TERMS & CONDITIONS |
This Site is owned and operated by Golf Lab TV
Ltd. These terms and conditions include general terms and conditions
for use of this Site, terms and conditions relating to the Services
and terms and conditions relating to the sale and purchase of
Products on the Site. Please read these terms and conditions
carefully. Your use of the Site and Services and the purchase of any
Products on this Site will be subject to these terms and conditions.
Please note that when you order our I Luminess system, you agree as
part of the Makeup Club we will send you a monthly top-up of x 2 .25
of Luminess airbrush foundation of your selected shade of foundation
on the chargeable basis of £20 plus £3.95 every 30 days from the
date of your first order. You may uncheck this option at the point
of checkout or cancel at any time at your Makeup Club Account page
www.luminessair.co.uk/manage.asp
Important liability statement
1.
The information available on or through this Site,
and the Services supplied via or in connection with this Site do not
constitute medical advice. While every reasonable effort has been
made to ensure the quality and efficacy of the Products, they are
for cosmetic purposes only and have not been approved by any medical
or pharmaceutical licensing body. It is your responsibility to
determine that the Products are suitable for you and it is not our
responsibility to do so. If for any reason, your condition worsens
or you are concerned about the reaction of your skin to the
Products, you should seek advice from your doctor.
We try to make sure that all information contained
on the Site (and provided by us to you as part of any Services or
Products) is correct, but the information is of a general nature and
not intended to comprise of all the information relating to the
subject matters referred to by the Site and therefore, subject to
the paragraph below, we do not accept any liability for any error or
omission and exclude all liability for any action you may take or
loss or injury you may suffer (direct or indirect including loss of
pay, profit, opportunity or time, pain and suffering, any indirect,
consequential or special loss, however arising) as a result of
relying on any information on this Site.
We are not allowed to exclude or limit liability for death or
personal injury caused by our negligence, or for fraud, for
liability under Part 1 of the Consumer Protection Act 1987, or for
any other liability which may not by applicable law be excluded or
limited and we do not do so. Subject to that, our liability to you
in respect of Services in each year is limited to the amount of
charges for the Products payable by you to us in that year subject
to a minimum of £100.
2.
Use of this Site generally
2.1
You may use the Site for personal and lawful use and
in accordance with these terms and you are not allowed to copy or
use any material from the Site for any commercial purpose including
for selling any goods or services.
2.2
The intellectual property rights in all materials on the Site
and supplied as part of the Products or Services other than the
Testimonials ("Materials") are owned by Golf Lab TV Ltd or its third
party licensors. Except to the extent expressly set out in these
terms and conditions, you are not allowed to make any copies of any
part of any materials, or remove or change anything on the Site,
include or create links to or from the Site without our written
authority, or remove or change any copyright, trade mark or other
intellectual property right notices contained in any Materials or
copies or the Materials.
2.3
Should you submit a Before and After Story to us,
you agree to grant us an exclusive, irrevocable, perpetual licence
to use it worldwide on the Site and on any other Golf Lab Ltd group
company website which sells or markets the Products and in our
marketing materials and for any other business purposes.
2.4
You must not use the Site to post, upload or
otherwise transmit material which is obscene or pornographic,
threatening, menacing, racist, offensive, defamatory, infringing of
any intellectual property or otherwise unlawful, to harass, stalk,
threaten or otherwise violate the rights of others, to misrepresent
your identity or status, to hack into this Site or any other related
computer system, to make excessive traffic demands, deliver viruses
or forward chain letters or similar materials that may reasonably be
expected to inhibit other users from using and enjoying the Site or
any other web site or damage or destroy the reputation of Golf Lab
Ltd or any third party.
2.5
Golf Lab TV accepts no obligation to monitor the use of the
Site. However, Golf Lab Ltd reserves the right to disclose any
information as required by law and/or to remove, refuse to post or
to edit any information or materials; to block your access and to
take such other action as may be reasonably necessary to prevent any
breach of these terms and conditions or any breach of applicable law
or regulation. Golf Lab Ltd will also in its absolute discretion
fully co-operate with law enforcement and other relevant authorities
with respect to any investigation of suspected unlawful activity or
violation of network security.
2.6
Golf Lab Ltd may change the format and content of
the Site from time to time. You should refresh your browser each
time you visit the Site to ensure that you download the most up to
date version of the Site.
3.
Your Personal
Information
3.1
Use of
your personal information is governed by Guthy-Renker’s Privacy
Policy, which forms part of these terms and conditions. In the event
that Golf Lab Ltd undergoes reorganisation or is sold to a third
party, you agree that any personal information Golf Lab Ltd holds
about you may be transferred to that reorganised entity or third
party and used in accordance with the Privacy Policy.
4.
Liability
4.1
You are
referred to the important liability statement at the top of these
terms and conditions. Subject to that statement you agree that your
use of this Site and the Service is on an “as is” and “as available”
basis. On that basis, except as expressly set out in these terms,
Golf Lab Ltd does not enter into conditions, warranties or other
terms in relation to the Site or the Services or any guaranteed or
predicted result from using the Site, Services or Products.
