HACK SKINCARE LTD TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. CERTAIN TERMS WILL APPLY TO YOU DEPENDING UPON WHERE YOU USE THE WEBSITE AND OUR SERVICES.
Welcome to HACKSKINCARE.CO.UK (the "Website"). The Website is operated by Hack Skincare Limited, a limited company registered in England & Wales under company number 00000000, with its registered office and trading address at 95B Walton Street, London SW3 2HP UNITED-KINGDOM, and the VAT number GB 000 0000 00 (“HACK Skincare Limited”, “our”, “we”, or “us”).
Listed on this page are the terms and conditions which apply to your interactions with us and purchase of the products listed on the Website (“Products”). These Terms and Conditions tell you how we will supply Products to you, what to do if there is a problem and other important information, so please read them carefully before proceeding (and print if necessary).
By using the Website, placing an order for Products on the Website you are agreeing to be bound by these Terms and Conditions. When we say 'Terms and Conditions' that includes all documents referred to on this page - such as our Privacy Policy, Cookies Policy and any other policies or terms referred therein and any updates, amendments or revisions thereto. Where these Terms and Conditions (or any part of them) have been translated into languages other than English, the English language version takes priority.
These Terms and Conditions may be modified from time to time to reflect changes to our Products or changes in the law but, should this happen, they will be posted on the Website or, if the changes are material, we will notify you of such changes by email. Your continued use of the Website following the posting of the revised terms and conditions means that you accept and agree to the changes. Changes to terms and conditions won't apply retrospectively unless you agree to it.
If you don't wish to be bound by these Terms and Conditions then you are not authorised to use the Website or buy any Products from it and must promptly cease using the Website.
Unless we inform you otherwise, all communication and notices you give to us must be sent to our Customer Services Department using the following email address: contact@hackskincare.co.uk
You can also contact the Customer Services Department by post at: Hack Skincare Ltd, 95B Walton Street, London SW3 2HP, United Kingdom.
We may give notice to you by posting it on the Website or at any address (email or postal) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent to your email address, or three days after the date of posting of any letter. When using the Website, you accept that communication with us will be mainly electronic. We will generally contact you by e-mail or provide you with information by posting notices on the Website. By using the Website, you agree to this means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory legal rights.
This explicitly sets forth your liability to us and Hack Skin Care’s liability to you under these Terms and Conditions (including what you cannot hold Hack Skin Care Limited liable for under these Terms and Conditions) with respect to the use of the Website and our Products. You expressly understand and agree that to the extent permitted by applicable law, your use of our Website and Products is at your sole risk, and our Products are provided on an “as is” and “as available” basis, with all its faults. Any content accessed through our website is accessed at your own risk, and you shall be solely responsible for any damage to your device, or any device you use to access our website, or any other loss that results from accessing such content. Hack Skin Care and its licensors expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from use of the website. You acknowledge and agree that neither Hack Skin Care’s nor its licensors are liable, and you agree not to seek to hold us liable, for the conduct of third parties on the website, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. For clarity, this section does not affect our Return Policy or our limited warranty for Products. The terms in this section do not affect your statutory rights as a consumer and nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that may not be excluded or limited under applicable law.
You agree to defend, indemnify and hold Hack Skin Care and its group companies, affiliates, licensors and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of
(a) your use of the Website or purchase of Products; or
(b) your breach of these Terms and Conditions or any other policies that Hack Skin Care may issue for the Website from time to time.
If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is a reasonably foreseeable and a direct result of our breaking these Terms and Conditions or our failing to use reasonable care and skill. We will not be responsible for any losses you suffer as a result of us breaching these Terms and Conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, or the sale of Products by us to you was formed.
Hack Skincare Limited is subject to England and Wales law ONLY. If a dispute or claim occurs you will need to go through the United-Kingdom Justice system. The law that governs these Terms and Conditions are British.
Unless we state otherwise, all content published on the Website is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website is accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website, whether it is our material or material posted by a third party (e.g. reviews, testimonials and comments). We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Continued use of the Website shall be deemed your acceptance of such changes. When using the Website on your mobile, laptop or desktop device (“Device”), you acknowledge and agree that you are responsible for (i) maintaining continuous internet access for your Device through a Wi-Fi and (ii) any internet connection and telecommunications fees and charges that you incur. The Gentler is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Website, including, but not limited to screen display operation features of your Device.
