Terms of Use

EFFECTIVE: April 10, 2019

Welcome to SkinDivision and our Terms of Use (the “Agreement”). This Agreement is important and contains terms and conditions that affect your legal rights, so please read it carefully. The following terms and conditions apply to all transactions on www.skindivision.eu (hereinafter called the “Website”) including telephone sales and the use of the Website itself. By using this Website and shopping with SkinDivision, You, as the visitor to the Website or a SkinDivision customer, accept and agree to be bound by the terms and conditions stated below. If it appears that you are a trade customer, we will contact you to set up a business account and in such circumstances different terms and conditions shall apply.
SkinDivision is the trading name of T.B.G. MAGYARORSZAG KFT. (“SkinDivision”) with registered office at 1 Szent Istvan street, 2120 Dunakeszi, Hungary and VAT Registration No. HU13151821.
All correspondence, except sales and orders, should be addressed to the company’s head office address:
T.B.G. Magyarorszag Kft. – SkinDivision (1 Szent Istvan street, 2120 Dunakeszi, Hungary)
In these terms and conditions the terms “we”, “us” and “our” refer to SkinDivision and “you” and “your” refer to any visitor to the Website or any SkinDivision customer.
“Goods” are those items which are displayed for sale on the Website.

Availability

We will use our best efforts to keep the Website as up-to-date as possible. However, as the Goods are produced in small batches to ensure optimum quality, we cannot guarantee the availability of Goods as they appear on the Website. Additionally, some products shown on the Website may not be available to purchase through retail stores at which SkinDivision products are sold, and vice-versa.

1. Complaints & Queries

Should you ever have the need to make a complaint, we will endeavor to respond as soon as possible. Please contact our Customer Service Team by email at info@skindivision.eu, or by phone on 0036706105404. Subject to our privacy policy, in relation to any unsolicited information that you send us, either thoughts, queries, suggestions or ideas regarding our products or suggested products by you, you hereby grant SkinDivision a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology, either alone or as part of other works.

2. Content

The Website is owned and operated by SkinDivision. The design and content featured on the Website, including images, artwork, graphics, photography and text are copyrights and trademarks, and controlled or licensed by SkinDivision. The site is protected by copyright and all worldwide rights, titles and interests are reserved.
We have taken great care in creating this Website and to the best of our knowledge have ensured that all the details, descriptions and pricing on all Goods are accurate. However, there may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors or inaccuracies. We do not take any responsibility for inaccurate information and reserve the right to amend errors or to update product information at any time without prior notice. We have also tried our best to display the Goods as accurately as possible on the Website. However, we cannot guarantee that your monitor’s display will accurately reflect either the colour or the size of the Goods.

3. Shipping & Returns

Please refer to the separate Shipping & Returns section on the website. We would ask you to inspect the Goods upon delivery to check that your order is complete. Should there be any problem with your delivery, please notify us as soon as practicable and in any event within 48 hours of receipt of the Goods.

4. Entire Agreement

You acknowledge and agree that these Terms of Use, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website.

5. Indemnity

By agreeing to these Terms of Use, you agree to indemnify and hold harmless SkinDivision, its directors, offices and employees from any, and all, third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the www.skindivision.eu service, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

6. Intellectual Property Rights

The rights in the designs and the content of this Website are owned by SkinDivision. They are protected by copyright and other intellectual property rights. You may not copy, reproduce, modify, distribute or display any part of this site without Our prior written consent.
SkinDivision is the owner of all trademarks in “SkinDivision”. All trademarks, product names, company names or logos featured on the Website are the property of SkinDivision.

7. Links

The links we have provided within the website are for interest only. We are not responsible for the content or accuracy of the information provided on these websites.

8. Lost or Damaged Goods

Please refer to the separate Shipping & Returns section on the website.

9. Ownership of Goods

We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

10. Offers & Promotions

All offers and promotions on www.skindivision.eu are exclusive, unless otherwise stated, and cannot be used in conjunction with any other offer or promotion. Offers cannot be extended beyond their expiry date as stated.

11. Payment Details & Security

All payments to SkinDivision are handled securely. Payment will be debited from your card immediately on you placing the order for the Goods you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.

