Terms & Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website uk.fudgeprofessional.com ('the Website') and your relationship with:
(i) The Hut.com Limited (trading as: uk.fudgeprofessional.com) whose registered office is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ; or
(ii) (a) if your purchase is made in United States dollars (USD) or Canadian dollars (CAD) and payment is made using a debit/credit/American express card, with THGPP LLC (trading as uk.fudgeprofessional.com whose registered office is at 1209 Orange Street, Wilmington, County of New Castle, Delaware, 19801, USA;
(iii) (a) if your purchase is made in Australian dollars (AUD) and payment is made using a debit/credit/American express card, with Skincarestore Australia Pty Limited (trading as uk.fudgeprofessional.com whose office is at G01, 38 Atchison Street, St Leonards, NSW 2065 Australia;
('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
We reserve the right to:
- update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms;
- modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and
- disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
By using this Website, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years of age;
- the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
- you will notify us immediately of any changes to the personal information by contacting our customer service representatives via your “Account” or the “Contact Us” page on uk.fudgeprofessional.com
By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.
We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co- operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these Terms you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998,the UK Data Protection 2017 and the EU General Data Protection Regulation (2016/679).
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to:
- upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- upload or transmit through the Website any material which is defamatory, offensive or of an obscene character; and
- attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would 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 by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
7. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website.
The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded ('Dispatch Confirmation'). The contract will relate only to those goods or services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other goods or services which may have been part of your order until the dispatch of such goods or services has been confirmed in a separate Dispatch Confirmation.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.
9. Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.
10. Price and Payment
All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Dispatch Confirmation).
If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you (if your delivery address is inside the European Union (‘EU’) see ‘Customs clearance responsibilities for EU delivery addresses’). You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.
If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and condition scan be obtained by contacting our customer service representatives via your “Account” or the “Contact Us” page on uk.fudgeprofessional.com
Customs clearance responsibilities for EU delivery addresses
For orders dispatched from the UK only.
For deliveries to addresses within the EU, for legal purposes you are the importer of the goods, and are responsible for any import formalities as well as any duties, tariffs, or taxes which may be charged by any customs authority. However, we have collected these amounts from you as part of your purchase, and by agreeing to these terms, you hereby authorise us to appoint our designated carrier(s) to carry out any required customs formalities on your behalf, including payment of any duties, tariffs, or taxes to the appropriate customs authority. The designated carrier will deliver the goods to you in addition to carrying out the customs formalities on your behalf. These customs formalities will be carried out in different countries depending on the country in which your delivery address belongs, and the carrier used. Your goods will be cleared for customs purposes in one of the following ‘clearance countries’:
1. Cyprus (for addresses in Cyprus)
2. France (for addresses in France, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Greece, Hungary, Italy, Latvia, Lithuania, Portugal, Romania, Slovakia, and Slovenia)
3. Ireland (for addresses in Ireland)
4. Malta (for addresses in Malta)
5. Spain (for addresses in Spain)
6. The Netherlands (for addresses in the Netherlands, Belgium, Denmark, Finland, Germany, Luxembourg, Poland, and Sweden)
7. Belgium (for addresses in Belgium and Ireland)
8. Otherwise, in the country in which your address belongs.
9. In the country in which your address belongs.
10. The Netherlands (for all addresses)
This means that you will be charged duties, tariffs, or taxes at the rate applicable in the clearance country – these will be paid on your behalf by the designated carrier. These clearance countries are subject to change without notice being provided to you.
By accepting these terms, you consent to us appointing a designated carrier to act on your behalf as described above, and that the designated carrier is acting solely for you as your customs direct representative.
11. Intellectual Property
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
12. Limitation of Liability
Supply of Goods
(a) Subject to clause 12(b), if we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
(b) Nothing in these Terms excludes or limits our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(iv) defective products under the Consumer Protection Act 1987; or
(v) any deliberate breaches of these Terms that would entitle you to terminate the Contract; or
(vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Use of Website
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
15. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
16. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Fudge Professional and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Fudge Professional, including the execution of deeds and documents, at the request of Fudge.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Fudge:
- The content and material is accurate;
- Use of the content and material you supply does not breach any applicable Fudge Professional guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Fudge for all claims brought by a third party against Fudge arising out of or in connection with a breach of any of these warranties.
Winners of the review promotion will be notified by email.
18. All Competitions
We reserve the right to amend these Terms without notice from time to time.
