Términos del servicio

TERMS AND CONDITIONS FOR PURCHASES VIA MOROCCANOIL’S ONLINE SHOP (APRIL 2021)

Terms and Conditions

In the following we would like to present our General Terms and Conditions (“T&C”) to which your order from our Online Shop will be subjected:

 

1. Scope of Validity
   • 1.1 The following General Terms and Conditions (in the following “T&C”) apply to all contracts between the Moroccanoil UK Ltd, Handel House, 95 High Street, Edgware, Middlesex, HA8 7DB (in the following “we” or “us”) and a consumer that concern the purchase from our onlineshop https://uk.moroccanoil.com in the United Kingdom (in the following "Online shop“).
     You are a consumer as understood under English consumer protection laws if you are a natural person who enters into a legal transaction for purposes that wholly or predominantly are outside of your trade, business or profession.
   • 1.2 With your order from our online shop you agree to our T&C in their current version.
   • 1.3 In no circumstances do we accept any alternative contractual terms even in cases where we do not expressly object to their inclusion.

 

2.               CONCLUSION OF CONTRACT

• 2.1 We conclude contracts with you via our online shop exclusively in the English language.
• 2.2 By placing, presenting and advertising products in our online shop, we are not making a binding offer to conclude a contract with regard to the purchase of these products, but merely wish to inform you and invite you to submit an offer to purchase.

 

• 2.3 You can place products in a virtual shopping basket without any obligation to buy them and amend the contents of your shopping basket and your other entries at all times before submitting your order by using the correction aids provided and explained for this purpose in the order process.
• 2.4 Only after you conclude your order by pressing the button “Confirm your order with an obligation to pay” are you submitting a binding contractual offer for the goods stored in your virtual shopping basket.
• 2.5 Immediately after the conclusion of your order you will receive an e-mail from us in which we confirm the receipt of your order. Additionally you will be shown a page in our online shop which also confirms the receipt of your order. Neither the e-mail nor the corresponding page in the online shop are to be construed as an acceptance of your offer to enter into a contract and only serve to provide you information. We only enter into contract with you after we have sent you a further e-mail with an acceptance of your offer or after we send the ordered goods for dispatch, whichever occurs first..
• 2.6 We do not save the text of the contract. However, we will send you the terms of contract in our e-mail with the acceptance of your contract offer together with the order details, the T&C and the information about your right to withdraw, therefore enabling you to save them in a form that can be reproduced.

 

3.               PRICES, SHIPPING COSTS AND PAYMENT

3.1       Prices and Shipping costs

• The prices that we quote on the product pages of the ordered goods at the time of your order and before the order process is completed are binding. They are stated in British Pounds (GBP) and include the statutory value added tax. A reduction of the price by discount deduction is not possible.
• Our prices stated on the product pages do not include the shipping costs. If shipping costs apply, we will enable you to find out the amount and calculation of the shipping costs via a link on the product pages and state the amount of the shipping costs in the ordering process before triggering the binding order.
• If we fulfill your order by partial delivery in accordance with section 4.2, you will only incur shipping costs for the first partial delivery. If you expressly request partial deliveries, we will charge shipping costs for each partial delivery.
• The purchase price for the ordered goods is due for payment after conclusion of the contract, unless the payment method selected by the customer specifies a different due date (see section 3.2).

 

3.2            Payment

You can pay for goods ordered in our online shop using the following methods of payment:

• Credit Card

If you choose to purchase by credit card, you must provide us with the requested credit card information, such as cardholder, card number, validity, and verification number, when you place your order. We will charge your credit card after conclusion of the contract.

(B)             PAYPAL

If you choose payment via PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To pay the invoice amount via PayPal, you must be registered with Paypal or register first, validate your access data and confirm the payment instruction. After submitting the order in the online store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

PayPal payment is possible for one-time orders [and for orders in our "Auto-Delivery" subscription option].

