Terms Of Sale
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content (“products”).
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in these terms and on the sales page on our website for the products you are purchasing.
The key information we give you by law forms part of this contract as though it is set out in full here.
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Why You Should Read Them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
When buying any products from us, you also agree to be legally bound by:
Our Website Terms and Conditions and any documents referred to in them;
Our Privacy Policy and any documents referred to in it.
All of the above documents form part of this contract as though set out in full here.
Information About Us And How To Contact Us
Who we are
We are sole traders trading as Dwell Skin and our main trading address is 5 Gravel Rd, Bromley Common. BR2 8PE.
How to contact us
To contact us, please email us at hello@dwellskin.co.uk or via the Contact page on our website.
How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our Contract With You
Below, we set out how a legally binding contract between you and us is made when you order from Dwell Skin.
You place an order for products by adding the product to your shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To buy the product, you must click the Purchase button. You understand and agree that you will be charged for the product via the payment details you have provided.
How We Will Accept Your Order
Our acceptance of your order will take place when we send you a confirmation email to acknowledge it, at which point a contract will come into existence between you and us.
If We Cannot Accept Your Order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product, or we will immediately refund you if your payment has been processed. This might be because:
Of unexpected limits on our resources which we could not reasonably plan for;
We have identified an error in the price or description of the product;
We are unable to meet a delivery deadline we have specified;
The product is unavailable;
We cannot authorise your payment;
You are not legally allowed to buy the product from us; or
We are not legally allowed to sell the product to you.
Our Goods
Goods May Vary Slightly From Their Pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a two percent (2%) tolerance.
Product Packaging May Vary
The packaging of the products may vary from that shown in images on our website.
Where To Find The Price For The Products
The price of the products will be the price indicated on the order pages when you placed your order on our website. We use our best efforts to ensure that the price of the products advised to you is correct. However please see below for what happens if we discover an error in the price of the product you order. The price of the product is in pounds sterling.
What Happens If We Got The Price Wrong
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
When You Must Pay And How You Can Pay
We accept payment with debit and credit cards via Stripe. You must pay for the products at the time of ordering them.
Your Payment Information
We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these terms or our Privacy Policy, or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
Our Rights To Make Changes
Minor Changes To The Products
We may change the product:
To reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
Updates To Digital Content
We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Our Intellectual Property Rights In Relation To The Products
We are the owners or licensees of all intellectual property rights in the website, and the products you purchase, including any databases that hold relevant information about the website or its products relating to Dwell Skin. These rights are protected by copyright or trade mark registration and you may only use the products, or any part of them, in accordance with these terms.
Cecily Braden (CJB Beauty Secrets) is the owner and licensee of all intellectual property rights relating to CJB Self-Care training material and CJB patented Gua Sha and Facial Massage Tools. These rights are protected by copyright or trade mark registration and you may only use the products, or any part of them, in accordance with these terms.
Upon payment of the price for any of our products we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the products for your own personal, non-commercial use.
You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any products, or part of the products, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.
Providing Products
Delivery Costs
The costs of delivery will be as displayed to you on our website.
When We Will Provide The Products
During the order process we will let you know when we will provide the products to you. We aim to despatch all order within two-three working days.
If The Products Are Goods
If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
If The Products Are One-Off Services
We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
If The Product Is A One-Off Purchase Of Digital Content
We will make the digital content available for download by you as soon as we accept your order.
We Are Not Responsible For Delays Outside Our Control
If our supply of the products is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
When You Become Responsible For The Goods
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
What Will Happen If You Do Not Give Required Information To Us
We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons We May Suspend The Supply Of Products To You
We may have to suspend the supply of a product to deal with technical problems or make minor technical changes, update the product to reflect changes in relevant laws and regulatory requirements, or to make changes to the product as requested by you or notified by us to you.
Your Rights If We Suspend The Supply Of Products
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
Dwell Skin Facial Treatments - Cancellation Policy
For The Provision Of In-Person Services (Facial treatments). You are required to provide us with at least 48 hours’ notice in writing of any change or alteration to a scheduled appointment for an in-person service. Where you do not attend a scheduled appointment, or cancel the appointment with less than 48 hours’ notice in writing, that appointment will be forfeit, no re-scheduling will be permitted and no refund will be available to you for that appointment. Payment for services should either be made in cash or by credit or debit card on the day of treatment. In a situation necessitating payment by bank transfer, transfers must be made either before or within 24 hours of receiving treatment.
