Terms and Conditions
1. TITLE Title in Goods supplied by beyond-skin.com, shall pass to the buyer upon payment of the purchase price in full. We are BS Footwear Limited, Trading as Beyond Skin. You are the buyer detailed on the Order Forms. Our Agreement to supply the Goods is made on the date we deduct payment from your credit card the details of which you provided on the Order Form Our Agreement includes all correspondence from us to you and the descriptions of the Goods as provided by us on our Website or otherwise.
2. COLOUR AND STYLE REPRESENTATIONS We are under a legal duty to supply goods that are in conformity with the contract. Computer monitors, mobile and tablet screens vary in their reproduction of colour and though we strive for accuracy, all picture colours, products and swatches displayed should be regarded as approximations.
3. PRICES Prices are listed in Pounds Sterling (£GBP) for UK orders, USD$ for US and Canada and Euro for European orders. Orders are subject to acceptance by the company and to availability of goods and will be charged at the prices ruling at the time of order purchased. Delivery costs will be those as quoted at the time of placing the order unless subsequently agreed otherwise by the customer. Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs (which will be notified to you separately before you submit your order). The price of the Goods shall be the price quoted by us on our Website on the Order Summary Page, unless agreed otherwise by us in writing. We reserve the right to amend any typographical clerical error or omission to prices where reasonable to do so (see 12). The price is inclusive of any payable value added tax in the UK and postage and packaging detailed once delivery services have been chosen.
3.1 Promotional Code Usage We always seek to give our loyal customers the best product and the best prices and as such we are always working hard to offer a great range of promotions throughout the year. However to make sure we are able to continue to offer such a great range of promotions we hope you understand we have to be quite strict about how they are used!
3.1.1 Only one (1) promo code is permitted per order and the promotional code will typically be applied to the lowest value item first. In circumstances where multiple promo codes are valid on a single product, the largest discount will be applied
3.1.2 Promo codes are controlled based on a user's account, the Company therefore reserves the right to define the criteria for user's account at it's own discretion and will take into account all contact details provided by the customer in order to do so. Setting up multiple accounts in order to take advantage of promotions will be considered abuse and will result in such orders being cancelled.
3.1.3 Discount codes cannot be used in conjunction with any other promotions and is only applicable against products on the Beyond Skin website.
3.1.4 Beyond Skin reserves the right to remove the promotion at any time without prior notice.
4. DELIVERY If goods are in stock, it is our intention to deliver to you within the time frame stated at the point of purchase. If goods are out of stock then we will endeavour to deliver within 30 days or you have the right to cancel the order. Should you provide us with a Mobile telephone number, we may pass on this information on to our carrier in order for them to provide you with updates direct to your Mobile regarding your delivery status. By providing us with this information, you are authorising Beyond Skin to use this information for this purpose. You will be offered several choices for delivery at the point of purchase. Additional customs duties and fees are charged depending on the country.
5. MAKING YOUR ORDER You need to search our website for the Goods you desire to purchase using your internet browser and our navigation menu system. Once you have selected the appropriate product(s) and delivery service, complete the Order Form in full and follow the instructions detailed on the Website to complete your payment. When you complete your order on the site by clicking the 'Place Your Order' button, you acknowledge that the order implies an obligation to pay. Your order will be placed and your card or other selected payment method will be charged.
6. ORDER FULFILMENT You understand that we make every possible effort to update the website to accurately reflect our stock levels. However, in circumstances where you have ordered an item that is out of stock at the point of picking, your order will be automatically 'Backordered' (see 'Order Status'), while we order new stock or await supply. In these circumstances our Customer Services Team will be happy to present you with options. If your goods are out of stock and discontinued so that we are unable to source the goods, we will make every effort to offer you an alternative if possible. If these alternatives are not acceptable, you may cancel your order at any time. If your chosen products are in stock your Order will be processed as quickly as is reasonable to do so. We will deduct the price payable for your chosen products and delivery services from your nominated credit card or method of payment and your chosen products will be despatched to you forthwith. We aim to deliver in stock items to UK customers as promptly as possible in line with the delivery option chosen. Should UK Customers not receive their chosen products within 5 to 7 working days of us confirming their availability to you, please contact us to let us know. You will then be given the choice of: - Cancelling your order whereupon we will refund the Price you paid or; - Requesting that we despatch further products to you (subject to availability) on the basis that you return one set of the products you receive should you receive two sets or; - Waiting a further agreed time period after which if your chosen products have not been received the previous two options will be available to you.
8. CANCELLATION You have the right to cancel the purchase of an item or services without having to give a reason at any time within 14 calendar days, beginning, in the case of goods, on the day after you receive the goods, and in the case of services, beginning on the day after you purchase the services (This is the "Cancellation Period"). Please be aware that you will lose your right to cancel a contract for the provision of services during the cancellation period once we have commenced activation of the services or you use the services, whichever is the earlier. If you do wish to cancel the contract, you must do so in writing by email at this address: [email protected] or by calling our Customer Services Team on Cancellation Consequences If you are in possession of the goods, you are under the duty to retain them and take reasonable care of them. You must send the goods back to us in their original condition to our contact address at your own cost (unless we delivered the item to you in error or if the item is damaged or defective) within 14 days of notifying us. Once you have notified us that you wish to cancel the contract, any sum debited to us will be credited to your account as soon as possible and in any event within 14 days of your cancellation. We may reduce the amount we refund to you if you use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value. Where we collect an item from you we reserve the right to charge the direct costs of recovery from the payment card used for the original order.