4.               DELIVERY CONDITIONS

• 4.1 We will only accept your order for goods if the delivery address is in the United Kingdom.
• 4.2We may also fulfil an order in partial deliveries insofar as this is agreed or requested by you.
• 4.3The delivery is usually performed by a shipping company commissioned by us [but in some cases may be performed by other third parties].
• 4.4  Unfortunately, it is not possible for you to collect the ordered goods yourself.
• 4.5 In the ordering process, we will inform you of the estimated delivery date. If the goods are not available, we will of course refund any payments already made. For this purpose, we will use the same means of payment that you selected in the ordering process.

 

5.               RETENTION OF TITLE

The goods remain our property until the purchase price has been paid in full.

6.               “AUTO-DELIVERY” SUBSCRIPTION

• 6.1 With the “Auto-Delivery” Option we offer you the possibility to obtain certain goods from us on a regular recurring basis by way of a subscription. In the order process for the „Auto-Delivery“-option, we clearly indicate the fact that it is a subscription and other special order conditions will apply.
• 6.2 Products that you have ordered through the „Auto Delivery“-subscription will be resent to you at your chosen delivery frequency (e.g. every month, every three months, every four months), starting from the date of the first dispatch. We will pay the shipping costs. You can also pay for your subscriptions using the means of payment specified in section 3.2. The payment for the first delivery is due, as usual, upon conclusion of the contract. Payment for each subsequent delivery shall be due in each case on the first day after expiry of the period specified as the delivery frequency.
• 6.3 You can update the payment information or delivery frequency of your “Auto-Delivery”-account by cancelling your „Auto-Delivery“ subscription and conclude a new „Auto-Delivery“ subscription.
• 6.4 You can cancel your “Auto Delivery” Subscription at any time. If you have a customer account, you can cancel your “Auto Delivery” subscription after logging into your customer area of the online shop on a subpage available there. Cancellation of your “Auto Delivery” subscription will take effect immediately, unless you cancel 48 hours before the time at which the next dispatch takes place according to the order frequency you have chosen. In this case, the cancellation will only take effect after that product has been dispatched, because the product is already in the dispatch process 48 hours before the dispatch time.
• 6.5 If we cease to sell a product, we may also terminate „Auto Delivery“ subscriptions on our part at any time and will notify you in writing or via e-mail.
• 6.6 If we increase the prices of the products that you ordered via the “Auto Delivery”-subscription in our online shop, we will inform you about this increase by e-mail at least one month before the respective price change. In this email we will also offer you the ability to purchase the affected products from then on at the new prices via the "Auto Delivery subscription. If you respond to this email confirming that you do not accept the price increase or do not respond to this e-mail indicating your agreement to the new terms within a period of one month, this will be deemed to be a cancellation of your „Auto Delivery"-subscription, so that after this period you will no longer receive these products via the „Auto Delivery"-subscription. We will expressly draw your attention to this legal consequence in our price change notification.

 

7.               WARRANTY AND GUARANTEES

7.1            Warranty

• We shall be liable for material defects or legal defects of delivered products in accordance with the applicable statutory provisions. Goods that we provide to you will be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

1. a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

• b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.Any seller's guarantees given by us for certain items or manufacturer's guarantees granted by the manufacturers of certain items shall be available to you in addition to your rights under clause 7.1(a).Details of the scope of such guarantees are set out in the relevant guarantee conditions which may accompany the items.

7.2            GUARANTEES

• You are only entitled to additional defect rights arising from a quality and/or durability guarantee if we have expressly issued such a guarantee for the respective goods.
• In this case information on any additionally applicable guarantees and their exact terms and conditions can be found in the online shop on the product page of the respective product and a further sub-page on the guarantee. We will also send you the declaration of guarantee in a separate e-mail after your order.

 

8.               LIABILITY

• 8.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
• 8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care.
• 8.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

9.               RIGHT OF WITHDRAWAL

You have a right of withdrawal, which we explain below for the simple order of goods under letter (a) and for the order of goods via an "Auto-Delivery" subscription under letter (b).

In letter (c) we also go into the exclusion of the right of withdrawal in certain cases. In letter (d) we also provide you with a form that you can use to revoke the contract with us.

