In these terms and conditions, the following definitions apply:
"Before and After Story" means any written testimonials you supply to us relating to the Products together with any photographs.
"VIP Club" the Sheer Cover Studio™ VIP Club offering savings, information, promotions and regular shipments to members relating to the Products and Services and other Guthy-Renker products and services;
"Non-club" Customers purchasing a non-club Kit are not eligible to receive VIP offers, savings or regular shipments;
“Guthy-Renker” means Guthy-Renker UK Limited, whose registered office is at 12, Gough Square, London, EC4A 3DW and whose company number in the register maintained by the Companies House is 03307025 and registered VAT number is 690671316 and 'we', 'us', our' shall mean Guthy-Renker;
"Materials" defined in clause 2.2;
"Products" means any products offered for sale on the Site;
“Services” means any information and services ordered and/or provided by Guthy-Renker through or via the Site including, without limitation, all services offered as part of the VIP Club membership. For the avoidance of doubt, any electronic information supplied to you by Guthy-Renker will constitute part of the "Service" not a Product and cancellation rights will apply accordingly; and
“Site” means the web site at the URL www.sheercover.co.uk or WAP site or replacement site(s) from time to time.
||Use of this Site generally
||You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
||The intellectual property rights in all materials on the Site and supplied as part of the Products or Services other than the Testimonials ("Materials") are owned by Guthy-Renker or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.
||Should you submit a Before and After Story to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site and on any other Guthy-Renker group company website which sells or markets the Products and in our marketing materials and for any other business purposes.
||You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Guthy-Renker or any third party.
||Guthy-Renker accepts no obligation to monitor the use of the Site. However, Guthy-Renker reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Guthy-Renker will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
Guthy-Renker may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
||Your personal information
||You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Guthy-Renker does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
||The Site includes links to external sites and co-branded pages. Guthy-Renker has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Guthy-Renker does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.
||Subject to the important liability statement, Guthy-Renker is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
||The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
||As part of the Services offered via this Site, you may be issued with an individual password which can be used to access the VIP Club areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
||In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify Guthy-Renker of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your Club membership for whatever reason.
||Guthy-Renker reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Guthy-Renker promptly of any changes to your registration details.
||Suspension and termination of Service
||Guthy-Renker may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will not necessarily be uninterrupted or error free.
||Guthy-Renker may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Guthy-Renker or any company in Guthy-Renker’s group.
||Eligibility to purchase Products
||Guthy-Renker does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a VIP Club member or purchase Products from the Site. By applying to be a VIP Club member or by ordering Products, you represent that you are 18 years of age or older.
||In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, Delta or Switch credit or debit card. You warrant that the payment card you submit is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Guthy-Renker is not responsible in the event that your payment card provider refuses to authorise payments.
IMPORTANT: When you order a Deluxe VIP Kit, you agree that we may send you the same Products in the same quantities and on the same chargeable basis every 90 days from the date of your first order, OR if you order a 30 day Introductory VIP Kit, you agree that 30 days after your Introductory VIP Kit has been shipped that we will send you a 90-day supply of the products at the Deluxe VIP Kit price every 90 days, and you agree that we may debit the credit card you submit for your first order (including applicable sales tax and postage) on each subsequent dispatch of Products.
We will send you a confirmatory email with each dispatch of Products. Unless you notify us that you want to cancel these automatic repeat orders you will continue to be sent the same Products and your credit or debit card will be charged the price and relevant sales tax and postal charges every 90 days. Once you have purchased your first Products, the price for such Products will change if:
(a) you change your address and the applicable sales tax or postage changes accordingly; or
(b) our prices advertised on the Site increase in which case, we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change.
