Terms Content~These are the terms and conditions of South Molton Drugstore Ltd and are governed by English Law. "We" or "us" refers to South Molton Drugstore Ltd Company Registration 324496, VAT registration 23915157.
We reserve the right to change these terms and conditions (and associated Privacy Policy) at any time. Any such changes shall take effect when posted on this website and it is your responsibility to read the terms and conditions (and associated Privacy Policy) each time you access this website. Your continued use of this website (including placing an order) shall signify your acceptance to be bound by the latest terms and conditions (and associated Privacy Policy).
Payment must be received before goods are shipped. Online payment is accepted in £ Sterling. Cheque payment accepted in £ Sterling only, cash is not accepted. Local taxes/currency fluctuations to be borne by the customer. Prices include VAT.
Products are genuine and brand names are trade marks of their respective companies. Samples/testers are not supplied.
Products are in good condition but some may be unboxed, be slight seconds, have marked outer casing/boxes or be marked that they are not for individual sale. Items, therefore, should not be returned purely on these grounds due to this information being available prior to sale.
Colour Charts featured on the site are for guidance only. Please view Colours.
Availability of products is not guaranteed. You will only be charged for goods in stock, and a member of our team will contact you should an item ordered be out of stock.
Customers - To place any order you must personally be over 18 years of age and capable of either entering into a legally-binding contract in your own right or binding any other person or legal entity on whose behalf you are acting. If you are acting on the behalf of someone else, you confirm that they are over 18 years of age in the case of a person. If you are acting on behalf of any other legal entity, you confirm that you are duly authorised to bind them by contract. We reserve the right to demand proof of identity and/or authority at any time.
Order Processing/Confirmation - Your order will only be processed if acceptance of these terms and conditions is indicated by ticking our acceptance box prior to sale. You are therefore deemed to have accepted them and abide by them. Orders placed by post will be deemed to have accepted our terms and conditions also.
Placing an order represents an offer to purchase the products indicated by you and is not binding on us until the order is accepted and dispatched by us. If a product is shown on the website is unavailable, incorrectly priced or incorrectly described, we shall not be obliged to sell you that product. We shall not be obliged to complete your order if we cannot verify your payment card details.
We will acknowledge we have received your order by sending an automatically generated email. You will also receive an email receipt for your payment from Barclays Bank which you should retain for your information.
Security - Orders submitted on-line are sent to us via SSL (secure socket layer) to ensure security. Transactions are made via Barclays Bank who have their own terms and conditions. In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when accessing or ordering from our website.
Fraud Prevention - Online orders placed by new customers will only be despatched to the address where the payment card is registered. Orders requesting delivery elsewhere will not be processed. Transactions are screened to check that cardholder details are correct and match with card issuer records and if incorrect the order will be declined. Please view Security Measures.
Occasionally, transactions may require further security checks. We will email you for the information required. A response is required within 5 days to prevent cancellation of order.
Despatch - Delivery charges are applicable and are clearly marked at the checkout.
Orders are normally processed within 7 working days from receipt. Please allow 4 working days from despatch for delivery (21 working days for Southern Ireland). In the event of non-delivery we cannot replace/refund goods at any time (eg Christmas) until the 4/21 working day period has passed and the parcel deemed lost by the carrier. They will then contact you independently to confirm non-delivery. To ensure a guaranteed service our Priority Service should be used (UK mainland customers only). We make every effort to deliver goods within published timescales but delays can occur that are beyond our control and we cannot be liable for any loss caused by late delivery.
Orders received after 12pm will be processed the next working day.
Delivery - Orders require a signature on receipt and are sent by Royal Mail, Parcelforce or courier - delivery times cannot be specified. Please ensure that your order is being sent to a secure place. On delivery, responsibility passes to the customer.
Returns - Distance Buying Regulations provide a cooling off period and an unconditional right to cancel during that period. The cooling off period begins as soon as the order has been made and ends 7 working days after the day of receipt of the goods. (You should be aware that once we begin to process your order you may not cancel any contract you have for services carried out by us eg Priority Service, Postage and Packing etc).The regulations require the customer to contact us in writing to notify of the intent to cancel the order. Cancellations cannot be accepted if we have not been notified in writing before this period has lapsed. Email is an acceptable way to notify us and we will confirm receipt. If an order is cancelled within this cooling off period but has already been despatched, you must return the goods to us. The regulations impose a responsibility on the customer to take reasonable care of any goods that have been supplied. This obligation applies before and after written notice of cancellation/return has been given. The items should be suitably packed for return and sent by trackable means and you are responsible for all costs to return goods to us. If we receive goods for refund that have been opened, used and not in original packaging (are not saleable as new) then we are entitled, by law, to seek recompense.
