Smartshave Limited | smartshave.co.uk
Last updated: 24 October 2019
1. About us and these terms
1.1 This website, smartshave.co.uk (the “Website”), is operated by Smartshave Limited (“we”, “us”, “our”), a company registered in England and Wales under company number 12184698, with its registered office at 4th Floor, 14 Museum Place, City Centre, Cardiff, CF10 3BH. You can contact us at contactus@smartshave.co.uk.
1.2 These terms and conditions (“Terms”) apply to your use of the Website and to any order you place with us for products (“Products”). Please read them carefully before ordering. By placing an order or using the Website, you agree to be bound by these Terms.
1.3 In these Terms, “you” means the person using the Website or placing an order. If you are a consumer (an individual buying for purposes mostly outside your trade, business, craft or profession), you have legal rights that these Terms do not affect.
1.4 You must be at least 18 years old and resident in the United Kingdom or in another country we deliver to to place an order.
2. Using the Website
2.1 You may use the Website for lawful purposes only. You must not misuse it, including by introducing viruses or harmful code, attempting to gain unauthorised access to our systems, or using automated tools to scrape or copy content without our permission.
2.2 We try to keep the Website available and error-free, but we do not guarantee uninterrupted access. We may suspend, withdraw or change any part of the Website at any time, for example for maintenance.
2.3 If you create an account, you must give accurate information and keep your login details confidential. You are responsible for activity under your account. Tell us promptly if you suspect it has been misused.
3. Our Products
3.1 Product descriptions, images and specifications on the Website are as accurate as we can make them. Images are illustrative, and colours may vary slightly depending on your screen.
3.2 Our Products are intended for personal grooming. Some Products, such as razors and blades, have sharp edges and must be used and stored carefully, kept out of reach of children and used in accordance with the instructions supplied. If you have sensitive skin or a skin condition, check the ingredients of any product and, if in doubt, seek advice from a medical professional before use.
3.3 All Products are subject to availability. If a Product is unavailable after you order, we will tell you promptly and refund any payment you have made for it.
4. Prices and payment
4.1 Prices are shown in pounds sterling (GBP) and include VAT where applicable. Delivery charges, if any, are shown at checkout before you confirm your order.
4.2 We may change prices at any time, but changes will not affect an order you have already received confirmation for.
4.3 We take reasonable care to price Products correctly. If we discover a pricing error, we will tell you as soon as we can and give you the choice of confirming your order at the correct price or cancelling it for a full refund. We are not obliged to supply a Product at an incorrect, obviously mistaken price.
4.4 Payment is taken when you place your order using the payment methods shown at checkout. Payments are processed by our third-party payment providers. We may carry out checks to prevent fraud and may cancel or refuse an order if we reasonably suspect fraud.
5. How your order is made
5.1 When you place an order, you will receive an email acknowledging it. This is not acceptance of your order.
5.2 Your order is accepted, and a contract is formed between you and us, when we send you an email confirming that your Products have been dispatched. If we cannot accept your order, we will tell you and will not charge you (or will refund you).
5.3 Please check your order carefully before submitting it and tell us straight away if there is a mistake. You can correct input errors before you confirm payment.
6. Delivery
6.1 We deliver to the addresses and by the methods shown at checkout. We deliver to the United Kingdom and to the other countries listed at checkout. If you order for delivery outside the UK, you are responsible for any customs duties, import taxes or charges that apply in the destination country.
6.2 Estimated delivery times are shown at checkout and in our order confirmation. Unless we agree otherwise, we will deliver your order within 30 days of the date we accept it. If we are delayed, we will contact you.
6.3 Risk of loss or damage to the Products passes to you when they are delivered to you or to a person you have nominated to receive them. Ownership passes to you when we receive full payment, including delivery charges.
6.4 If no one is available to receive your delivery, the courier will leave a notice explaining how to rearrange delivery or collect your order. If your order cannot be delivered because you have given an incorrect address or are repeatedly unavailable, we may charge reasonable redelivery costs.
6.5 Please check your parcel on arrival and tell us within a reasonable time if anything is missing or damaged.
7. Your right to cancel and return Products
7.1 Cancellation right. If you are a consumer buying online, you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your order and return the Products without giving a reason within 14 days. The 14 days start on the day after the day you (or someone you nominate) receive the Products. If your order is delivered in several parts, the period starts after the last part is delivered.
7.2 How to cancel. To cancel, tell us clearly by email at contactus@smartshave.co.uk or by post at 4th Floor, 14 Museum Place, City Centre, Cardiff, CF10 3BH, giving your name, order number and details of the Products. You may use the model cancellation form below, but you do not have to.
7.3 Returning Products. You must send the Products back to us without delay and in any event within 14 days of telling us you wish to cancel, at your own cost unless we agree otherwise. Please take reasonable care of the Products while they are with you and return them in their original packaging where possible.
7.4 Exceptions. For reasons of hygiene and health protection, you cannot cancel and return sealed Products (such as razor blades, shaving products or personal-care items) once the seal has been broken after delivery. Your cancellation right also does not apply to personalised or made-to-order Products, or to any other Products excluded by law.