Price changes will not affect your cancellation rights.
||You may cancel future automatic purchases at any time by sending an email to firstname.lastname@example.org. On receipt of your email, we will make every reasonable effort to cancel your automatic purchases before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them. Your cancellation rights in relation to dispatched Products are set out in clause 11.
||It is your responsibility to inform us of any change of address or other relevant details such as payment card details.
||You may submit orders on this Site for Products but no contract will exist in relation to the Products until we have confirmed to you by email the particulars of your initial order, the value of your initial order and the initial Products you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Guthy-Renker reserves the right to refuse orders for Products.
||Pricing, availability and dispatch information of Products
||Information displayed on the Site as to pricing and availability is subject to change by Guthy-Renker. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
||While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 14 working days for delivery.
||In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause 10.4 below).
||Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.
||Cancellation rights for dispatched Products
After we send you the email confirming the dispatch of your Products and you receive the Products, you will then have a 60 day period during which you have a right to return the Products and receive a full refund (less postage and packaging costs). Within the 60 day period, you may cancel your order even if you have used all or part of the Products provided you notify us by email at email@example.com. Following such notice, contact Customer Service on FREEPHONE UK 0800 988 7858 or Ireland 1800 805 414 (Mon-Fri 8am-7pm, Sat 9am-1pm) to confirm the return address details and receive a return authorisation number ("RAN") and please follow the instructions relating to returns in your delivery documentation. Returned Products will not be accepted without a RAN unless notification that you wish to cancel your order is received within 7 days of the day after the date on which you received the Products. You must return the containers of the Products covered by the cancelled order in the original packaging to us at:
Guthy-Renker Customer Service Department
NL 0030 Greenford, UB18 7NL
Products must be returned by registered post (or any other method requiring the recipient to sign on delivery) in their original undamaged packaging. You are responsible for the costs of returning the Products. If you do not return the Products within 30 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.
It can take up to 7 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt. Please allow a further week for the amount to show in your account. Sorry if this seems a little long but the timeframe is dictated by your bank or card issuer.
||When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
||VIP Club membership
||Guthy-Renker warrants that the Services will be supplied with reasonable skill and care.
||Statutory rights and refunds
||THE RIGHTS OF CANCELLATION AND REFUND AND ANY LIMITATION EXPRESSED IN THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
||Refunds in relation to Products may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
||Guthy-Renker may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email or at the very least by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Guthy-Renker may delay enforcing its rights under these terms and conditions without losing them. You agree that Guthy-Renker may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
||These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
||If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Guthy-Renker Customer Service Department, Unit A, Sovereign Park, Brenda Road, Hartlepool, TS25 1NN, UK or email firstname.lastname@example.org.
Sheer Cover Studio™ VIP Club Free Prize Draw (the “Promotion”)
TERMS AND CONDITIONS
These are the terms and conditions (the “Terms and Conditions”) that govern the relationship between you, the entrant (“you”, “your(s)”) and Guthy-Renker UK Limited of 1 Hobhouse Court, 1st Floor, Suffolk Street, London SW1Y 4HH (the “Promoter”, “we”, “our”, “us”).
- The Promotion is only open to residents in the UK aged eighteen (18) or above who have purchased any Sheer Cover item from us during the Promotion Period.
- The following are not eligible to participate in this Promotion: (i) employees of the Promoter, its respective subsidiaries and associated companies and its advertising and promotional agencies, (ii) immediate family members of such employees or of anyone with whom such employees are domiciled and (iii) the independent observer. In these Terms and Conditions, “immediate family” includes mother, father, brothers, sisters, sons, daughters and spouse.
- The Promoter assumes that by entering the Promotion you have legal capacity to enter the Promotion and agree to the Terms and Conditions (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract).
- The Promotion starts at 11:00am on 3rd December 2012 and closes at 12am on 14th December 2012 (the “Promotion Period”):
HOW TO ENTER
- With every purchase you make of any Sheer Cover Studio™ product on the Sheer Cover Studio™ website (located at www.sheercover.co.uk) (the “Website”) during the Promotion Period you will automatically receive one entry into the free prize draw.
- There is one (1) prize of £100 worth of Love 2 Shop Gift Vouchers. These are redeemable either online (located at http://www.highstreetvouchers.com/gift-vouchers/redeemers/high-street-gift-voucher-redeemer-list.jsp) or in one of the designated stores listed online (located at http://www.highstreetvouchers.com/gift-vouchers/love2shop)
- The prize must be accepted as awarded and is non-transferable or convertible to cash or other substitutes. If due to circumstances beyond our control we are unable to provide the stated prize, we reserve the right to award a substitute prize of equal or greater value.
