TERMS AND CONDITIONS

CONDITIONS OF USE

Please read these terms and conditions carefully. Together with our privacy policy and terms and competition terms and conditions, they govern our relationship with you in relation to our website www.uk.fudgeprofessional.com (“our site”).

We may change these terms and conditions at any time by updating this page and as such you should check them from time to time, to ensure you are happy with any changes. Using or accessing our site indicates your acceptance of these terms and conditions. If you do not accept these terms and conditions, please do not continue to use our site. We may occasionally run competitions and promotions via our sites and these terms and conditions will be governed by our Competition Terms and Conditions.

INFORMATION ABOUT US

uk.uk.fudgeprofessional.com (“our site”) is operated by or on behalf of PZ Cussons Beauty LLP (“we” or “our” or “us” or “PZ Cussons Beauty LLP”). We are a Limited Liability Company, registered in England and Wales under company no OC364213., and have our registered office at 14 Upper St. Martin’s Lane, Covent Garden, London, WC2H 9FB. Our VAT number is GB 145 2422 92.. You can email us with any questions, queries or complaints at contact us page.

PRIVACY POLICY

We collect, use and process personal data and other information about your use of our site in accordance with our Privacy Policy . By using our site, you consent to such collection, use and processing.

INFORMATION ABOUT YOU

When you visit certain areas of our website, we will ask you for information about yourself. We will want to know your name and e-mail address. We may also ask for your postal address and telephone. We will not collect any information about you without your consent. In cases where we ask you for information about yourself in connection with certain promotions (for example, if we are offering opportunities to win prizes or free product samples), if you do not provide such information you may be unable to participate in those promotions.

YOUR USE OF OUR WEBSITE AND OUR INTELLECTUAL PROPERTY RIGHTS

We have made our site available to you for your own personal use. We may modify, withdraw or deny access to our site at any time. Our site and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed for us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on our site, as well as other content such as articles and other text. The trade marks, logos, product names and brand names used on our site (“our trade marks”) are owned by PZ Cussons Beauty LLP, its associated companies or trade mark licensors. Our trade marks may not be used on or in connection with third party products or services without our express prior written consent, and may not be used in any way that is confusing for customers or derogatory. You may not copy, redistribute, republish or otherwise make the materials on our site available to anyone else without our consent in writing. You may not download, use or exploit the whole or any part of our site or their content for any commercial or money-making purpose without our prior written permission. You may not modify the whole or any part of our site or its content or pass-off the whole or any part our site or its content as your own work.

Website Copyright ©2012 PZ Cussons Beauty LLP. All rights reserved. Our site, including but not limited to its design, graphics, text and dynamic content, are protected in accordance with The Copyright, Designs and Patents Act 1988. It may not be reproduced in part or whole without the express written permission of PZ Cussons Beauty LLP.

LICENCE AND DOWNLOAD RIGHTS

You acquire no rights or licences in or to the website and/or the content other than the limited right to use the website in accordance with these terms and conditions and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of our site. Download is permitted by us provided only that:

  • you make no more than one printed copy of such download and no further copies of such printed copy are made; you make only personal, non-commercial use of such download and/or printed copy; and you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
  • additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the content or any part thereof. You may not make any part of the website available as part of another website, whether by hyperlink framing on the internet or otherwise. Our site and the information contained therein may not be used to construct a database of any kind, nor may our site be stored (in their entirety or in any part) in databases for access by you or any third party or to distribute any database site containing all or part of our site.

SUBMISSIONS

Our site may include features that allow users to contribute to discussion boards, post reviews or submit suggestions or ideas (“submissions”). By making submissions, you agree to the following:-

  • You warrant (or promise) that you are at least 18 years of age or, if you are under 18, that you have the consent of your parent or guardian to make submissions.
  • Everything you post or contribute will be legal, decent, accurate and honest.
  • You will not post or contribute anything that is fraudulent, offensive, obscene, abusive, invasive of privacy, hateful, inflammatory, threatening, deceptive, discriminatory, defamatory, infringing of copyright, trade marks, designs, patents or other intellectual property rights or confidential information or otherwise illegal (or that is intended to be or may reasonably supposed to be so).
  • You will not post or contribute anything that encourages or assists in any illegal or improper activity including, without limit, fraud, criminal activity, computer misuse, infringement of copyright, trade marks, designs, patents or other intellectual property rights, improper use or disclosure of confidential information, invasion of privacy or breach of contract.
  • You will not use a false email address or other false details, impersonate any other person company or organisation, misrepresent your identity, or claim or imply any affiliation or endorsement that does not in fact exist.
  • You will not use our site for spamming, denial of service, spread of viruses or for any other computer misuse of unauthorised communication.
  • You will not post or contribute any material for commercial or business purposes. Amongst other things this means that you will not post contribute or upload adverts or commercial or money-making material on our site.

By making posts or contributions you also agree that:

  • Your submission is non-confidential and non-proprietary and you are entitled to post or contribute it. You retain all ownership rights in any submission you may make. You promise that you are the original owner.
  • We and our associated companies shall have the perpetual, non-exclusive, royalty-free, world-wide, sub-licensable right to publish, use, copy, adapt, distribute, disclose and create derivative works of your submission to display your submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world.
  • We may identify you as the source of the material if we choose (but are not obliged to do so) and you irrevocably waive your right to be identified as the author of your material and your right to object to derogatory treatment of it.
  • You will execute such documents and do such things as are necessary to give effect to this section.
  • We reserve the right (but are not obliged) to monitor interactive services and to remove without notice any material that, in our opinion, does not comply with these terms and conditions or is otherwise unsuitable. We shall not be deemed to have endorsed or approved any material that we do not remove, and we shall not be responsible or liable for any materials that are posted or uploaded to our site by you or any other user. If you have any complaints or concerns about any material on our site you should contact us.