9. RETURNS AND DISSATISFACTION Under the Consumer Contracts regulations, you have the Statutory Right to return the Goods to us if you are not satisfied with them, provided they are received in the same condition in which they were sent within 14 calendar days of your receipt of the Goods. We must receive the goods back to us using a signed for service in their original condition and at your own cost (unless we delivered the item to you in error) within 14 days of your receipt of the goods. Return of faulty or damaged goods should be made in accordance with the arrangements detailed in our Returns and Exchanges section of the Website; or as otherwise specified. If Beyond Skin have sent you items in error, according to your originally placed order, or if items are faulty or damaged, Beyond Skin will refund your return postal costs. In all other circumstances, Beyond Skin reserves the right to recoup postage costs made for exchanged or returned items. If you return the goods to us because you have cancelled your purchase within the 14 day cancellation period, we will process the refund due to you as soon as possible and in any case, within 14 days of the day you have given notice of your cancellation. In this case we will refund the price of the goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us; *If you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will: - Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or - Repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid by you for the goods in question. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Whilst you do not need to give us any reason for cancelling your contract and nor will you have to pay any penalty, it is essential that you return the goods to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the goods while they are in your possession. Please note that sample sales are non-refundable and are eligible for an exchange or credit note only.
9.1 While in your possession, you must take reasonable care of the Goods you intend to return to us. In particular: (a) you must not wear or use any Goods that you intend to return to us except to try them on to see if they fit; and (b) all Goods must be returned to us in the original packaging with all labels and barcodes attached and with any free or promotional items which originally accompanied them. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.2 Your right to cancel may not exist if it falls outside of these given time frames and provisions.
9.3 The provisions within clause 9 do not affect your other rights under law as a consumer.
9.4 A refund will not be authorised without full adherence to our terms and conditions. The customer will be responsible for any costs incurred with returning items if the return is received outside of the 28 day period.
10. COMPLAINTS It is our express intention to deal with you complaints confidentially, fairly and speedily. Please endeavour to let us know of any complaint within 7 working days if at all possible. If you have a complaint or any other query please advise us in the first instance by e-mail [email protected] or by calling our Customer Services Team on 01273778837. We will endeavour to advise you what to do to resolve the complaint and we will do that within 5 working days. We will keep you informed by telephone or e-mail as to what progress is being made in the resolution of the complaint.
11. BASIS OF SALE The terms of this, Our Agreement with You, shall govern our contract to the exclusion of any other terms and conditions. No variation to this Agreement shall be binding unless agreed in writing by us. Any typographical clerical or other error or omission in any sales literature price list acceptance of offer or other document or information issued by us is subject to amendment by us where reasonable in all of the circumstances to do so. You are responsible for ensuring the accuracy of your order and the details provided in your Order Form. The quantity and description of your chosen products shall be those set out in the Order Form unless we subsequently agree otherwise. We store the contract's content and will send you the details of your order as well as our general terms via e-mail. The general terms you can find at all times. The details about your recent orders you will find in your customer login.
12. RISK AND PROPERTY Risk of damage to or loss of your chosen products shall pass to you on delivery of them. Notwithstanding delivery and the passing of risk in your chosen products or any other provision of this Agreement property in your chosen products shall not pass to you until we receive cleared funds payment in full of the price of your chosen products.
13. WARRANTIES We warrant that you will be entitled to the benefit of any warranties or guarantee given by you the suppliers to us of your chosen products. This does not affect your statutory rights. You warrant that the information entered onto the Order Form is true. Where we sell to you under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by this Agreement.
14. FORCE MAJEURE We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control: - Act of God explosion flood tempest fire or accident; - War or threat of war sabotage insurrection civil disturbance or requisition; - Acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; - Import or export regulations or embargoes; - Strikes lockouts or other industrial actions or trade disputes (whether involving employees of us or of a third party); - Power failure or breakdown in machinery.
15. GENERAL If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby. The Contract shall be governed by the laws of the United Kingdom. If you submit an order for goods and/or services via this site by clicking 'I accept', your order is an offer to us to buy the goods and/or services on our website. We will acknowledge receipt of your order by sending you an email acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate email.
16. WHOLE AGREEMENT The terms and conditions set out in this Agreement represents the entire Agreement.
17. PROMOTIONS AND DISCOUNT CODES We reserve the right to exclude specific styles or products from our promotions. Notes: Promotional codes can only be used on full price lines and cannot be used on sale items (unless stated otherwise) and in conjunction with any other offers or student discount, including multi-buy bundle deals. Only one code usage per order will be accepted.
18. Please note: If you are purchasing from the EU, shipments from the UK to the EU incur custom charges (taxes and duties). Please be aware, you are wholly responsible for the payment of all taxes and duties on any purchase you make from us (these costs vary from country to country so please check locally). We are a small business, and unfortunately we are unable, under any circumstances, to refund such taxes/duties. Please also be aware, if an order is refused after being shipped, any taxes/duty costs incurred will be deducted from the payment of the original order and the remainder refunded as we are unable to incur these costs.