An individual item from your order may be returned up 14 days from receipt. Goods received after this time are not refunded. Where a multipack has been purchased, the entire unopened pack must be returned. Because of their very nature refunds are not made against mascara, tubed lipgloss or eyeliner products. Neither will a refund be made where items have been tested, damaged, unsealed (i.e. removed from original packaging or had wrapping, hygiene seals or tags removed). This applies to all items as we will deem the items used if this is the case. You should email us prior to returning goods and receive our authorisation. Goods received in a satisfactory condition will be refunded according to the original payment method normally within 7 working days but no longer than 30 days.
We reserve the right to refuse a refund if goods are received in an unsatisfactory condition and you will then be liable for all costs to have the goods sent back to you. If these costs are not met within 30 days then we shall dispose of the goods.
If a product exchange is required you should return goods for refund and then reorder.
Carriage charges cannot be refunded and if after returning goods, the remainder of your order value falls below our free delivery threshold then our standard carriage charge will be deducted from the final refund amount.
When returning goods please use a trackable service (eg Recorded/Special Delivery). We are not responsible for item/s being lost/damaged in transit affecting a refund/claim.
We cannot be held responsible for reactions or sensitivity caused by products purchased from us. Manufacturers instructions should always be followed before using any product. When purchasing products you should be sure they are suitable for your own particular use as refunds cannot be made if they prove not to be.
Undelivered Orders - Orders returned to us as undeliverable, uncollected or for any other reason will be refunded. This refund will be made back to your original payment card less our carriage charge even if the order has been sent free of charge. This is due to costs incurred to process and post your order that we are unable to absorb if delivery cannot be made as instructed. Alternatively, your order can resent but is subject to a redelivery charge. We regret that we cannot be responsible if you do not receive notification of a delivery attempt by Royal Mail - you will need to raise this issue directly with Royal Mail Customer Services.
Damage/Faults - Stringent stock and despatch controls are employed by us so that your order is quality checked prior to despatch. In the unlikely event that goods are received in a damaged or faulty condition you should report this by email within 2 working days of receipt. You will be asked to return the goods and in some cased the order packaging to make a claim. Claims cannot be processed until items have been returned even during seasonal busy periods where the goods may have been ordered as a gift. You may also be required to complete a declaration from our carrier confirming damage.
Offers and Clearance - Offer and Clearance items are due to their very nature not covered by our full refund policy unless faulty, except where this has been pointed out prior to sale. However, should regular priced products be returned for refund resulting in this minimum spend falling below the £5 level, you will be required to return all Offer and Clearance items also as their sale was conditional on this requirement. In this case ALL items must be returned in accordance with our normal returns policy.
Data Privacy is important and information is used in accordance with English data protection legislation. Cookies are used on our site to enable the shopping basket function only. Please view our Privacy Policy.
A valid and correct email address should be provided when you order so that you receive order acknowledgement and despatch information from us. We cannot be responsible if information is sent to an incorrect email address provided when you placed your order.
We complay with the obligations laid down by English data protection legislation to ensure that your personal information is kept secure and processed fairly and lawfully. We take all reasonable precautions to keep the details of your order and payment secure but, unless we are proven to be materially negligent in any way, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
We may send you emails from time to time but we shall never send an email asking for your security information or direct you to a web page that asks for this information. If you receive an email that appears to be from us that you suspect is fraudulent, do not click on any link contained in the email or provide any credit card or other details. Please then contact us about the email you have received.
We Reserve The Right without notice: To decline any order. We will refuse orders from customers who have refused to abide by our trading terms.
To change prices or to make changes to the website at any time and without notice.
To pass details of any attempt to defraud us to the Police.
Liability and Indemnity - Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence fraudulent misrepresentation or any other liability which may not be otherwise limited or excluded under applicable law.