12. Prices

All prices are shown on the Website in EUR sterling, inclusive of Hungarian VAT (Value Added Tax) currently at 27%. All payments may be made by any of the credit, debit or charge cards listed on the website on the day on which you place your order.
All transactions will be made in EUR sterling, and as the Buyer, You will be liable for any exchange rate charges made by your card provider.
All prices are as stated on the Website but SkinDivision reserves the right at any time to adjust prices without prior notice.
Overseas orders may be subject to local import duties and taxes for which You and not SkinDivision will be liable.

13. Product Guarantee

As the Goods are made in small batches due to their organic nature and to ensure premium quality, inconsistencies and minor variations will occur from batch to batch, which are expected by the Company. This is entirely normal. You, as the Buyer, shall accept minor variations and shall only be entitled to refuse the whole or part of the goods if the variations render the Goods totally unfit for the purpose for which they were sold.

14. Returns & Refunds

Returns should be made within 14 days after delivery of your shipment. The product should have to be in intact and unopened. The customer covers return shipping cost. We will usually refund your order within 5 days of receiving return goods in our warehouse but please note, that it might take longer for refund to apear in your account as transfers between payment systems might take a longer time. If returning an item that qualified you for a bonus gift, please include the bonus gift with your return. The gift product should be in intact and unopened. If you choose to keep the bonus gift, your account will be charged for its value.

Please send returned items, including your order confirmation, to:
ONLINE RETURNS
T.B.G. MAGYARORSZAG KFT. – SkinDivision
1 Szent Istvan street, 2120 Dunakeszi, Hungary

The Goods are your responsibility until they reach us. For your own protection, we recommend that you send the Goods using a delivery service that insures you for the value of the Goods.

15. Protecting your Privacy

We are committed to protecting your privacy and will not sell or pass on any details that you provide us with to any third parties if you have opted out. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to process your order, and secondly, to provide you with the best possible service we can. We may, however, be obliged to disclose certain details in the event we are required to by law.
We would like to keep you up-to-date with our latest products, promotional offers and news and if you give us your consent we will contact you either by email or post. Except for dealing with an order, we will not contact you in the future unless you have expressly given us your consent. We will also give you the chance to refuse any marketing material or other contact from us in the future.
Information that we will collect about you will include: your name, address, phone number, email address and what products you have purchased from us. We will use all reasonable endeavors to ensure that the information we hold about you is accurate and up-to-date. If you would like to alter or check your details, please contact our Customer Service Team by email at info@skindivision.eu, or by phone on 0036706105404.

16. Warranties

SkinDivision is unable to provide any warranties in relation to Goods over and above its statutory obligations to provide Goods of satisfactory quality in accordance with the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994. This does not affect your statutory rights as a consumer. No representation or warranty is given as to the suitability of the goods for any particular purpose and You shall satisfy yourself with this. Neither the Goods nor any information given in the Website are intended to, or claim to, diagnose, treat, alter, cure or prevent any skin disease or condition.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for any loss or damage, direct or consequential, arising from the use of any Goods; any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees.

17. Use of Site Generally

17.1 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.
17.2 The intellectual property rights in all materials on the Site and supplied as part of the Products or Services (“Materials”) are owned by SkinDivision 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.
17.3 Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that SkinDivision deems it necessary or desirable to do so for whatever reason.
17.4 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that SkinDivision may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.
17.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.
17.6 You acknowledge that you will not be able to edit or delete any Submission after submission.
17.7 Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at info@skindivision.eu. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.
17.8 You must not use the Website 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 SkinDivision or any third party.
17.9 SkinDivision accepts no obligation to monitor the use of the Website. However, SkinDivision 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. SkinDivision 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.
17.10 SkinDivision may change the format and content of the Website 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 Website.

18. Right to Alter Terms of Use

We reserve the right to alter these Terms & Conditions without notice from time to time.
Survival
If any of these Terms of Use is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

19. ‘Refer a Friend’ Program

SkinDivision’s ‘Refer a Friend’ program is available to all account holders. The account holder (also known as the ‘referee’) is free to refer as many friends (also known as the ‘referred’) as they would like and in return the referred and the referee will both receive a special offer once the referred has placed an order on www.skindivision.eu. The codes can be collected and used together. The program is intended to be used by fans of SkinDivision’s skincare & makeup line who would like to introduce a new customer in order to share their favourite products and accumulate a special discount. SkinDivision reserves the right to change the nature of the special offer. SkinDivision reserves the right to cancel or refuse any attempts of redemption of the special offer and discounts if abuse or fraudulent use has been detected.

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