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Please read these terms and conditions carefully before using the website operated by Zest Beauty trading as ZestBeauty.com ('ZestBeauty,' 'our', 'we' or 'us') (VAT number: 128 4653 04). In particular, we draw your attention to the Liability clause. By accessing or using ZestBeauty ('our website') and by clicking to indicate you have read and agreed these terms when ordering, you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.
If you do not wish to be bound by these terms and conditions then to keep our insurance costs (and thus costs to you to a minimum) you may not use our website.
Making a Purchase
Any times or dates stated on our website for delivery are estimates only and we are very much reliant on our suppliers. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.
You must pay by credit or debit card (or as shown on the relevant page) at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see below). We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
If you are shopping from North America or anywhere else, place your order and your credit card company will convert the transaction to US Dollars or your own currency.
ZestBeauty is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by issuing an 'Order Shipped' e-mail to the e-mail address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Order Shipped e-mail or, if the Order Shipped e-mail does not contain such a date, within 30 days.
If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price but the same general description ('Substitute Product').
You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
Credit Card Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify ZestBeauty immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
Nature of our website
Please note that our website is available only to individuals that can form legally binding contracts under applicable law. The contents of our website are suitable for and thus aimed at users of over 18 years of age, you must be over 18 years to purchase the Products, using the payment method displayed on our website. If you do not qualify, please leave our website now.
If viewing or ordering from our website is illegal in the country in which you are viewing it, you are not authorised to do so.
Our site sells many products which have direct contact with you. Normally they will not cause any reaction of any type but some people may, as with all such products, have some reaction. Please take advice before using any of our products, including medical advice especially if you have had any allergic reaction before, have sensitive skin, are allergic to any medicine, are pregnant or might otherwise expect to have to take particular care. If in any doubt, do not use the items without professional advice.
Modifications to website
Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
Information you provide to us
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies'). These Partner Companies may (but at the date of writing these terms are not) be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should e-mail us at [email protected]
By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at [email protected]
You warrant and undertake that you will not use our website for any purpose that is illegal or is prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
Applicability of online materials
Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
ZestBeauty makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
Copyright and monitoring
Availability of our website
- we have the right to sell the Product to you;
- the Product will correspond with the description we have given to you;
- the Product will be of satisfactory quality
Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any service we provide to you will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.
We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of ZestBeauty or our servants, agents or any other person or entity.
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
Except in respect of a payment obligation, neither you nor ZestBeauty will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.]
- to us via e-mail at [email protected] or
- to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Your right to privacy is important to us. We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from our website and other products and services we may be able to tell you about.
The data we keep
The information you provide will be kept confidential and will be used only to support your customer relationship with us. We do not disclose or sell your information outside our corporate group except if we sell the whole or part of our business or as set out in this Policy.
Trading from our website
- potentially sensitive information such as your name and address
- critically-sensitive information like your credit card number
If concerned only about the privacy of your credit card information, we encourage you to contact us via our customer order line and speak to one of our sales representatives.
We hope that once you understand the measures we take to help ensure secure transactions and privacy, and the steps you can take yourself, you will be as happy about the safety of your online transaction and order information as we are.
We have no desire to infringe your privacy while using our site and we will never provide your personal information to anyone else except if we sell our business in whole or in part or if we consider that they may have products or services that are of importance or likely use to you.
Message given to a web browser by a web server. The message is then stored by the browser in a text file called cookie.txt. Each time the browser requests a page from the server, this message is sent back. A cookie's main objective is to identify users and personalise their visit by customising web pages for them, for example by welcoming them by name next time they visit the same site. A site using cookies will usually invite you to provide personal information such as your name, e-mail address and interests.
Further information on data protection and personal privacy
The Data Protection Manager,
4 Bull Close Road
- the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description;
- the Product delivered is not of a satisfactory quality; or
- the Product is not fit for any other purpose for which you have bought it and you notified us of this purpose before purchase, and we have not informed you that the Product is not fit for that purpose;
we will, at our option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
If you have any complaints, you should direct them to us using the contact us section on our website or by post to: Zest Beauty, 4 Bull Close Road, The Lookout, Nottingham, NG7 2UL.