We process information about you in accordance with our Privacy Policy. By using the Website, you consent to this processing and warrant that all data provided by you is accurate.
All material which you contribute to the Website or its connected social media accounts (Facebook and Instagram), including reviews, feedback, stories, testimonials (where you respond with the required hashtag) and images, The Gentler does not verify or endorse and takes no responsibility for any contribution or any content or communications made available through the Website via any function which allows a user to publicly post or share content.
Our website is firstly for the promotion of our Products and services in the United Kingdom (“UK”) then worldwide. The Website is not directed toward people under 18 years of age, and The Gentler does not knowingly collect information from people under 18 or allow them to create an account or access account features. If you are under 18, please do not submit any personal information about yourself to The Gentler. None of the Products, services or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its Products, services and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content.
The Website is provided on an 'as is' and 'as available' basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, any third party content accessed on or through the Website, or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party. This Website and any content are provided for general information only. Commentary and other materials posted on the Website are not intended to constitute advice upon which any reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the 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. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
In this Section, we set out the terms relating to our intellectual property, and your use of and interaction with it. We, the Co-Founders, are the owners of the “The Gentler” brand name, logo and trade mark. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by us and are protected by copyright laws and treaties around the world. All such rights are reserved by us the co-founders.
You are permitted to access, store, print and use the Copyright Material on the Website for your own personal and non-commercial use and for placing orders for Products with us. However, you may not modify, copy, reproduce, publish, manipulate, upload, distribute, transfer or sell, by any means, any material or information on or downloaded from the Website or Copyright Material without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged. For the avoidance of doubt, you must not use any part of the Copyright Materials for commercial purposes without obtaining a licence to do so from us or our licensors. You shall not modify, translate, reverse engineer, decompile, disassemble, or hack the Website or create derivative works based on any software or accompanying documentation supplied by The Gentler or its third-party licensors. THE GENTLER is a trademark belonging to The Gentler Ltd. No licence or consent is granted to you to use this trademark in any way, and you agree not to use this trademark or any mark which are considerably similar without our prior written permission. You agree not to remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in the Website and you shall not use any metatags or other “hidden text” incorporating The Gentler marks. Any unauthorised use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.
The Website may incorporate third party content and we may be unable to grant permission for you to use any such third-party content. Please contact the appropriate third party for permission to use their content.
Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.
Where we provide links to other websites or resources, these links are provided for your information only and you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).
You must not attempt to interfere with the proper working of the Website or otherwise attempt to obstruct or interfere with any other person’s or entity’s use of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device. Without limiting the foregoing, you agree that you will not use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by The Gentler in its sole discretion. You agree that you will not (a) obtain or attempt to obtain any information from the Website including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyser, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Website. Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user's identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.
If we believe that a breach of this policy has occurred, we may, in our discretion, take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website, suspension or cancellation of your account, immediate removal of any Contribution, issue of a warning to you, and/or legal proceedings.
Depending upon where you are located when using or visiting the Website, you are responsible for compliance with all applicable laws. If use of the Website, or use of any Products, services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately. If making any of our Products available in your jurisdiction or to you is prohibited, those Products are not offered for sale to you. You accept that if you live outside the UK, you must satisfy yourself that you are lawfully able to access and/or purchase our Products.
We want everyone who uses the Website to have a positive and safe online experience – in this Section we set out the terms under which you may access the Website and use the services and resources we provide on it. You must comply with the spirit of these terms as well as the letter.
You may only use the Website for lawful purposes.
You may not use the Website:
1. In any way that breaches any law or regulation.
2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
3. For the purpose of harming or attempting to harm children or minors in any way.
4. To send, upload, download, knowingly receive, or use any material which does not comply with our content standards.
5. To transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or similar (e.g. spam).
The standards listed here under apply to all and part of any Contribution you make. You acknowledge that The Gentler has the right to pre-screen your Contribution but has no obligation to do so. Please note that we reserve the right not to publish any particular Contribution on the Website or to remove any Contribution at our sole discretion.
Contributions must:
Be accurate.
Where they state opinions, be genuinely held.
Comply with all applicable laws.
Contributions must not:
Contain anything defamatory, obscene, offensive, hateful, threatening, harmful to minors, or inflammatory.
Contain or promote sexually explicit material or violence.
Be used for deception, or to mislead as to your identity or affiliations.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or ageInfringe anyone else's copyright, trademark, or other intellectual property rights.