These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of any The Hut Group company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
Competitions are only open to residents of the UK (excluding Northern Ireland).
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
Only one prize will be awarded per household.
There will be no cash or other alternative to the prize offered and prizes are not transferable.
The winner's name will be selected in a random draw, after the closing date, from all correct answers received.
The winner of a prize will be notified within 28 days after the winner has been ascertained.
Please allow 28 days for delivery of all prizes.
If the winner of the competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.
The names of the winners may be published on our Website and/or on our Facebook, Twitter or any other social media platform.
Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.
Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.
The prize cannot be exchanged, refunded or transferred. No cash alternative is available.
The Promoter reserves the right to disqualify without notice any entries that it believes are fraudulent.
The Promoter’s decision is final and no correspondence will be entered into.
The Promoter reserves the right to change these terms and conditions at any time (and any such change shall be notified to you by text).
Entry into the prize draw will be taken as acceptance of these terms and conditions. The prize draw and these terms and conditions are governed by English law and subject to the exclusive jurisdiction of the English Courts. Promoter: The Hut.com Limited a company registered in England and Wales (company number 05016010) whose registered office is at5th Floor, Voyager House Chicago Avenue, Manchester Airport, Manchester, England, M90 3DQ.
19. Referral Scheme
Subject to the terms set out below, you may earn ‘credit’ for use on this Website by referring a new customer(s) to us through our referral scheme by sharing the referral link and/or referral code we provide to you (the “Referral Scheme”). You are only eligible to participate as a ‘referrer’ in this Referral Scheme if you have previously placed an order on the Website.
A new customer is a natural person who has not previously placed an order with us (a "Referee"). If the Referee has an account on the Website but has not previously placed an order on the Website then they are entitled to participate in the Referral Scheme through the ‘referral link’ only. If the Referee already has an account on the Website then they will be unable to participate in the Referral Scheme using a ‘referral code’ (regardless of whether they have previously placed an order).
If the Referee has clicked through your referral link the discount code will automatically be applied at checkout. If the Referee is using a referral code, the Referee must enter this code at checkout.
For the avoidance of doubt, any credit generated from the Referral Scheme may only be spent on the Website and neither you nor the Referee is entitled to receive any payment of any kind in respect of the credit. The credit is not redeemable for cash. The credit that stands to your Referral Scheme account is not transferable in any way.
You will receive the applicable credit on your account 24 hours after despatch of the Referee's order. If the Referee cancels their order for any reason within 3 days of it being despatched, you will not qualify for any credit. You will receive your credit in the default currency of the Website.
Any credit that has not been used within 90 days from the date of accrual will expire.
The Referee must place an order with a value of at least the minimum value as stated on the Website from time to time.
All discounted products and subscription products are excluded from the Referral Scheme. If you are participating in the Referral Scheme, you will be unable to participate in any affiliate schemes, cash-back offers and/or any other promotions of this nature.
We may, in our sole discretion, withdraw your credit generated from the Referral Scheme at any time if we believe or suspect that your use of the Referral Scheme is fraudulent, misleading or contrary to these terms.
Any credit will be valid for 6 months from the date of issue.
21. Site Offers
Maximum discount will be £500 per order if not otherwise stated. Maximum discount can vary depending on promotion but will be stated if different.
Site/Selected Item Discounts
Discount applied at basket, excluding free gifts and other promotional items. Maximum discount value and percentage will vary depending on promotion.
Discount given when offer requirements are met. Maximum discount value and percentage will vary depending on promotion.
Discount percentage decreases periodically over time, as stated. Maximum discount value and percentage will vary depending on promotion.
Discount automatically applied to products as shown on product pages. In some instances, Was/Now pricing may stack with an offer code, however this is dependent on promotion.
Gift(s) automatically added to basket when offer requirements are met. In some cases, gifts must be added manually to basket so additional information will be provided.
Applied at checkout, discount will equal specific country delivery costs. Shipping to other countries may still incur a charge.
Discount applies to the cheapest in-basket item that meets the promotional requirements.
Specifically stated items are exempt from discount. We reserve the right to amend the list of exempt products at any time. Only one discount code can be applied per basket.
Black Friday deals apply to the products RRP price only. Black Friday deals cannot be used in conjunction with any other on-site promotion
23. Product Disclaimer
We endeavor to keep the website up to date, however, our formulas do undergo changes from time to time. Please always refer to the ingredients list on the product packaging.