1. THESE TERMS
1 These are the terms and conditions on which we supply our products to you.
1.2 Please read these terms carefully before submitting your order as they contain important information. These terms tell you:
1.2.1 who we are;
1.2.2 how we’ll provide our products to you;
1.2.3 how you and we may change or end the contract;
1.2.4 what you can do if there’s a problem; and
1.2.5 other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are SPRITZY LIMITED, a company registered in England and Wales. Our company registration number is 13121019 and our registered office is at Kemp House, 160 City Road, London EC1V 2NX.
2.2 You can contact us by:
2.2.1 telephoning our customer service team on 07817648457; or
2.2.2 by writing to us at info@spritzy.co.uk.
2.3 If we need to contact you about your order we’ll do so by telephone, or email (using the information you provided us when placing your order).
2.4 In these terms, the words “writing” or “written” includes emails.
3. OUR CONTRACT WITH YOU
3.1 On placing your order, we’ll email you to let you now that we received it. We’ll then send you another email to let you know that we’ve accepted your order. Once we’ve sent you this second email, a contract will come into existence between you and us.
3.2 If, after you’ve placed your order, we discover we’re unable to accept it (for example, what you’ve ordered is out of stock) we’ll let you know in writing as soon as we can. If you paid for the product when placing your order, we’ll refund this to you via the payment method you used as soon as we can.
3.3 We’ll assign an order number to your order and tell you what it is when we accept your order. It’ll help us if you can tell us the order number whenever you contact us about your order.
3.4 Our website is solely for the promotion of our products in the UK. Unfortunately we do not currently accept orders from, or deliver to, addresses outside the UK.
4. OUR PRODUCTS
4.1 We make every effort to make sure that our products match their picture on our website. However, these pictures are for illustrative purposes only and it may be that your product varies slightly from its picture. It may also be that the packaging of our products vary slightly from as shown on our website.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Because our products are cosmetics they must comply with various legal requirements about how they are formulated and labelled. It’s possible that between accepting your order and delivering it we are required to change our products to reflect any changes in the law. We may also need to make changes to these terms (either for legal or operational reasons). If the change to either the product or these terms is significant, we’ll let you know and, at your option you can choose to either:
5.1.1 accept the changes to the product or the terms; or
5.1.2 cancel the contract.
5.2 If you decide to cancel the contract, the provisions of clause 10 will apply.
5.3 We may also need to make minor changes to the products or these terms. However, if we do so we’ll make sure that these don’t affect your use of the product or any of your rights under these terms.
6. PROVIDING THE PRODUCTS
6.1 The costs of delivery will be as displayed on our website.
6.2 On accepting your order we’ll provide you with an estimated delivery date. We’ll try and deliver your order as soon as we can.
6.3 It’s always possible that the delivery of your order could be delayed by an event outside of our contract. If this happens we’ll let you know as soon as we can and do what we can to minimise the delay. Provided we do this we’ll not be liable for the delay in delivery.
6.4 However, if any delay to your delivery is likely to be significant, you may contact us to cancel the contract (see clause 10) and we’ll refund you any amounts you paid to us in respect of the cancelled order.
6.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left at your address informing you of how to rearrange delivery or collect the products from a local depot.
6.6 If, after a failed delivery, you don’t re-arrange delivery or collect your order from a delivery depot within the time period as set out in the note referred to above, the products will be returned to us. If this happens, we’ll make contact with you to make further arrangements. If, despite our reasonable efforts, we’re unable to make contact to make appropriate arrangements, we may end the contract and clause 16.2 will apply.
6.7 Note that where we’ve tried, unsuccessfully, to deliver your order to you, we may charge you our reasonable costs incurred in redelivering the products to you.
6.8 The products forming part of your order will become your responsibility from the time they are successfully delivered to your address. You will own the products contained in your order once we’ve received payment in full.
7. PRICE AND PAYMENT
7.1 The prices of our products (which include VAT) will be the prices indicated on our website 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 7.3 for what happens if we discover an error in the price of any of the products you order.
7.2 If the rate of VAT changes between your order date and the date we fulfil your order, we’ll 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.
7.3 It’s always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We’ll 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’ll charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we’ll contact you for your instructions before we accept your order (and if you don’t accept the higher price you can end this contract - see clause 10).
7.4 We accept payment via PayPal or any other method as may be listed on our website at the time you place your order. We’ll take payment on your chosen payment method at the time we accept your order. If, for whatever reason, we’re unable to take payment, we won’t accept your order.
7.5 If you think you’ve been charged an incorrect amount, please contact us promptly to let us know and we’ll investigate the matter further.
8. IF THERE’S A PROBLEM WITH THE PRODUCT
8.1 We are under a legal requirement to supply the products you order in accordance with the contract. If you have any questions or complaints about the product, please do let us know. You can contact us using the following details:
8.1.1 by telephoning our customer service team on: 07817 648457; or
8.1.2 by email at info@spritzy.co.uk.