7.5 Condition and refunds. You are responsible for any loss in value of the Products caused by handling beyond what is necessary to inspect them. We will refund the price you paid for the Products, and the standard delivery charge you paid, within 14 days of receiving the Products back (or of receiving evidence that you have sent them back, whichever is earlier). If you chose a more expensive delivery method than our standard option, we will not refund the extra cost. Refunds are made using the same payment method you used for the order, at no extra charge to you.
Model cancellation form (complete and return only if you wish to cancel): To Smartshave Limited, 4th Floor, 14 Museum Place, City Centre, Cardiff, CF10 3BH, contactus@smartshave.co.uk.
8. Faulty, damaged or misdescribed Products
8.1 We are required to supply Products that are of satisfactory quality, fit for purpose, as described and match any sample or model you were shown, as set out in the Consumer Rights Act 2015.
8.2 If a Product is faulty or not as described, please contact us at contactus@smartshave.co.uk with your order number and, where helpful, photos of the problem.
8.3 Your legal remedies depend on when the fault is found:
- Within 30 days of delivery, you have the right to reject the Product and receive a full refund.
- After 30 days, and within 6 months, you can ask us to repair or replace the Product. If that is not possible or we fail to do so within a reasonable time, you may be entitled to a price reduction or a final right to reject the Product for a refund (which may be reduced to reflect your use of it).
- After 6 months, you may need to show that the fault was present when the Product was delivered.
8.4 We will refund you within 14 days of agreeing that you are entitled to a refund. If you return a faulty Product we will refund the reasonable cost of return.
8.5 Nothing in these Terms affects your statutory rights as a consumer. Normal wear and tear, misuse and damage caused by not following the instructions are not faults.
9. Discount codes and promotions
9.1 Discount codes and promotions are subject to the conditions stated at the time they are offered. Unless stated otherwise, codes cannot be combined, are not redeemable for cash and may be withdrawn at any time.
9.2 We may cancel an order or withdraw a discount if we reasonably believe it was obtained through misuse of a promotion.
10. Intellectual property
10.1 All content on the Website, including text, images, logos, product names, designs and the Smartshave name, is owned by or licensed to us and is protected by copyright, trade mark and other intellectual property laws.
10.2 You may view and print pages for your own personal, non-commercial use. You must not copy, reproduce, distribute, modify or exploit any content without our written permission.
11. Reviews and user content
11.1 If you submit a review, comment or other content, you confirm it is truthful, lawful and does not infringe anyone’s rights. You give us a free, non-exclusive, worldwide licence to use, display and reproduce it on the Website and in our marketing.
11.2 We may remove any content that we reasonably consider offensive, unlawful, misleading or in breach of these Terms.
12. Our liability
12.1 We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your legal rights as a consumer, or for anything else that cannot lawfully be excluded or limited.
12.2 Subject to clause 12.1, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence. Loss is foreseeable if it was an obvious consequence of the breach or was contemplated by you and us when the contract was made.
12.3 We are not responsible for losses that were not foreseeable, and we only supply Products for domestic and private use. We have no liability for any business losses, including loss of profit, revenue, business or opportunity.
12.4 We are not liable for any delay or failure to perform our obligations caused by events outside our reasonable control, such as strikes, severe weather, failures of utilities or transport networks, or the acts of third parties. We will tell you as soon as we reasonably can and take steps to reduce the effect.
12.5 The Website may contain links to third-party websites. We do not control and are not responsible for their content or services.
13. Privacy and cookies
We collect and use your personal data in accordance with our Privacy Policy, which forms part of these Terms. Information about cookies is available in our Cookie Policy.
14. Changes to these Terms
We may update these Terms from time to time, for example to reflect changes in the law or our business. The Terms that apply to your order are those in force on the date you place it. Changes to the Website Terms will apply to your use of the Website from the date they are posted.
15. General
15.1 Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us about your order and use of the Website.
15.2 Transfer. We may transfer our rights and obligations under these Terms to another organisation, and will tell you if we do. You may only transfer your rights to someone else with our written agreement.
15.3 Third parties. No other person has any rights to enforce these Terms, except as provided by law.
15.4 Severability. If any part of these Terms is found to be unlawful or unenforceable, the rest will continue to apply.
15.5 No waiver. If we do not enforce a right straight away, that does not mean we have given it up.
15.6 Notices. We may contact you by email or post at the details you provided. You may contact us at the details in clause 1.1.
16. Complaints and dispute resolution
16.1 If you have a complaint, please contact us at contactus@smartshave.co.uk and we will do our best to resolve it promptly.
16.2 If we cannot resolve the dispute between us, you may be able to use an alternative dispute resolution (ADR) provider. Information about ADR is available from Citizens Advice at citizensadvice.org.uk.
17. Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or your use of the Website, are governed by the law of England and Wales. If you are a consumer, you may bring proceedings in the courts of the part of the UK where you live (England, Wales, Scotland or Northern Ireland), and you may also rely on the mandatory consumer protection laws of that part of the UK. The courts of England and Wales have non-exclusive jurisdiction over any other disputes.
18. Contact us
Smartshave Limited 4th Floor, 14 Museum Place, City Centre, Cardiff, CF10 3BH Email: contactus@smartshave.co.uk Website: smartshave.co.uk