4.2
The Site
includes links to external sites and co-branded pages. Golf Lab Ltd
has included links to these sites and co-branded pages to provide
you with access to information and services that you may find useful
or interesting. Golf Lab Ltd does not endorse the content of
external sites and is not responsible for the content of these sites
and pages or for anything provided by them.
4.3
Subject to
the important liability statement, Golf Lab Ltd is not liable for
failure to comply with these terms and conditions due to any event
beyond its reasonable control, including, without limitation, the
input of incorrect information by you.
4.4
The Site
or documents sent with a Product, or the packaging or labelling of a
Product may contain instructions for use, warnings,
contra-indications and other notices. You must read and follow these
notices carefully and ensure others who use the Products do so.
Subject to the important liability statement, we will not be legally
responsible to you if any of these are not observed.
5.
Password
5.1
As part of the Services offered via this Site, you may be issued
with an individual password which can be used to access the Makeup
Club areas of the Site and allowing you discounts. You will use the
password only for such access and not for any other purpose. You
must keep your password confidential at all times, and must not
disclose the password or permit anyone else to use your password.
Any breach of any of these terms by anyone to whom you disclose the
password will be treated as if the breach had been committed by you,
and will not relieve you of your obligations under these terms and
conditions.
5.2
In the event of any failure or error in the operation of a password,
you shall cease using the password, exit the Site immediately, and
notify Golf Lab Ltd of such failure or error. Also, you must cease
to use and delete the password from any of your records upon expiry
or termination of your Makeup Club membership for whatever reason.
5.3
Golf Lab Ltd reserves the right to change your password and user
name at any time in its sole discretion and you agree to notify Golf
Lab Ltd promptly of any changes to your registration details.
6.
Suspension and termination of
Service
6.1
Golf Lab Ltd may suspend the operation of the Site for repair or
maintenance work or in order to update or upgrade the contents or
functionality of the Site from time to time. Access to or use of the
Site or any Sites or pages linked to it will not necessarily be
uninterrupted or error free.
6.2
Golf Lab Ltd may terminate the Service and cease to send you
Products immediately in the event you breach any of these terms and
conditions or if you are late in or do not pay any sums due to Golf
Lab Ltd or any company in Golf Lab Ltd’s group.
7.
Eligibility to purchase
Products
7.1
Golf Lab Ltd does not sell Products to children under the age of 18
on this Site although it may sell Products suitable for children to
adults. If you are under 18, you may use the non-member parts of the
Site under adult supervision but you may not become a Makeup Club
member or purchase Products from the Site. By applying to be a
Makeup Club member or by ordering Products, you represent that you
are 18 years of age or older.
7.2
In order to purchase Products, you must submit a valid Visa,
Mastercard, Solo and Maestro cards. You warrant that the payment
card you submit is yours. All credit/debit card holders are subject
to validation checks and authorisation by the card issuer. Golf Lab
Ltd is not responsible in the event that your payment card provider
refuses to authorise payment.
You will be asked your personal details and it is
your responsibility to ensure they are correct. Please note that any
refund will only be processed to the original card used for payment.
We do not accept cheques.
8.
Ordering Products
8.1
IMPORTANT: When you
order your I Luminess, you agree that we may send you the Makeup
Club monthly top-up of your chosen shade of x 2 .25 bottles of
airbrush foundation every 30 days from the date of your first order
and that we may debit the credit card you submit for your first
order for the discounted price of £20 plus s&h on each subsequent
dispatch of Products. We will send you a confirmatory email with
each dispatch of Products. Unless you notify us that you want to
cancel these automatic repeat orders you will continue to be sent
the same Products and your credit or debit card will be charged the
price and relevant sales tax and postal charges every 30 days. Once
you have purchased your first Products, the price for such Products
will change if:
(a) you change your address and the applicable sales tax or postage
changes accordingly; or
(b) our
prices advertised on the Site increase in which case, we will notify
you the new price and the first of your Products to be affected will
be the first batch of Products sent after the price change. Price
changes will not affect your cancellation rights.
8.2
You may cancel future automatic purchases at
any time at your Club Account page or by calling our 24/7 customer
service line at 0845 4349988. On receipt of your email, we will make
every reasonable effort to cancel your automatic purchases before
any further Products are dispatched to you. If, however, your
cancellation is not processed by us in time to prevent a further
dispatch of Products to you, you can cancel such Products when you
receive them. Your cancellation rights in relation to dispatched
Products are set out in our cancellation section.
8.3 It is your
responsibility to inform us of any change of address or other
relevant details such as payment card details.
9.