Promote or suggest anything unlawful, including copyright infringement or computer misuse.
Be made in breach of any legal duty, including a contractual duty or duty of confidence.
Promote any illegal activity.
Invade another's privacy.
Be likely to harass, upset, embarrass, alarm, or annoy another person.
Give the impression that they come from us or any other third party when they do not.
By making a Contribution:
You grant The Gentler a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sub licensable, fully paid-up, non-exclusive and transferable licence to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Contribution or any part of the Contribution in connection with the Website and The Gentler’s (and its successors’ and affiliates’) business, including without limitation for advertising, promoting and redistributing part or all of the Website, Products and packaging (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Website a non-exclusive license to access your Contribution through the Website while the Contribution is made available through the Website. You may take down any of your Contribution at any time; however, you acknowledge and agree that The Gentler may still have access to such Contribution and that the above license granted by you to The Gentler will remain in effect despite your removal of the Contribution from the Website. You hereby represent, warrant and covenant that any Contribution you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the licence specified in this Section.
To the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world.
You warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights.
You warrant that your Contribution is not offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to any liability, violates any law, is otherwise objectionable, or impersonates another person.
You acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution).
You agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us.
You release us from any and all claims, liabilities, or damages arising from our use of the Contribution.You acknowledge and agree that: (a) by using the Website, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and The Gentler has no responsibility to you or any third party for any Contribution that you create, submit, post or publish on or through the Website; (c) The Gentler does not guarantee any confidentiality with respect to your Contribution; and (d) The Gentler is not responsible for any Contribution provided by third parties that you may have access to through your use of the Website and all Contributions are the responsibility of the person from whom such Contribution originated. You acknowledge and agree that (y) The Gentler has no control over and is not responsible for the use of Contributions by its users, including any user that has downloaded Contributions to a personal Device; and (z) The Gentler may not be able to remove Contributions that are downloaded onto a user’s Device. The Gentler does not endorse any Contribution, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with any Contributions. For the avoidance of doubt, you acknowledge that your Contribution is your sole responsibility. You agree that, under no circumstances, will The Gentler be liable in any way for any Contribution, including, but not limited to, any errors or omissions in any Contribution, or any loss or damage of any kind incurred as a result of the use or distribution of any Contribution transmitted or otherwise made available via the Website.
This Section sets out the terms under which we will supply Products to you through the Website.
Hack Skin Care Limited accepts American Express, Debit Mastercard EEA, Maestro International, Mastercard Business, Mastercard Corporate, Mastercard Credit, Mastercard Debit Commercial International, Mastercard Debit Personal International, Mastercard Fleet, Mastercard Purchasing, Mastercard Signia, Mastercard World, UK Maestro, Visa Business, Visa Corporate, Visa Credit, Visa Debit, Visa Debit, Visa Debit Commercial International, Visa Electron, Visa Purchasing and Paypal.
The Products offered or promoted on the Website are not medical products or medical devices and may produce different results for different users. The Products should be used by you only as directed. We have taken reasonable steps to display, as accurately as possible, the colours and other detailing of our Products in the images that appear on the Website. However, the actual colours and detailing you see on screen will depend on your Device, and we cannot guarantee that your Device's display of any colour or other detailing will exactly reflect the colour or detailing of the Product upon delivery. The packaging of the Products may vary from that shown in images on our Website. We may sometimes make minor changes to Products or their packaging to reflect changes in laws or regulations, or to implement minor adjustments and improvements. We warrant to you that any Product purchased from us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the Products. This does not affect your legal rights as a consumer, nor does it affect any right to cancel. Every care has been taken to ensure transparency in the pricing. However, we accept no liability for minor discrepancies, averages or fluctuations in the pricing elements.
Although we do our best to ensure that all material and information published on the Website is accurate, all Products are subject to availability. If we cannot supply you with the Product(s) you ordered, we will not process your order and will inform you of this in writing (which may include email). If you have already paid for the Product, we will refund you in full as soon as reasonably possible. We reserve the right to restrict the availability of individual Products or categories from time to time, including limiting the number of such Products that may be purchased in any month.
To place an order through the Website for a Product, you warrant that you are legally capable of entering into binding contracts. You must comply with all export laws and regulations of the UK or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Products, to any destination, person or entity restricted or prohibited by the Export Controls. You must be purchasing as an individual for private use and not as a wholesaler or reseller. We reserve the right to cancel orders where we believe that they are intended for resale, where an account is being shared amongst individuals or otherwise for breach of these Terms and Conditions.
