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Legal Responsibility, Returns and Cookie Policy

Website terms of use

Version number: [1]
Effective date: [10/09/2022]

Introduction

  1. This website is owned and operated by Apothekelly Skincare. Our company information is at the end of this document.
  2. Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. They are available in English only.
  3. These terms and conditions apply to use of our website. The sale of goods via our website is subject to separate terms and conditions.
  4. Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.


Changes to the terms and conditions

  1. We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown. 


Acceptable use policy
You undertake not to do any of the following in connection with our website:

  1. breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
  2. upload any information (including links or references to other content), or otherwise behave in a manner, which:
    1. is unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
    2. infringes any intellectual property or other rights of others;
    3. involves phishing or scamming or similar; or
    4. we otherwise reasonably consider to be inappropriate;
  3. upload any information which involves revealing someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent;
  4. impersonate any person or entity in order to mislead others;
  5. upload any content which links to any third party websites which are unlawful or contain inappropriate content;
  6. use the service to provide a similar service to third parties or otherwise with a view to competing with us or infringing our rights;
  7. use the service for junk mail, spam, pyramid or similar or fraudulent schemes;
  8. do anything which may have the effect of disrupting the service including denial of service attacks, worms, viruses, software bombs or mass mailings;
  9. do anything which may negatively affect other Users’ enjoyment of the service;
  10. gain unauthorised access to any part of the service or equipment used to provide the service;
  11. intercept or modify communications to or from the service;
  12. circumvent any security or other features of the service including features that restrict use or copying of content; or
  13. attempt, encourage or assist any of the above.


Content

  1. You acknowledge that any information published or sent on or via our service by other users is the sole responsibility of the person from whom such content originated and we are not responsible for it.
  2. We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.
  3. We reserve the right without notice or refund to suspend, alter, remove or delete content or to disclose to the relevant authorities or to a complainant any content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or if we are required to do so by law or appropriate authority.


Third-party websites / advertising / services

  1. We may link to third-party websites which may be of interest to you and/or include third-party advertising on our site and/or use third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.


Privacy

  1. You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.


Functioning of our website

  1. We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.


Your account

  1. If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
  2. We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein.


Restrictions on our legal responsibility – very important

  1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
  2. If you are a Consumer, we are not responsible for any loss or damage caused by us where:
    1. there is no breach of a legal duty owed to you by us or by any of our employees or agents;
    2. such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
    3. such loss or damage is caused by you, for example by not complying with this agreement; or
    4. such loss or damage relates to a business.
  3. If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
  4. The following clauses apply only if you are a business:
    1. In no event (including our own negligence) will we be liable for any:
    2. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
    3. loss of goodwill or reputation;
    4. special, indirect or consequential losses; or
    5. damage to or loss of data (even if we have been advised of the possibility of such losses).
  5. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
  6. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.


Intellectual property rights

  1. The intellectual property rights in all material used on or in connection with our website are owned by us or our suppliers, partners or other users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or altering it or taking extracts from it without our specific prior written consent.
  2. Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.
  3. If you publish any content on our site or provide us with any ideas or suggestions, you allow us at no cost, and perpetually, to use and adapt all or part of such material however we wish, both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails.


English law

  1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.


General

  1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.


Complaints

  1. If you have any complaints, please contact us via the contact details shown below.
  • Our company information
  • Company name: Apothekelly Skincare
  • Trading name: 'Apothekelly Skincare'
  • Country of incorporation: England and Wales.
  • Main trading address: 17 The Twinnings, Stowmarket, Suffolk, IP14 2QF
  • Contact email address: kelly@apothekellyskincare.com
  • Other contact information: See our website.

Privacy and cookies policy

Version number: [1.0]
Effective date: [10/09/2022]


Who are we?
We are Apothekelly Skincare For privacy queries, you can contact us at kelly@apothekellyskincare.com Other contact details are on our website.

What’s the point of this policy?
It tells you what to expect when we collect your personal information via our website. Please only use our service if you are completely happy with this policy.

Generally, the policy covers only information provided to us. If you give personal information to other people, such as payment providers or other websites, please check their privacy policies.

Might the policy change?
Yes. Please check it whenever you visit our website. We will assume you agree to the new version of the policy if you use the site after its effective date. We may also notify you of any changes by email.

What do we collect?
Information which you upload to our service or otherwise give us such as:
your name and contact details;
details about your transactions on our service;
information included in your photos or reviews which you provide for display on our service or which you include in messages sent via our service and/or communications with us; and
contact or other information which you give or allow us to use for newsletters or other marketing.

Automated information about your use of our service such as: the internet protocol (IP) address used to connect your device to the internet, connection information such as browser type and version, information about your device including device-type and device identifier, operating system and platform, mobile network data, a unique reference number linked to the data you enter on our system, login details, the site from which you arrived at our service, details of your activity with date / time stamps including pages you visited and your searches / transactions.

