Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Last amended 1 September 2022
Welcome to the www.avon.uk.com website terms and conditions of supply (“T&Cs”).
www.avon.uk.com (“Website”) is a site operated by Avon Cosmetics Limited, a company registered in England under company number 592235 and with our registered office at Nunn Mills Road, Northampton, NN1 5PA. Avon Cosmetics Limited will be your contracting partner if you decide to place an order on the Website.
Avon’s Website store is hosted on Shopify Inc who provide Avon with the online e-commerce platform that allows us to sell our products and services to you.
By using the Website or placing an order, you agree to be bound by these T&Cs and any additional conditions and policies referred to herein and/or available by hyperlink (together, the “Terms”). The Terms apply to all users of the Website, including without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
In addition, by using the Website, you affirm that you are of legal age to agree to the Terms or, if you are not, that you have obtained parental or guardian consent to enter do so. If you are not of legal age to agree to the Terms and have not obtained parental or guardian consent to agree to the Terms, then you may not use the Website. This website is not intended for persons younger than 13 years of age. If you are under 13 years of age, you should not provide your personal information on this website.
If you do not agree to these Terms, you must not use or access the Website.
You should print a copy of these Terms or save them to your computer for future reference. The details of your specific contract will not be kept by us. Every time you wish to place an order and purchase products, please check these Terms to ensure you understand and agree to the terms which will apply at that time. These terms were most recently updated on 29 January 2021.
Other terms that may apply to you
These Terms refer to additional terms and conditions, including but not limited to which also apply to your use of the Website.
1. Contacting us
You can contact our Customer Services team by calling 0333 2345678. You can also email email@example.com or write to us at Sales Service Centre, Avon Cosmetics Limited, Earlstrees Road, Corby, Northamptonshire, NN17 4AZ.
2. Our Products
a) Pictures, illustrations or descriptions or any other information submitted or contained in this Website or other advertising matter are for general information and guidance. There may be minor variations between the products as shown or described on our Website and those dispatched to you without affecting their function, quality or price. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. The packaging of the products may vary from that shown on images on our Website.
3. Our contract with youa) Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
b) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. We will confirm our acceptance to you of your order by sending an email to the email address you provided to us when submitting your order that confirms the products have been dispatched (Dispatch Confirmation). The contract between you and us will only be formed when (and not before) we (i) have received settlement of all sums due in respect of the products and (ii) have sent you the Dispatch Confirmation. You may not cancel or vary your order once it has been accepted, except in accordance with section 6 below.
c) If we are unable to accept your order or supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our website, we will not process this product with your order and you will receive notification within the rest of your order. Usually we don't take payment until we have dispatched your order. However, if we do take payment, we will refund you the full amount as soon as possible, and in any event within 30 calendar days of the day of our notification. For the avoidance of doubt other products ordered by you in the same or separate orders will be dispatched in the normal way
d) Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside of the UK.
4. Product Prices and Payment
a) The prices of the products will be as quoted on our website from time to time. We take all reasonable care to ensure that prices shown in our website are accurate at the time you place your order. If an error is found prior to dispatch of the products, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the products.
b) If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
c) Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a shipping confirmation email. The price of a product includes VAT (where applicable). We cannot refund any VAT charges, except where the entire price of the product has been refunded. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as quoted on the Delivery pagefrom time to time.
d) Payment for products ordered can be made by any method shown in this website at the time you place your order. All payments are taken in British Pounds. All purchases are inclusive of VAT (if applicable) at the prevailing rate. Payment for the products and all applicable delivery charges is in advance.
e) Only one promotional code or discount can be used when submitting an order (unless expressly permitted by the terms and conditions of the offer, code or discount).
a) The costs and methods of delivery will be displayed to you on the individual product pages and during checkout. More detail can be found on our Delivery page.
b) Ordered products will normally be delivered within the time set out on our Delivery Page, unless otherwise notified to you by us, and, in any event, within 30 days after the date on which we accept your order.
c) If we are unable to deliver the products within 30 days of sending you the Dispatch Confirmation, we will inform you as soon as possible and you will be entitled to cancel the contract and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the products and their delivery if: (a) we have refused to deliver the products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to cancel the contract straightaway, or we do not deliver the products within 30 days of our shipping confirmation email for your order and you do not have the right to cancel your contract under the preceding sentence, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the contract if we do not meet the new deadline. Note: this section only applies to consumers.
d) We are not responsible for delays outside our control and, except as set out in section 4(c), we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
e) Our products will only be delivered in the United Kingdom. Users from outside of the United Kingdom, purchasing our products must indicate a delivery address in the United Kingdom and delivery outside of the United Kingdom must be organised by the you. If you choose to access the Website from other locations other than the United Kingdom, you do so on your own initiative and at your own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
6. Your right of cancellation and refund
b) You have a legal right to cancel a contract no longer than 14 calendar days after the day on which you receive the products. This means that during this time if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Please note that this right to cancel does not apply to items which are unsuitable for return due to health protection, hygiene or personalisation reasons or have been unsealed after delivery. If you wish to cancel your order in accordance with your statutory rights before receiving the products, please contact us using the details provided in Section 1. Alternatively, if you have already received the items, you must return them to us without undue delay by following the returns process set out on the Returns page here.
c) You will receive a full refund of the price you paid for the products. Please note that we are permitted by law to reduce this refund to reflect (or require you to pay to us an amount equal to) any reduction in the value of the products caused by your handling them in a way which would not be permitted in a shop.
7. Our liability to you
SECTION 7(a) ONLY APPLIES IF YOU ARE A CONSUMER
a) If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable
b) We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.
c) We do not in any way exclude or limit our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) anything for which liability cannot be excluded by applicable law.
8. If you are an Avon Representative
a) We reserve the right to refuse to accept or cancel any order placed by you where:
i) we reasonably believe that you are bulk buying products that are not for personal use or consumption; or
ii) we reasonably believe that you have made use of a customer only discount code that we have promoted when purchasing products that are not for personal use or consumption.
b) Nothing in these Terms limit or exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) defective products under the Consumer Protection Act 1987; or (e) anything for which liability cannot be excluded by applicable law.
c) Subject to section 8(b), we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.
d) We do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law, regulation or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
9. Events outside of our control
a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control. If an Event Outside Our Control takes place that affects the performance of our obligations under a contract our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10. Other important terms
a) We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
b) Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
c) We may revise these Terms at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order. We will post the new version of the Terms on the Website and any orders placed after this time will be subject to the new version.
d) If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
d) 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.
e) If you are unhappy with how Avon has dealt with your purchase, please contact the Sales Service Centre via email to mailto:firstname.lastname@example.org or by post to Sales Service Centre, Avon Cosmetics Limited, Earlstrees Road, Corby, Northamptonshire, NN17 4AZ. Any consumer who is still not satisfied may wish to access an ADR provider (an out-of-court complaint handling service). Avon does not agree to its consumer complaints being handled by ADR providers which can be accessed via the EU Online Dispute Resolution (ODR) platform: http://ec.europa.eu/odr . Instead, the Direct Selling Association (the DSA) offers an out-of-court dispute handling service which is specific to direct selling companies such as Avon who are members of the DSA. DSA members agree to abide by the DSA’s Codes of Practice. For details of the DSA’s Codes of Practice and its out-of-court complaint handling arrangements, contact The Direct Selling Association, PO Box 1682, Unit 14, Northampton NN1 9NG, tel 01604 625700, email: mailto:email@example.com or visit the DSA website: www.dsa.org.uk. Complaints can be submitted to the DSA either online (by email) or by post.