Contact Formation
9.1 You may submit orders
on this Site for Products but no contract will exist in relation to
the Products until we have confirmed to you by email the particulars
of your initial order, the value of your initial order and the
initial Products you have purchased. Acceptance will be deemed
complete and will be deemed for all purposes to have been
effectively communicated to you when you are able to access the
confirmatory email. This will be without prejudice to your right to
cancel as outlined in these terms and conditions and to your
statutory rights as a consumer. Golf Lab Ltd reserves the right to
refuse orders for Products.
10.
Money Back Guarantee
10.1
Golf Lab TV offers a 30-day money back guarantee on
our I-Luminess Makeup TV Offer only, if
you should change your mind. This is calculated from the day that
you receive your order. The following conditions will apply:
10.2.
If the item is damaged or lost after being in
your care, your right to a money back guarantee is waived.
10.3 The item is to be returned at
your own expense, undamaged and in its original packaging within 30
days of having received it. Original postage and packaging charges
will not be refunded.
10.4 Please note all returns must be
received within the specified money back guarantee period. Any items received after 30 days will
not be refunded and the items will
be returned back to you.
*
Please be advised that the following product line is included within
the Money Back Guarantee terms and conditions; I Luminess
11.
Returns
11.1 For defective or incorrectly
delivered items, please contact Customer Services by completing the
following online return form. Complete this
form
as soon as the problem is detected, or at least within 7 days of
having received your delivery.
When an item is returned to us, we will check it as per the above.
If these conditions have been met, the item will be replaced or a
refund will be made for the purchase price, excluding postage and
packaging charges.
When returning a product please use the original shipping box and
packaging materials ensuring that your product is wrapped securely.
Make sure you include your name and address and the order number so
we can identify the parcel on receipt.
Please return to:
TV WORX GROUP
Fairway PSD Limited
Unit 3 Langley Business Centre
Station Road Langley
Berkshire
SL3 8DS
It
is advisable that you return your product via registered or recorded
postal service as we cannot accept any responsibility for items that
are lost in transit.
Your refund will only be credited to the credit/debit card that you
used when making the purchase. If this is not possible refunds will
be made by cheque. Please allow 7 working days for refunds to be
processed.
Please note that refunds for returning products bought as gifts can
only be given to the purchaser.
For
defective or incorrectly delivered items, please contact Customer
Services by completing the following For defective or incorrectly
delivered items, please contact Customer Services by completing the
following online return form
12.
CUSTOMER SERVICES
We are highly committed to total customer care and abide by the
principles of The Consumer Protection (Distance Selling) Regulations
2000. Should you have any enquiries regarding your order please
contact Luminess Air Customer Service team on
info@luminessair.co.uk, we will endeavour to reply to your query as
soon as possible
13.
STATUTORY RIGHTS
To obtain a refund you are obliged to return goods in the condition
they were received. Please note that any refunds will only be
processes to the original card used for payment. However, for the
avoidance of doubt, this does not apply to products that are deemed
not to have met the required standard, under law. In these cases,
such products will be considered defective and the purchase price
plus postage and handling costs will be refunded in full.
14.
LIABILITY
If you have notified us of a problem with a product we will remedy
the problem either by way or replacement or refund. This does not
affect your statutory rights.
15.
DELIVERY
We aim to deliver our orders within 14 days of them being accepted.
Products that are despatched by our nominated carrier will require a
valid signature as proof or delivery. Delivery dates are not
guaranteed, and do not include weekend or bank holidays. Express
delivery means 3-4 working days, again this does not include
Saturday, Sunday or bank holidays.
15.1
FAILED
DELIVERY
If delivery by our courier is attempted and not been
made because there is no one to accept delivery, we reserve the
right to charge for the re-delivery fee.
This applies to UK & Overseas orders.
15.2
FAILED
DELIVERY CHARGES
If the delivery address refuse delivery of the
goods or if you do not respond to the "sorry we missed you" card
left by your driver, your order will be returned to the warehouse we
will then wait for you to contact us before we refund you your money
minus the return postage cost.
Please note our courier returns charges are £29.25
16.
AVAILABILITY
All orders are subject to availability. If goes are out of stock,
you may be offered a substitute product.
17.
VAT
All prices stated include VAT at the appropriate rate.
18.
SAFETY ADVICE
For your own safety, we recommend you carefully read all
safety/instructional information provided with the product. Please
view instructional videos/DVD where supplied. Please inspect
electrical products for any signs of damage and notify the Customer
Service team if necessary.
19.
ERRORS
Every effort has been made to ensure that the information is correct
at the time of printing.
20.
MAKE UP CLUB TERMS
The
makeup club has its own terms and conditions page.
21.
Data Protection Act 1998
Golf Lab TV Ltd is registered as a data under the above Act.
Information supplied by you will be used for administering your
account details, and for promoting goods and services to you.
We may disclose your information to a carefully selected third party
service provider. We may also send you information about goods and
services from other companies. If you do not wish to receive
marketing offers by mail, telephone or any other means please
contact us in writing at the following address; Golf Lab TV Ltd,
Reebok Sports Club London, 16-19 Canda Square, Canary Wharf, London
E14 5ER
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