Terms & Conditions
By placing an order with Gemma Clare (“Gemma Clare” “us” or “we”) for products that are sold on the Site (“Products”) you will be deemed to have read, understood and agreed to these Terms & Conditions (“T&Cs”). Please read these T&Cs carefully and, if you are unhappy with any aspect, you should contact us by e-mail: [email protected].
We amend these T&Cs from time to time. Please check the top of this page to see when these T&Cs were last updated. Every time you order Products from us, the T&Cs in force at the time of your order will apply to the contract between you and us. If we have to revise these T&Cs and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.
1. About Gemma Clare
This Site is operated in the United Kingdom and all sales on the Site are made by Gemma Clare.
You have chosen to visit the Site in the United Kingdom in order to purchase our Products. As a consequence, irrespective of your place of residence, any purchase you make will occur in the United Kingdom and will be governed by these T&Cs and the laws of England and Wales.
2. Other policies
The following additional policies (which can be accessed by clicking on the links below) also form part of these T&Cs and should be read carefully before placing an order:
- Returns Policy.
In order to make a purchase through the Site or to use the services or features made available to you on the Site you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and e-mail address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
4. Pricing policy
Gemma Clare has taken great care in the preparation of the content of this Site, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or the prices as advertised on this Site. All prices are displayed including VAT and exclusive of delivery charges. The total cost of your order is the price of the Products ordered plus VAT at the current rate and plus the delivery charges as set out during the checkout process.
Your credit or debit card will be charged at the time your purchase your order. Items in your online Shopping Cart will reflect the most recent price displayed on the Product’s detail page.
All Products are subject to availability. Validly stated prices on our Site remain in effect for so long as the Products are available or as otherwise stated on our Site. We will inform you as soon as possible if the Products you have ordered are not available.
6. Online ordering process
The ordering process consists of following steps:
- you add the Products which you wish to purchase to your shopping cart;
- you select your preferred delivery method;
- you provide an address for delivery, a billing address, and any requested payment information;
- you will be asked to read carefully and then accept the T&Cs;
- before submitting your order you will have a final opportunity to review the Products to be purchased and their prices (including any additional charges and fees such as delivery costs) and all of the information you have submitted; and
- you will click ‘Place Order’ to finalise your order.
7. Ordering errors
You are able to correct errors on your order up to the point at which you click on ‘Place Order’ on the final page of our ordering process.
8. Back orders
Some items will be available for back order when they are out of stock and we are expecting new stock to arrive very soon to our warehouse. We aim to dispatch all back-ordered items as soon as they become available for shipping. Dispatch dates are subject to change. Delivery dates will depend on the shipping method chosen at the time of purchase.
9. Acknowledgement and acceptance of your order
We will notify you by e-mail as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by e-mail or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) (“Contract”). If you require any information concerning your order please e-mail: [email protected] quoting your order number. We may not accept your order if a Product you have ordered is out of stock, if we have identified a Product or pricing error, or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
Deliveries can be made worldwide. Most of our parcels require a signature upon delivery. We regret we do not deliver to P.O. Boxes or hotels. If you have a question about delivery please e-mail: [email protected]
We will deliver the merchandise in accordance with the delivery option selected by you. Please view our delivery options below for full details and terms. Whenever referred to, working days exclude Saturday, Sunday and English bank holidays. Orders to one address may be delivered in one or more deliveries; however, you will incur only one delivery charge. If you have specified delivery to more than one address when placing your order, there is a separate charge for each destination address. Any delivery timescales are indicative only.
We are not responsible for delivery delays outside our control. If our supply of the products is delayed by an event outside 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 please e-mail [email protected] to end the contract and receive a refund for any products you have paid for but not received.
Upon delivery of the Products to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and to address any intended cancellation to the correct addressee or to return or exchange your Products. For further information, please see the Your cancellation right and the Your other statutory rights to return Products under the Consumer Rights Act 2015 sections within these T&Cs.
UK DELIVERY OPTIONS AND TERMS
We offer free UK deliver for orders over £50.00.
Shipping is calculated at checkout.
Standard delivery service is available for all addresses within the UK and Channel Islands. In the event of adverse weather conditions there may be some delays to the delivery of your order. During Sale periods and promotional offers delivery may take longer.
EUROPEAN DELIVERY OPTIONS AND TERMS
Shipping is calculated at checkout.
Please be aware that deliveries outside the UK may be subject to customs, regulatory or legal restrictions. To comply with local legislation you or the shipping recipient may be required to pay additional taxes, fees or levies, import duty or formal customs entry may apply. We are unable to accept any responsibility for any charges incurred and are unable to offer any assistance or advice. We advise that you check with your local customs agent before placing an order.
All prices include VAT, the total for your order is confirmed at checkout before you proceed to pay and complete your order. Once your parcel arrives in its destination country, local taxes, duties and charges may be added, which Gemma Clare is not responsible for.
Subject to security checks, your order maybe delayed. We apologise in advance for any inconvenience this may cause.
International parcels cannot exceed 2kg.
REST OF THE WORLD DELIVERY AND TERMS
Shipping is calculated at checkout.