You can check and correct your order at any point up until you have clicked the 'PAY NOW' (or similar) button on the checkout page. Details of your order history will be available through your 'My Account' page. You are required to provide us with your email address when placing an order (or when registering an account with us). We will notify you by email as soon as possible to confirm that we have received your order. Please note that all orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an e-mail confirmation that the Product has been dispatched, (“Confirmation”). We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. Your order shall be concluded in English. If these Terms and Conditions (or any part of them) are made available in languages other than English, the English language version shall take priority.
During the checkout process, you will be asked to complete your payment details. All fields shown as compulsory must be completed. Please note that we will collect and store your information using an encrypted secure payment mechanism and will only use it in accordance with our Privacy Policy.
The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. These prices include VAT and any other applicable sales taxes. These prices exclude delivery costs, which will be added to your order before your payment is finalised. Prices are liable to change at any time, but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete. If you are a consumer in the UK and the rate of VAT changes between your order date and the date we supply the Product, we will 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. If The Gentler determines that any Products, or payments for any Products, under these Terms and Conditions are subject to sales tax in any jurisdiction and you have not remitted the applicable sales tax to The Gentler, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such unpaid sales taxes. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced.
As explained above, you can pay by MasterCard, Visa credit, Visa debit, Visa Electron, JCB, Maestro, Solo, American Express and Paypal. In placing your order with a credit or debit card or by PayPal you confirm that the card/account being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Products. We may obtain validation of your credit or debit card or Paypal details before providing you with any Product. All credit/debit card or Paypal account holders are subject to validation checks and authorisation by the card issuer/payment provider.
If the issuer of your card/payment provider refuses to authorise payment we will not accept your order or be under any obligation to deliver the relevant Product. We will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery of the Product ordered. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Your credit/debit card/Paypal account will be charged when we issue your dispatch order from our trading address. If your payment is not received and you have already received the Products you ordered from us, you must pay for the Products or return those Products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 10 days of the date on which we cancel your order, we may collect (or arrange for collection) the Products at your expense. We reserve the right to charge you for any and all damage to any Products that are the subject of an unpaid order.
Subject to availability, after we have accepted an order for Products, we will use all reasonable means to deliver the Products within the time stated for your chosen shipping service. We will aim to dispatch within 48 hours; however, any date specified for delivery is approximate and we shall have no liability for failure to deliver on such specified date.
Shipping charges will be displayed clearly on the order page before payment is requested.
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the shipping company will leave you a note informing you of how to rearrange delivery.
If after a failed delivery to you, you do not re-arrange delivery, the shipping company will contact you for further instructions and may charge you for storage costs and any further delivery costs.
Products become your responsibility from the time we delivery the Product to the address you gave us. Please check your Products thoroughly on receipt as we cannot be liable for any damage caused once they are in your possession. This does not affect your statutory rights. You will only own the Products once we have received payment in full. We try to dispatch all orders within 48 hours of receipt.
Very occasionally we may need to cancel an order at our discretion. If this becomes necessary, it will be without charge to you.
Whether you are located, you may cancel a Product order at any time within 14 days beginning on the day you have received your order, without having to give a reason. For UK customers, such cancellation rights are pursuant to the statutory rights under the Consumer (Information, Cancellation and Additional Payments) Regulations 2013 (the “Regulations”). You must exercise your right to cancel within 14 days of the day you received the order. If you would like to cancel your order contact our Customer Services Department at contact@thegentler.co
We will refund you the cost of the order but not the cost of shipping. This refund will be within 14 days of cancellation. Please do not send back an order without contacting us first. Please quote your order number in all correspondence. You will be responsible for the cost of return and for ensuring the Products reach us safely.
Sometimes, we may give you a promotional code to reduce the price of specified Products. Each promotional code has its own rules which will be made clear at the time of issue. Promotional codes need to be entered at the checkout to be applied to your order. Promotional codes are non-transferable and cannot be used in conjunction with other promotions or discounts. We may cancel or suspend a promotional code without notice where an event beyond our control affects the running of the promotion, or where we suspect fraud or technical error.
HOW CAN I CONTACT SOMEBODY AT HACK?
Our customer service team can be reached Monday - Friday 9am - 5.30pm GMT by email: contact@hackskincare.co.uk
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