 

(A)             YOUR RIGHT OF WITHDRAWAL WHEN ORDERING GOODS

Instructions on withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and nominated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Moroccanoil UK Ltd, Handel House, 95 High Street, Edgware, Middlesex, HA8 7DB , email: contactus@moroccanoil.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.   Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will pay the costs of return if:  (a) you are validly exercising your right to change your mind within the 14 day period mentioned above; (b) the products are faulty or misdescribed; or (c) you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.   (B)             YOUR RIGHT OF WITHDRAWAL WHEN ORDERING GOODS IN THE "AUTO-DELIVERY" SUBSCRIPTION You have the following right of withdrawal when ordering goods in the "Auto-Delivery" subscription: Instructions on withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good. To exercise the right of withdrawal, you must inform us (Moroccanoil UK Ltd, Handel House, 95 High Street, Edgware, Middlesex, HA8 7DB , email: contactus@moroccanoil.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.   Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will pay the costs of return if:  (a) you are validly exercising your right to change your mind within the 14 day period mentioned above; (b) the products are faulty or misdescribed; or (c) you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.   (C)             EXCLUSION OF THE RIGHT OF WITHDRAWAL However, the right of withdrawal does not exist in particular for contracts for the manufacture of goods which are bespoke or tailored to your personal needs; for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded;   for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery; or             for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature.   (D)             MODEL WITHDRAWAL FORMS If you wish to exercise your right of withdrawal, you can use this form to revoke the contract: Model withdrawal form (If you want to cancel the contract, please fill out and return this form). -        To Moroccanoil UK Ltd, Handel House, 95 High Street, Edgware, Middlesex, HA8 7DB , email: contactus@moroccanoil.com -        I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), -        Ordered on (*)/received on (*), -        Name of consumer(s), -        Address of consumer(s), -        Signature of consumer(s) (only if this form is notified on paper), -        Date (*)  Delete as appropriate   10.            ADDITIONAL POSSIBILITY OF REFUNDING THE PURCHASE PRICE BY MEANS OF A GIFT CARD IN CASE OF NON-SATISFACTION In addition to your right of withdrawal (see clause 9), your statutory rights in case of defects (see clause 7.1) and the warranty applicable to some of our products (see clause 7.2), if you choose to cancel your contract with us within 30 days from the date on which either you or a third party nominated by you (who is not the carrier) take(s) possession of the ordered goods, we will grant you a refund of the purchase price in the form of a voucher. In this case, please contact us by e-mail to contactus@moroccanoil.com. In order for us to process your request under 10(a). We will need your order number, which you received from us by e-mail after submitting your order, as well as your contact details in order to issue the gift card. Please provide us with both in the e-mail. Upon receipt of a request to do so, we will issue you with a gift card for the amount of the purchase price minus the VAT.   11.            DATA PROTECTION The protection of your personal data is very important to us. We process your personal data in connection with your order exclusively in accordance with the applicable legal provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act. The details can be found in the privacy policy available on our website. 12.            CUSTOMER SERVICE You can reach our customer service for questions, complaints and objections by e-mailing  contactus@morocconoil.com.   13.            MISCELLANEOUS 13.1        Choice of applicable law The law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall also apply if you order from a country other than Germany. However, if the law of the country in which you have your habitual residence grants mandatory consumer protection rights that apply to you and are more favorable than German law, these consumer protection rights that are more favorable to you shall remain applicable. 13.2        Severability clause Should one or more provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. 13.3        Reservation of right to amend We are entitled to amend the T&C with effect for the future. If we do so, we will notify you and you may then contact us to end the contract before the changes take effect. In the case of current contracts in the form of subscriptions, we will inform you of this circumstance before the changes come into effect. If you do not object within one month of receipt of the notice of amendment, the amended GTC shall be deemed to have been accepted by you if you have been informed by us in the notice of the consequences of your silence.  14. To read the Sweepstakes Terms and Conditions,  https://ru.moroccanoil.com/pages/pages-sweepstakes-terms-conditions Moroccanoil UK Ltd, Handel House, 95 High Street, Edgware, Middlesex, HA8 7DB email: contactus@moroccanoil.com   Last update: April 2021