For The Provision Of Online 1:1 Services (Zoom Gua Sha classes or DCZ Facial Reflexology). You are required to provide us with at least 48 hours’ notice in writing of any change or alteration to a scheduled appointment for an online 1:1 service. Where you provide the required notice, you may reschedule to another suitable date. Change or alteration of the re-scheduled appointment will not be permitted. Where you do not attend a scheduled appointment, or cancel the appointment with less than 48 hours’ notice in writing, that appointment will be forfeit, no re-scheduling will be permitted and no refund will be available to you for that appointment. Payment should be made by credit or debit card before the scheduled class.
For The Provision Of Online Group Services (Group Zoom Gua Sha classes). You are required to provide us with at least 48 hours’ notice in writing of any change or alteration to a scheduled appointment for an online group service. Where you provide the required notice, you will be allocated to the next available online group service date. Change or alteration of the re-scheduled appointment will not be permitted. Where you do not attend a scheduled appointment, or cancel the appointment with less than 48 hours’ notice in writing, that appointment will be forfeit, no re-scheduling will be permitted and no refund will be available to you for that appointment. Payment should be made by credit or debit card before the scheduled class.
Your Rights To End The Contract
You Can Always End Your Contract With Us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
Ending The Contract Because Of Something We Have Done Or Are Going To do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
We have told you about an upcoming change to the product or these terms which you do not agree to;
We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
There is a risk that supply of the products may be significantly delayed because of events outside our control;
We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
You have a legal right to end the contract because of something we have done wrong.
Exercising Your Right To Change Your Mind If You Are A Consumer (Consumer Contracts Regulations 2013)
If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When Consumers Do Not Have A Right To Change Their Minds
Your right as a consumer to change your mind does not apply in respect of:
Digital products after you have started to download or stream these;
Services, once these have been completed, even if the cancellation period is still running;
Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
Any products which become mixed inseparably with other items after their delivery.
How Long Do Consumers Have To Change Their Minds?
If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
Have you bought services?
If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
Ending The Contract Where We Are Not At Fault And There Is No Right To Change Your Mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation.
A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for.
A contract for services is completed when we have finished providing the services and you have paid for them.
If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will 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.
How To End The Contract With Us - Including If You Are a Consumer Who has Changed Their Mind.
To end the contract with us, please let us know by emailing us at hello@dwellskin.co.uk
You may use the model cancellation form below, but you are not required to:
Cancellation form
To [insert your name]
[insert your registered address]
[insert your email address]
I hereby give notice that I cancel my contract of sale for the following digital products / the supply of the following services [customer to insert description of purchase], ordered on [customer to insert purchase date].
Name of customer: [customer to insert name]
Address of customer: [customer to insert address]
Date: [customer to insert date]
Returning Products After Ending The Contract
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 either return the goods in person to where you bought them, post them back to us at Dwell Skin, 5 Gravel Rd, Bromley, BR2 8PE. If you are a consumer 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.
When We Will Pay The Costs Of Return
We will pay the costs of return:
If the products are faulty or misdescribed;
If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
How We Will Refund You
If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
When We May Make A Deduction From Refunds If You Are A Consumer Exercising Your Right To Change Your Mind. If you are exercising your right to change your mind:
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 in a way which would not be permitted in a shop. 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.
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 will only refund what you would have paid for the cheaper delivery option.
Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When Your Refund Will Be Made
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, 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 have sent the product back to us.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Our Rights To End The Contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
You do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
You do not, within a reasonable time, allow us to deliver the products to you or you do not, within a reasonable time, allow us access to your premises to supply the services.
We May Withdraw The Product
We may write to you to let you know that we are going to stop providing the product. We will let you know at least seven (7) days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If There Is A Problem With The Product
If you have any questions or complaints about a product, please contact us via email at hello@dwellskin.co.uk
Your Rights Regarding Defective Products If You Are A Consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get an immediate refund.
Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you are entitled to a repair or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we are unable to fix it.
If you haven’t agreed a price beforehand, what you are asked to pay must be reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
Your Obligation To Return Rejected Products
If you wish to exercise your legal rights to reject products you must post them back to us.
In Relation To Products
We Are Not Medical Professionals. You acknowledge and agree that:
The products are not medical treatment and do not substitute medical treatment;
The products do not prevent, cure or treat any medical disorder or disease, whether or not such disorder or disease is diagnosed;
It is your exclusive responsibility to seek any independent medical or other professional advice or guidance in relation to your health and wellbeing, or concerns about your health and wellbeing, as required.
No Guarantee Of Outcome From Use Of The Products
Whilst we have utilised in creating and sourcing the products, and we will at all times in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the products as any such outcome will vary based on the level of effort, engagement and implementation on your part. You agree that we are not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the products.
How We May Use Your Personal Information
We will only use your personal information as set out in our Privacy Policy.
Which Laws Apply To This Contract And Where You May Bring Legal Proceedings If You Are A Consumer
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.
©Dwell Skin 2021
Last updated Jan 7th, 2021.