Terms & Conditions
Date of Last Update: February 26th, 2021
Welcome to our Vitamasques website (the “VQ”, “Vitamasques Site” or the “Site”).
M5 BEAUTY(“VITAMASQUES”, “we”, “us” or “our”) provides the services available on the Site to you subject to the following terms and conditions (the “Website Terms” or “T&C”).
M5 Beauty Incorporated address and registered office is 116192 Coastal Highway, in the city of Lewes, county of Sussex.
To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself.
To create an account, simply click on Create Account, and then fill in your details and click “Create”.
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately at Contact Us page, or call us at +44 (0) 207 2626 063 (business hours: 9:00AM - 5:00PM GMT, Monday to Friday). Alternatively, you can update your details through the “my account” page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately.
If you have forgotten your password, please click on the "Forgot your password?" link on the Login page.
Your account can be cancelled at any time by contacting us at Contact Us page or call our Customer Services on +44 (0) 207 2626 063 (business hours: 9:00AM - 5:00PM GMT, Monday to Friday).
Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care (firstname.lastname@example.org) team. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Website Terms or if we decide, in our sole discretion, that it would be in our best interests to do so.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Vitamasques terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Vitamasques, whose applications are acceptable to Vitamasques and who have authorized Vitamasques to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Vitamasques reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Vitamasques feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
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.
We will take all reasonable care 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.
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.
All prices shown are inclusive of VAT (only where applicable) at the current rates. We reserve the right, however, to change prices at any time without notice to you.
If you are a customer whose credit/debit card is not denominated in the United Kingdom, the final price might be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
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. 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.
Please note that when shipping goods from outside the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Vitamasques will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Vitamasques.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the T&C.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
We accept Visa, MasterCard and American Express cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with Apple Pay, Google Pay and PayPal.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Vitamasques, we will not be liable for any delay or non-delivery.
To help ensure that your shopping experience is safe, simple, and secure, Vitamasques uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
Please note that we aim to dispatch all orders within 48 hours, however, during sale or other busy periods orders may take longer to be processed. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch.
Vitamasques is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS ( INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
You have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order) until the date which is 14 days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
Your right to return goods does not apply to goods:
- made to your specification; or
- which have been clearly personalised (such as by being engraved); or
III. which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or
- where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
To cancel an order, you just need to let us know that you have decided to cancel,
by letter to: Vitamasques London, 12 Porchester Place, London, W2 2BS, United Kingdom; or by submitting the contact form. Please provide the details of your order (order date, order #, name of customer, address of customer, and the product you want to return if applicable) in the contact form or letter to help us to identify it.
If you cancel your order we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to make a deduction from your refund to reflect any reduction in the value of the goods, if the reduction is the result of unnecessary handling by you. (If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.)
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
III. make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
- refund you using the same means of payment as you used for the initial transaction. If you used vouchers to pay for the Products we may refund you in vouchers.
If a Product has been dispatched to you or you have received them before you decide to cancel your order then:
- our Customer Service team will reach out to you after we receive your cancellation notification and help you to arrange a return by providing all the necessary information including the return address.
- you must return it to us without undue delay (in the original product packaging if possible) and in any event not later than 14 days after the day on which you let us know that you wish to cancel the order.
III. please ensure that the items you are returning are unopened and in any original packaging. Unwanted goods need to be in pristine condition with any retail seals unbroken.
- any item you have accepted and then returned is your responsibility until it reaches our warehouse. Please package the item securely and ensure that you send your item back to us using a delivery service that insures you for the value of the goods.
- when returning goods please obtain a proof of postage (we do not accept responsibility for goods lost in transit) and ensure that the parcel is adequately sealed;
- unless the Product is faulty or not as described you will be responsible for the cost of returning the Product to us.
If you cancel your order but do not send off such goods to us within 14 working days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Vitamasques Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Vitamasques and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Vitamasques tries to ensure that the information on this site is accurate and complete. Vitamasques does not promise that Vitamasques's Content is accurate or error-free. Vitamasques does not promise that the functional aspects of the Site or Vitamasques's Content will be error free or that this Site, Vitamasques Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
SUBMISSIONS AND USER CONTENT
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy and Cookies Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing or otherwise making available on the Site User Content that
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- you do not have a right to make available under any law or under contractual or fiduciary relationships;
III. is known by you to be false, inaccurate or misleading;
- you were compensated for granted any consideration by any third party; or
- infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”.
You further agree not to
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
III. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
- intentionally or unintentionally violate any applicable local, state, national or international law; or
- collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Website Terms, we have the right to remove any User Content that violates these Website Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Website Terms or infringe the rights of others.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&S, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY LINKS
We may include hyperlinks on this Site to other websites or resources operated by parties other than Vitamasques, including advertisers. Vitamasques has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
III. A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).
Nothing in the T&C is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITATION OF LIABILITY
The provisions of this clause relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site.
The material displayed on our site is provided on an “as is” basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
iii. loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
vii. wasted management or office time; and
viii. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
At our request, you agree to compensate us fully, defend us, and hold us Vitamasques harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Vitamasques as a result of the T&C or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Vitamasques, and we shall not be liable for any representation, act, or omission on your part.
No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under these terms and conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.
CHANGES TO WEBSITE TERMS
We reserve the right, in our sole discretion, to change the Website Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Website Terms. We may, with or without prior notice, terminate any of the rights granted by these Website Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
In case of complaint about your online purchase, you may contact us by submitting the contact form or write to us at Vitamasques, 12 Porchester Place, London, W2 2BS, United Kingdom.
LAW, JURISDICTION AND LANGUAGE
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed and construed in accordance with the laws of England and Wales. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
COMPETITIONS & GIVEAWAYS
All competition entrants and criteria are subject to change at our discretion, these changes do not need to be communicated, but we will try our best to update any/and all posting regarding our active campaigns. Any competition or giveaway winners will be contacted via email or through the social network the campaign was active upon e.g. Instagram or Facebook.
We will only request information that will help us supply the prize goods to the applicable winners at the end of our campaign periods, this information is not stored and will be only used for this purpose. Country restrictions will be explicitly stated within any competition or giveaway text and if any entrant violating those terms will be excluded and forfeit any chances of being eligible for winning.
If competition requires sign up to our newsletter and the entrant unsubscribes before the competition finishes, the entrant forfeits their entry.
KLARNA TERMS & CONDITONS
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay Later
- Pay in 3
- Slice it
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.