- There will be one (1) prize draw which will take place within fourteen (14) days of the end of the Promotion Period at the Promoter’s offices at the address set out above. One (1) winner will be selected at random from all eligible entries received during the Promotion Period in the presence of an independent observer and in accordance with these Terms and Conditions.
- We will endeavour to notify the winners by email and/or telephone and confirmation will follow in the mail within thirty (30) days of such notification date.
10. If a winner cannot be contacted after two (2) attempts within seven (7) days of the draw date, we reserve the right to select an alternate winner.
11. We reserve the right to select an alternative winner in the event that we have reasonable grounds for believing that a winner has contravened any of these Terms and Conditions.
12. The name and home county of the winners will be published on the Website for one (1) month after the end of the Promotion Period.
13. By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.
14. To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
15. Subject to rule 16, personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable. The declared prize winners’ information will be shared by the independent observer with us, specifically the winners’ name, postal address, telephone number and/or e-mail address, only to the extent that this information is required to award the prize for this Promotion.
16. By entering this Promotion, you agree to the use of your name, address, and or photograph or other likeness, as well as your appearance at publicity events without any additional compensation and as required by the Promoter if you are declared a winner.
17. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts.
Sheer Cover® £10 off Kit Offer website Ts & Cs
The Sheer Cover® Save £10 offer (the "Offer") applies only to first-time customers purchasing any Sheer Cover® Kit. Maximum 2 kits per customer. Offer ends at 5pm on 15th July 2013. All other products and line extensions featured on the website www.sheercover.co.uk are excluded from this Offer. The Offer cannot be used in conjunction with any other offer or promotion. You will only be charged £19.99 plus shipping and handling for the Introductory VIP Kit (all shades). If you select the Sheer Cover® Deluxe VIP Kit (all shades) you will only be charged £49.80 or 3 x £16.60 plus shipping and handling. BUT PLEASE NOTE: All future continuity shipments of the Product that you are subscribed to will be charged at our normal price, currently £59.85 plus shipping and handling.
Sheer Cover® £20 off Kit Offer website Ts & Cs
The Sheer Cover® Save £20 offer (the "Offer") applies only to first-time customers purchasing any Sheer Cover® Deluxe 7 Piece Kit. Maximum 2 kits per customer. Offer ends at 3pm on 3rd December 2013. All other products and line extensions featured on the website www.sheercover.co.uk are excluded from this Offer. The Offer cannot be used in conjunction with any other offer or promotion. If you select the Sheer Cover® Deluxe 7 Piece VIP Kit (all shades) you will only be charged £54.80 or 2 x £27.40 plus shipping and handling. BUT PLEASE NOTE: All future continuity shipments of the Product that you are subscribed to will be charged at our normal price, currently £74.85 plus shipping and handling.
When you order your introductory set of Products, you agree that we may send you a 90-day supply of the same products (excluding FREE gifts) 30 days after your introductory VIP kit has been shipped and every 90 days after that and that we may debit the credit card you submit for your first order for the amount and for shipping and handling on each subsequent dispatch of Products.
When you order your introductory VIP Kit, you agree that 30 days after your introductory VIP kit has been shipped that we will send you a 90-day supply of the products at the DELUXE VIP price £59.85 (or 3 x £19.95) that we may send you the same VIP 90-day supply in the same quantities every 90 days and that on each subsequent dispatch of VIP Kit we may debit the credit card you submit for your first order with an amount equivalent to our normal price for the VIP Kit (currently £59.85 plus shipping and handling).
We will send you a confirmatory email with each dispatch of Products. Unless you notify us that you want to cancel these automatic repeat orders you will continue to be sent the same Products and your credit or debit card will be charged the price and shipping and handling charges every 90 days. Once you have purchased your first Products, the price for such Products will change if:
(a) you change your address and the applicable sales tax or postage changes accordingly; or
(b) our prices advertised on the Site increase in which case, we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change. Price changes will not affect your cancellation rights.