We reserve the right (but are not obliged) to disclose your identity to law enforcement authorities and to any person who is claiming that material posted or uploaded by you is defamatory or constitutes a violation of their intellectual property, confidential information, privacy or other rights.

You agree to reimburse us in full for any loss, liability, damage, cost or expense that we suffer or incur as a result of your posting or contributing material in breach of these terms and conditions.

 

VIRUSES AND OTHER MIS-USE

Whist we endeavour to ensure that our site is secure and free of viruses and other malicious or technologically harmful material (“viruses”), we cannot guarantee that it is. We strongly advise you to protect your computer with regularly updated anti-virus and firewall software and to log-out completely when you finish using our sites on a shared computer.

You must not knowingly introduce viruses to our site, or use our site or its contents for any unlawful purpose. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database that is connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack or attempt to use it in such activity.

By breaching (not complying with) this section you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities, including by disclosing your identity to them.

PRICING AND AVAILABILITY

We take great care to ensure that the prices shown for our retailers are accurate, although all prices are subject to change prior to the agreement between us being formed.

It is always possible that, despite our reasonable efforts, some of the Products on the site may be incorrectly priced. If we discover an error we will endeavour to correct with our retailer partners as soon as we are able.

All prices include VAT where appropriate.

PRODUCTS

The images of the Products and packaging on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products including the packaging you receive may vary slightly from those images.

All Products shown on our site are subject to availability with our retailers. For any order queries, refunds or exchanges, please contact the place of purchase.

OUR LIABILITY TO YOU

These terms and conditions do not exclude our liability (if any) to you for:

  • personal injury or death resulting in our negligence;
  • fraud
  • any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access our sites. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

You acknowledge that your use of our site, including the content is at your own risk. If you are dissatisfied with our site, the terms and conditions or any of the content, your sole remedy is to discontinue use of the website.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, our employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of us, our employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against us, our employees, representatives, suppliers, or agents is based on or arises in connection with:

  • your use of the website;
  • any breach by you of the Terms;
  • a claim that any use of the website by you infringes any intellectual property rights of any third party, or any right of personality or publicity, or
  • is libellous or defamatory, or otherwise results in injury or damage to any third party;
  • any deletions, additions, insertions, or alterations to, or any unauthorised use of, the website by you; or
  • any misrepresentation or breach of representation or warranty made by you contained herein.

References in this section of the Terms to your use of the website shall be deemed to include any use by a third party where such a third party accesses the website using your computer.

You agree to pay us, our employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of us or otherwise incurred by any of us in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

NO WARRANTY

Our site and the content is provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. We accept no responsibility or liability for functions contained on the website and make no warranties that the website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

We do not warrant that the website is compatible with your computer equipment or that the website or its server is free of errors or viruses, worms or “Trojan horses” and we are not liable for any damage you may suffer as a result of such destructive features.

We shall not be held responsible for content provided by third parties. Also, we are not responsible for the reliability or continued availability of the telephone lines and equipment you use to access our site. These Terms do not affect your statutory rights or your legal rights as a consumer.

AVAILABILITY

We do not guarantee that our site will be compatible with all or any hardware and software which you may use. We do not guarantee that our site will be available all the time or at any specific time. We reserve the right to withdraw or modify our site at any time (and without notice) for repair, maintenance, updating or any other reason. We may restrict access to all or part of our site to users who have registered with us. We do not accept liability if the whole or any part of our site are unavailable or inaccessible at any time or for any period.

INFORMATION ON OUR WEBSITES

The information contained on our site is given for general information and interest purposes only. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on our site. Our liability to you as explained above remains unaffected by this.

LINKS

We may link to other sites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our site. We are not responsible for these sites in any way. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit before using them or providing your personal data. You may not link to our site from another website without our consent in writing.

EFFECT OF BREACH

If at any time you breach (do not comply with) these terms and conditions, your right to use our site will be terminated. We reserve the right to take legal action against you to recover any losses, damage, liabilities, costs or expenses that we suffer or incur as a result of your breach of these terms and conditions and to enforce any right or remedy that we have at law.

TERMINATION

Either you or us may terminate these terms and conditions with or without cause at any time. If we terminate these terms, we will email you at the address you provided on registration and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by writing to PZ Cussons Beauty LLP, Manchester Business Park, 3500 Aviator Way, Manchester, M22 5TG. On termination you shall destroy all content and copies thereof, obtained from our site.

CONTRACTING ONLINE

Nothing on our site is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of our site. If you make a contract with a third party who is named or referred to on our site, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

LOCAL LAWS AND REGULATIONS

Our site is not directed at any person in any jurisdiction where for any reason the publication or availability of the website is prohibited. Those in respect of whom such prohibitions apply must not access the website. We do not represent that either our site or the content are appropriate for use or permitted by local laws in all jurisdictions. Those who access our site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by the laws of England and Wales and disputes in connection with them are subject to the exclusive jurisdiction of the English and Welsh courts.

TERMS AND CONDITIONS

This page (together with our Privacy & Cookies Policy) tells you information about us and the legal terms and conditions (Sale Terms) on which we sell any of the products (Products) listed on our website (site) to you.