The following information about you may be provided to us by other people:
Limited billing information sent to us by our payment provider for verification purposes e.g., your name, email address and billing / delivery addresses.

What’s our reason / legal basis for collecting the information?
Because it’s necessary to take steps at your request to enter into a contract with you and/or to perform such a contract, e.g., send service messages, process payments and fulfil orders. This applies to initial enquiries and to contact and transaction details.

Because it’s in our “legitimate interests”, e.g., to manage and improve our service including tracking usage patterns and preventing or detecting fraud or abuse. This applies to automated usage data as well as to reviews and photos which you display on our service.

Because you’ve specifically agreed on our service (e.g, by ticking a consent box). This applies to contact or other information which you give or allow us to use for newsletters or other marketing. You can withdraw permission at any time as explained on our service or by emailing us at the above email address.

How long do we keep personal information?
Until your account is closed or our contract with you has otherwise ended. You can close your account by [emailing us at the above email address].

We may hold on to some of your information for longer (typically up to six years) if reasonably needed for legal, regulatory or tax reasons, deal with disputes, prevent fraud or abuse and/or enforce our terms and conditions.

We will keep your information which we use only for newsletters or other marketing until you tell us to stop sending you such messages.

To whom do we send or make available your personal information?
To other people who supply us with a service, e.g. delivery / warehouse companies, website hosts, payment providers, and businesses which help us send communications or monitor our website and which provide us with e-commerce, online advertising, analytics and other IT services.

To other users of our service, if you display personal information in a review or a photo which you post on our website. You can ask us to remove displayed information by emailing us at the above email address.

To regulators, the police and other law enforcement authorities to help deal with fraud and abuse and/or comply with legal requirements.

To insurers and professional advisers in connection with our insurance cover or to deal with legal claims.

To potential buyers so far as reasonably necessary, in the case of an actual or proposed (including negotiations for a) sale or merger or business combination involving all or the relevant part of our business.

Do we send your information outside the UK?
Your personal information which we collect is stored within the UK and is not transferred to any third countries except as follows.

Your personal information may be transferred to the US by the following companies certified under the EU-US Privacy Shield Framework, which provides certain safeguards for your personal information: Google (analytics / advertising), Facebook (analytics / advertising) and the social media companies listed below.

If you are located outside the EU, we may need to send your contact information to couriers or warehouse companies outside the EU in order to enable us to perform the contract with you.

What rights do you have?
If the legal requirements are met: To ask us for access to your personal information, to rectify it if there are mistakes, to delete or restrict its use in certain circumstances or to “data portability” or to withdraw any consent you’ve given (e.g. marketing).

You may also have the right to object to use of your personal information in certain circumstances.

If you have a complaint about how we are dealing with your personal information, please contact us via the email address above. If you are not happy with our response or think we are not handling your personal information in accordance with the law, you have the right to complain to the Information Commissioner’s Office (ICO).

For more information about your rights, visit the ICO’s website: www.ico.org.uk.

What about cookies?
We and/or other companies use cookies and other tracking technologies on our website. A cookie is an identifier (a small file of letters and numbers) that is sent to your web browser. Cookies are widely used to make websites work, or work more efficiently, as well as to provide information to the website owner or others. Some are session temporary “session” cookies that remain in the cookie file of your browser only until your browser is closed. Whereas persistent cookies stay for longer (depending on the lifetime of the specific cookie). For further information on cookies, including how to use your browser to block them and how to delete existing cookies, visit: www.allaboutcookies.org. Our site’s functionality will be limited if you configure your browser to reject cookies.

We ourselves place the following types of cookies:

Types of cookies Purpose
Logged-in status Assess whether you are logged in to our site
“Remember me” Remember you and speed up your login when you return to our site
Authentication Identify and authenticate you to help you move easily through the site 
Preferences Store information about the preferences you’ve selected (eg favourites, currency, wishlists) and personalise the site
Shopping cart Remember contents of your cart and related preferences
Security  Provide security-related features to protect our site, for example to help stop fraudulent logins
Cookie notice Store your response to our cookie notice


Companies which provide us with a service also place cookies. Some of these cookies (e.g. from Google) may involve certain information, such as your IP address and web address of the page you’re visiting, being sent to the company concerned. Below is a summary of the kinds of cookies used together with details about who places them and where you can go to get more information and to opt out (where possible):

  • Analytics cookies: These kinds of cookies recognise and count the number of website visitors as well as providing other information about the visit such as duration, route through the website and where the visitor came from. This information helps us to improve the way our website works, for example by making sure users find what they need easily. These cookies are provided by:

 