Subject to the foregoing and any other provisions of this website, we shall use reasonable endeavours to ensure the accuracy of any information on this website but make no representation or warranty of any kind (express or implied) regarding the contents of this website or any server that makes it available or that it will be timely or error/virus/defect free. We shall not be responsible or liable to you for any loss of or damage to any content material or information uploaded downloaded or transmitted through this website or for any loss or damage suffered from action threatened or taken in reliance on any content material or information contained on this website. If we provide links to external third party websites or resources for information purposes, any access to them by you is at your sole discretion and is your responsibility. We do not review or endorse (by way of example only and not limitation) the contents/privacy policies/goods/materials/security of any such external third party websites or resources and we shall not be responsible for any damage loss or offence caused to you (or any one else) or alleged to be caused to you (or any one else) by or in connection with such external third party websites or resources.
Subject to the foregoing and except as expressly provided for in these terms and conditions, any indemnities warranties representations and the like (express or implied) are hereby excluded to the fullest extent permissible by law and we shall not (without prejudice to any other provisions of these terms and conditions and any other parts or pages of this website) be liable in contract tort or otherwise out of or in connection with any economic loss of whatever kind damage to goodwill or other reputation or any other losses suffered by any party arising out of any use of this website.
We have selected our products on the basis that they will be used for domestic use only. If you do intend to any product for business purposes, please ensure that any relevant business insurance is in place. Where any product is used for business use, we expressly exclude to the fullest possible extent allowed by law any warranties and representations as to fitness for any particular purpose. Our maximum liability to business users shall be limited to the replacement value of the relevant product (except in the case of death or personal injury caused by our negligence or in respect of fraud).Without prejudice to the foregoing, our aggregate liability for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product in question in respect of one incident or series of incidents attributable to the same cause and we shall not be liable for any other direct or indirect damage or losses suffered of any whatever nature.
Without prejudice to any other provisions of these terms and conditions, we shall be under no liability for any delay or failure to deliver any product or otherwise perform any obligation if such delay or failure is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
The contents of this section of the website do not affect (if applicable) your statutory rights as a consumer nor does it affect your statutory cancellation rights.
Intellectual Property - You acknowledge and agree that all copyright trademarks and intellectual property of whatever nature and description in all materials and/or content of this website remains vested in us or our licensors. You may only use such material and/or content as expressly permitted by us or our licensors in advance. You further acknowledge and agree that any material and/or content contained in this website is made available to you purely for personal reasons and non-commercial use and that any infringement of this (whether by you or any third party) is strictly prohibited.
Governing Law - These terms and conditions shall be governed and construed in accordance with English law and all parties shall submit to the exclusive jurisdiction of the English Courts. English is the only language offered for conclusion of the contract between you and us.
Queries and Complaints - If you have any queries and complaints, please use our ‘Contact us’ facility.
Miscellaneous - We reserve the right to assign transfer novate or sub contract the whole or part(s) of the benefit of our rights or obligations under these terms and conditions.
You may not assign or sub contract any of your rights and obligations under these terms and conditions or any related order(s) to any third party except without our prior written permission.
If any part or parts of these terms and conditions is held by any competent body or authority to be illegal invalid or unenforceable in any way the validity or enforceability of the other part or parts of these terms and conditions shall not be effected.
No delay or failure on our part in the exercise of any powers rights or remedies available to us under these terms and conditions will operate as a waiver of all or any of them nor will any single or partial exercise of such powers rights or remedies prevent any further exercise of the same. To be effective as regards us, any waiver on our part must be in writing and signed on behalf of us by a duly authorised representative.
These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999 and any successor legislation except that South Molton Drugstore Ltd (and any other group or associated company of South Molton Drugstore Ltd) and any permitted successor(s) or assignee(s) shall have the right to enforce any rights or benefits in favour of South Molton Drugstore Ltd under these terms and conditions together with the right to enforce and take the benefit of the rights or benefits or any limitation exclusion or limitation of liability in favour of South Molton Drugstore Ltd under these terms and conditions.
Entire Agreement - These terms and conditions (and associated Privacy Policy) supersede all prior representations agreements obligations and the like between you and us relating to the use of this website (including the ordering of any product) and set forth the entire agreement and understanding between you and us for the use of this website.~~~412~566~~