Please be aware that deliveries outside the UK may be subject to customs, regulatory or legal restrictions. To comply with local legislation you or the shipping recipient may be required to pay additional taxes, fees or levies, import duty or formal customs entry may apply. We are unable to accept any responsibility for any charges incurred and are unable to offer any assistance or advice. We advise that you check with your local customs agent before placing an order. In the event you wish to return your Products to us, and local taxes have been imposed and paid in the country of delivery, you must request a refund of the customs duties and tax directly with your local customs office.
You (or the recipient of the Products if different) will be the importer for all international deliveries of the Products. Therefore, before placing an order, it is your responsibility to check that any Products ordered comply with country, state and/or federal government regulations, and that there are no local requirements or restrictions, which may affect receipt of your order.
All prices include VAT, the total for your order is confirmed at checkout before you proceed to pay and complete your order. Once your parcel arrives in its destination country, local taxes, duties and charges may be added, which Space NK is not responsible for.
You should inspect the Products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us otherwise and return the Products in accordance with your cancellation rights or other statutory rights (as referred to below).
Payment will be debited and cleared from your account at the point of purchase. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to Gemma Clare, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery.
13. Your cancellation rights
13.1 As you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 from the date of the Dispatch Confirmation until the date, which is 14 days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
13.2 Your right to return goods does not apply to goods (i) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or (ii) where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
13.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail: [email protected] In any such written communication, you must include details of your order, including your order number, to enable us to identify it. Your cancellation is effective from the date you send us the e-mail or post the letter to us.
13.4 If you cancel your Contract we will:
(a) Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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 store. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you will be liable to pay to us an appropriate amount.
(b) Refund any delivery costs you have paid, although the maximum refund will be the cost of delivery by the least expensive delivery method we offer (as permitted by law).
(c) Make any refund due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
(d) Refund you on the credit card or debit card used by you to pay. If you used gift vouchers to pay for the Products we may refund you in gift vouchers.
(e) In the event of an international delivery where you have been charged local taxes on the Products you wish to return, you will need to approach your local customs office and present proof of return in order to reclaim any taxes paid.
(f) Exchanges. If you indicate on your cancellation that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances, a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Products and the original Contract between us will be cancelled.
13.5 If a Product has been dispatched to you or you have received it before you decide to cancel your Contract:
(a) you must return it to us in its original packaging without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the Contract;
(b) Products should be returned to the following address:
175 Old Brompton Road
(c) you should have regard to any labelling and packaging guidelines produced by Royal Mail or any other courier used;
(d) unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us;
(e) if sending by post, we recommend that you obtain proof of postage as we do not accept responsibility for items lost in transit; and
(f) if you cancel your order but do not return such goods to us within 14 working days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
14 Your other statutory rights to return Products under the Consumer Rights Act 2015
14.1 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights (which are summarised in general terms below) are not affected by your right of return and refund in clause 15 (above) or anything else in these T&Cs.
14.2 The Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you are entitled to an immediate refund.
(b) Up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a full refund in most cases.
(c) After 6 months (depending on the type of Product): if your goods do not last a reasonable length of time then you may be entitled to some money back.
All sale and promotional items have been displayed and available to buy at the original, higher price for at least 28 days online before being reduced to the reduced price stated on the website. Some items within the sale are promotional, therefore the price of these items are subject to change and may increase after the sale period. Standard UK delivery of Sale purchases may take longer. Sale items may take longer to arrive due to the volume orders through our sale period.
Please note that while all products remain in pristine condition, due to the nature of the sale some external packaging may appear slightly worn.
Please note that an item could go out of stock during checkout and your purchase is only confirmed once dispatched.
16. Our liability for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs we will be responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).
We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. Questions and complaints
If you have any questions about these T&Cs or if you wish to please e-mail: [email protected] to complain about any matter in regard to the Products, please by e-mail: [email protected] or post at: Gemma Clare
Basement Flat, 175 Old Brompton Road, London, SW5 0AN, United Kingdom
18. Transfer of rights
We may transfer our rights and obligations under these T&Cs to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these T&Cs). You may only transfer your rights or your obligations under these T&Cs to another person if we agree in writing.
19. Law, jurisdiction and language
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
20. Returns Policy
As part of Gemma Clare’s commitment to delivering expert, unbiased beauty and wellbeing advice, our straightforward returns policy ensures that, if for any reason, you are not entirely happy with a purchase we will put it right.
We are responsible for your parcel once it has been received at our warehouse. Items lost in transit will not be treated as returned, and cannot be exchanged or refunded. Excludes gift vouchers with purchase, Sale and clearance items. Customers exchanging goods can choose from our full selection including gift cards. Please note that original delivery charges are not refunded. We will refund your payment for the goods as soon as possible by the original payment method, no later than 4 working days after we have received the goods. In addition to our returns policy, you have the right to cancel your order within 14 working days from the date of receipt of the goods if you send us a notice of cancellation in writing and return the goods to us in their original, unopened and unused condition. Where goods are delivered to a third party you may also exercise this right if you are able to return the goods to us in their original, unopened and unused condition. Your statutory rights are not affected. Once your refund has been processed, it can take your card provider 3 to 5 working days to credit your account.