmetics a company registered in England and Wales with our registered office and our main trading address is Suite 2, Station Court, Hethersett, Norwich, NR9 3AY, United Kingdom (Company).
You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
You are permitted to print and download extracts from the Website for your own use on the following basis: no documents or related graphics on the Website are modified in any way; no graphics on the Website are used separately from the corresponding text; and the Company’s copyright and trade mark notices and this permission notice appear in all copies. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. Any rights not expressly granted in these terms are reserved.
While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
Visitor material and conduct
Links to and from other websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions: you do not remove, distort or otherwise alter the size or appearance of the Percy Nobleman logo or the logos of any of the other trading names of F&M Cosmetics Ltd; you do not create a frame or any other browser or border environment around the Website; you do not in any way imply that the Company is endorsing any products or services other than its own; you do not misrepresent your relationship with the Company nor present any other false information about the Company; you do not otherwise use any Percy Nobleman marks or the trade marks of any of the other trading names of F & M Cosmetics Limited displayed on the Website without express written permission from the Company; you do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in this legal notice shall exclude or limit the Company’s liability for: death or personal injury caused by negligence as such term is defined by the Unfair Contract Terms Act 1977; or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 1st April 2014
Websites Acceptable Use Policy.
This acceptable use policy sets out the terms between you and us under which you may access our websites www.percynobleman.com www.us.percynobleman.com and www.lunarglow.co.uk (our sites). This acceptable use policy applies to all users of, and visitors to, our sites.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website.
Our Sites are operated by F&M Cosmetics (we or us). We are registered in England and Wales under our registered office and our main trading address is Suite 2, Station Court, Hethersett, Norwich, NR9 3AY, United Kingdom
You may use our site only for lawful purposes. You may not use our site: In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. For the purpose of harming or attempting to harm minors in any way. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree: Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website. Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation: Chat rooms. Bulletin boards. (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must: Be accurate (where they state facts). Be genuinely held (where they state opinions). Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not: Contain any material which is defamatory of any person. Contain any material which is obscene, offensive, hateful or inflammatory. Promote sexually explicit material. Promote violence. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any copyright, database right or trade mark of any other person. Be likely to deceive any person. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. Promote any illegal activity. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. Give the impression that they emanate from us, if this is not the case. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.