    • Google Analytics (“GA”). More:
      • general information about the types of cookies placed by Google including analytics
      • a technical explanation of GA cookies
      • Google’s use of its partners’ data including how to control information collected by Google
      • how to specifically opt out from GA cookies
      • Google’s privacy policy

 

  • Advertising cookies: These kinds of cookies are typically used to personalise ads on this or other sites based on your use of our site, to measure ad effectiveness (for example, how often you click on or view ads and whether you go on to buy something from the advertiser) and to stop you being shown the same ad repeatedly. These cookies are provided by:
    • Google (including Analytics Ad Features / AdSense / Doubleclick)
      • general information about the types of cookies placed by Google including advertising
      • how Google uses cookies and other technologies in advertising including how to opt out of advertising cookies (this explains how ad personalisation works)
      • Google’s use of its partners’ data including how to control information collected by Google
      • Google’s privacy policy
    • Facebook (including “Facebook Pixel”)
      • Facebook’s cookies policy (see especially under “Advertising, recommendations, insights and measurement”) including how to control Facebook’s use of cookies
      • Facebook’s privacy policy

        Note that there are various places where you can go to opt out of many companies’ advertising cookies in one go including some or all of the above:
      • www.networkadvertising.org/choices
      • http://www.youronlinechoices.com/
      • http://optout.aboutads.info
  • Social media cookies: These kinds of cookies are placed by social media companies when you use their features on another site, for example if you play embedded audio or video, click a Facebook “like” or sent a tweet. These features may involve the relevant companies using cookies to collect information relating to your visit to our website or your interaction with their services or otherwise. Click the following links for further information including how to opt out where this is possible: Facebook, Twitter, Google Plus, LinkedIn, Pinterest, Instagram, YouTube

 

  • Payment provider cookies: Our payment provider may place cookies if you use their payment services on our site:
    • Stripe’s privacy policy
    • Apple’s privacy policy

 

  • Shopify cookies: Shopify, our hosting / security provider, may place cookies in connection with its service. See its privacy policy.

 

 

 

Our Returns policy
We will be happy to offer a refund where there is a faulty item or when notified of cancellation providing the item is unused and still sealed. This has to be done within 7 days of confirmation of your order. We unfortunately don't offer exchanges, or refund for dissatisfaction of a product. Refunds will go onto the card which was used when you made your purchase. We are not able to refund any postage charges.

You have a right to cancel your order within seven working days of receiving your purchase. This seven day period begins the day after you receive the items from us. Please notify us in writing within seven working days that you wish to cancel and return your unused order and that you intend to return the item(s) and we will be happy to offer you a full refund including your original delivery charge. We cannot except or provide refunds for items that have been used.

How to return something
You can return an item as long as you have not used the product. The product needs to be sealed and unused. It would really help us in developing our products if you could give a reason why they were not suitable as well as your details so we can confirm receipt of your return. Please always include a letter giving your name, address, customer number if possible, email address and daytime telephone number plus a note of what you are returning and why.

Make sure your items are securely wrapped and send your return to:
Returns Department, Apothekelly Skincare, 17 The twinnings, Stowmarket, IP14 2QF.
Parcels are returned at your own cost, and we strongly recommend you obtain a free certificate of postage from the Post Office as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.

We can also arrange for our courier company to collect the parcel from your home. You will need to be at home to hand over the parcel. There is a charge for this service.

Faulty items
We are always very disappointed on the rare occasions our customers receive a faulty product. Because everything is made to order, we take the utmost care with making every product for our customers, but sadly these things can happen even if only very occasionally. If you have identified the fault within 30 days of purchase, please contact us and let us know the details of the fault. We can then let you know whether to return it or not and make sure other items are not affected. We will often ask you to email us a photograph of the fault as it's easier for you than posting it back to us. We will refund any standard second class postage on a faulty item. We strongly recommend you obtain a free certificate of postage from the Post Office as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.

If a fault develops outside of the 30 day return period, contact us on our contact us page or by email on kelly@apothekellyskincare.com before you return the item so we can discuss the fault with you and agree the best way forward.

Returns timing
Once your parcel has been received by our team it can take up to 10 working days to fulfil your request. Returns are dealt with in the order in which they are received so returns sent by Recorded Delivery may reach us more quickly but do not progress more quickly through the process.

When we have dealt with your parcel we will confirm this to you by email, assuming you have given us your email address. Please remember that it can take three to four days after we have processed a refund payment for it to appear on your credit card statement.

If, after sending your return to us, you have not received our email confirmation within 10 working days, please contact us on our contact us page or email us on kelly@apothekellyskincare.com so we can investigate.

Interested In Wholesale

Contact me on the above details to learn more about Apothekelly Skincare Wholesale, private label and white label.