8.2 In certain circumstances you may have the right to reject the products we’ve delivered to you (this will generally be where we’ve not supplied them in accordance with the contract or our legal duties and have been unable to rectify the problem). To do this, please contact our customer service team (using the details above) for details about how to return the products to us. Where you’re exercising your legal right to reject products we’ve delivered, we’ll be responsible for the cost of return.
9. HOW YOU CAN END THE CONTRACT
9.1 The clauses below set out the circumstances in which you can end your contract with us. Please read these clauses carefully as the reasons for why you want to end the contract will affect what rights you have and the obligations we owe you.
10. YOUR RIGHTS TO END THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO
10.1 If you’re ending a contract for a reason set out in clause 10.1.1 to clause 10.1.5 below, the contract will end immediately and we’ll refund you in full for any products which have not been provided. The reasons are:
10.1.1 we have not supplied the products in accordance with this contract (but note the terms of clause 8.2);
10.1.2 we have told you about an upcoming change to the product or these terms (see clause 5);
10.1.3 we’ve told you about an error in the price or description of the product you’ve ordered and you don’t wish to proceed (see clause 7.3);
10.1.4 there is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 6.4); or
10.1.5 you’ve a legal right to end the contract because of something we’ve done wrong.
10.2 Clause 13, below, tells you what you need to do to end the contract for any reason.
11. YOU’RE ENDING THE CONTRACT DURING THE 14 DAY COOLING-OFF PERIOD
11.1 As you’ve placed your order online, you have 14 days from the day you receive your goods to change your mind. If your order is delivered in a number of instalments, you have 14 days for the date of delivery of the last instalment to change your mind.
11.2 Be aware though that, because our products are sealed for health protection and hygiene purposes, you’ll not be able to end the contract if you unseal any of the products after receiving them.
11.3 Once the 14 day period has ended, you’ll no longer be able to change your mind and we’re not required to accept any returns or offer you any refund.
12. YOU’RE ENDING THE CONTRACT BUT YOU HAVE NO RIGHT TO DO SO
12.1 Even if we’re not at fault and we’ve not told you about any change to the product or delivery (see clause 10) and you don’t have a right to change your mind you can still end the contract before it’s completed, but you may have to pay us compensation. The contract between us is completed when the product is delivered.
​12.2 If you want to end the contract before it’s completed and you’ve no right to do so, just contact us to let us know. The contract will end immediately and we’ll 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 (for example, our administrative costs).
13. HOW TO END THE CONTRACT WITH US
13.1 To end the contract with us for any reason, please let us know by:
13.1.1 emailing us at info@spritzy.co.uk (please provide your name, home address, details of the order and, where available, your phone number and email address); or
​13.1.2 completing, and sending to us, the form available here
14. RETURNING PRODUCTS
14.1 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 Kemp House, 160 City Road, London EV1V 2NX. If you’re 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.
14.2 We’ll pay the costs of return:
14.2.1 if the products are faulty or misdescribed or because you have a legal right to do so as a result of something we’ve done wrong (clause 8); 14.2.2 if you’re ending the contract because:
14.2.2.1 we’ve told you of an upcoming change to the product or these terms (clause 5.2);
14.2.2.2 an error in pricing (clause 7.3), or
14.2.2.3 a delay in delivery due to events outside our control (clause 6.4).
14.3 In all other circumstances (including where you’re exercising your right to change your mind) you must pay the costs of return.
14.4 We’ll refund you the price you paid for the product(s) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
15. DEDUCTIONS FROM REFUNDS IF YOU’RE EXERCISING YOUR RIGHT TO CHANGE YOUR MIND
15.1 If you’re exercising your right to change your mind:
15.1.1 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 (please see our Returns Policy) and 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; and
15.1.2 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’ll only refund what you would have paid for the cheaper delivery option).
15.2 We’ll make any refunds due to you as soon as possible. If you’re exercising your right to change your mind then:
15.2.1 if the product is easily capable of being posted, 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’ve sent the product back to us (for information about how to return a product to us, see clause 14.1);
15.2.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
16. OUR RIGHTS TO END THE CONTRACT
16.1 We may end our contract with you at any time, in writing if:
16.1.1 you don’t make any payment to us when it’s due and you still don’t make payment within 5 days of us reminding you that payment is due; or
16.1.2 the product is returned to us because you fail to accept delivery of it and don’t collect it from a local depot or re-arrange delivery and we are unable to contact you to rearrange delivery.
16.2 If we end the contract in the situations set out in clause 16.1 we’ll refund any money you’ve paid in advance for products we’ve not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 If we fail to comply with these terms, we’re 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’s not foreseeable. Loss or damage is foreseeable if either it’s obvious that it’ll 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.
17.2 We don’t 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; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
17.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we’ll have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
18.1 We’ll only use your personal information as set out in our Privacy Policy.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under these terms to another organisation. We’ll always tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
19.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.3 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.
19.4 If we don’t immediately insist that you do anything you’re required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that won’t mean that you don’t have to do those things and it won’t prevent us taking steps against you at a later date.
19.5 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.
19.6 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you aren’t happy with how we’ve handled any complaint, you may want to contact an alternative dispute resolution provider, for example the Centre for Effective Dispute Resolution (https://www.cedr.com/). If you’re not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
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