TERMS AND CONDITIONS - SeaKisses

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TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR SHOPPING WITH SEAKISSES LIMITED

These terms and conditions will apply to all transactions placed online with SeaKisses. Please read carefully before placing any order. All contracts shall be governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. Nothing in these terms and conditions will be deemed to affect your statutory rights.

By using this site, you are agreeing to these terms and conditions.

 

LEGAL IDENTITY

SeaKisses is the trading name of SeaKisses Limited. Registered office: St Denys House, 22 East Hill, St Austell, Cornwall, PL25 4TR. Registered number: 09099863 (England and Wales), VAT number: GB161827895 . Place of registration: Companies House.

Contact us at: SeaKisses Limited, Pentewan, St Austell, Cornwall PL26 6BT. email: hello@seakisses.co.uk  Tel: 01726 932777

 

ORDERS

We are pleased to accept online order transactions via secure server using a debit or credit card. Customers can also pay using Pay Pal and Apple Pay. All credit / debit card transactions are subject to validation checks and are authorised by the card issuer. We accept MasterCard, Visa, Delta, Switch, Maestro and American Express. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order. No orders will be accepted or processed without a valid card payment in the name of the registered cardholder.

The web price includes VAT at 20%.

 

MAKING A PURCHASE

Making a purchase could not be easier. Just browse our products and click on any items that you wish to buy and put them into your ‘Shopping Bag.’ After you have finished your selection, click on 'View Basket & Checkout' and you will be asked for a few details that we need to be able to fulfil the order.

Promotional discounts are sometimes offered for a limited time. Details and expiry details will be communicated accordingly at the time the discount is offered. Discount codes can be applied at checkout.

Gift Vouchers

To redeem a SeaKisses Gift Voucher enter your unique code (found on the front of the voucher) at the checkout at www.seakisses.co.uk. Gift Vouchers may only be used at www.seakisses.co.uk. No change can be given from a Gift Voucher. Gift Vouchers are valid for a year from date or purchase. Once the unique code has been used the voucher is void.

If you would like a Gift receipt for any purchase, simply ask our customer service team on 01726 932777 or email them on hello@seakisses.co.uk.

 

Credit cards and security

SeaKisses accepts major credit and debit cards including Visa, Mastercard, Switch, Delta and American Express through our payment service provider Shopify Payments. All credit card details are secured with 128-bit encrypted sessions and all sensitive information is stored on a heavily encrypted database that is protected by multiple government approved firewalls. You may send your credit card information via phone, post or over the Internet.

We would like you to be confident about ordering online. We use secure socket layer (SSL) technology to ensure that your details are safe and the information you provide is fully encrypted so that it cannot be read by third parties. Your browser will confirm that you are shopping in a secure environment by showing a locked padlock icon or an image of a key in the URL bar at the top of your screen. If you have any questions about security at our Website, you can send an email to hello@seakisses.co.uk.

 

Products, prices and content

Whilst every effort is made to ensure the pictures and colours depicted on the site match as closely as possible those of the actual product, due to technical limitations, some colours may vary.

All prices are shown in pound sterling (£) and are inclusive of UK VAT at the current rate unless clearly stated.

Prices, product descriptions and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions.

Any information displayed on our web site(s) or other printed matter by us is not regarded to be authoritative or certified as the best practice and is only considered to be useful supplementary advice to other certified codes of practice. All information on our Website is updated regularly.

We reserve the right to alter our prices and specifications without notice.

We reserve the right to make minor changes to the products. We may change the product(s) to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

Any promotional discount codes are not valid on sales items and gift vouchers. Only one promotional code can be used at any one time.

Ownership of goods

All items supplied to the customer remain the property of SeaKisses until final payment of all sums owing in respect of those goods has been received in full by us.

 

Links

This Website may contain links to or from other Websites. Please be aware that we are not responsible for the privacy practices of other Websites. This Privacy Policy applies only to the information we collect on this Website. We encourage you to read the privacy policies of other Websites you link to from our Website or otherwise visit.

Notification of changes

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy on our website. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your Personal Information will be based on the Privacy Policy in effect at the time the information is used. If the preceding sentence is deemed to violate applicable law, the privacy policy in effect at the time your Personal Information was collected, will apply.

Social Media #

By using this Website and tagging #SeaKisses and sharing your Photos with us you grant to SeaKisses a royalty-free, perpetual, worldwide licence to use your Instagram handle and/or your fancy Instagram photograph(s) that you’ve tagged with the hashtag #SeaKisses, or on www.seakisses.co.uk and/or on any of SeaKisses’s social media platforms including but not limited to Instagram, Facebook and Twitter for marketing and/or to use in advertising.

SeaKisses may decide to use your images and reserve the right to reproduce, distribute, combine with other materials, alter and/or edit your Photos in any manner in its sole discretion, with no obligation to you whatsoever.

You hereby represent and warrant that (i) you own all rights in and to your Photos, (ii) you have permission from any person(s) appearing in your Photos to grant the rights herein, (iii) you are 18 years or older, and (iv) SeaKisses’s use of your Instagram handle and/or photos will not violate the rights of any third party or any law;

You hereby release and discharge SeaKisses from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above.

Finally, you hereby release, discharge and agree to hold SeaKisses and any person acting on SeaKisses behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos as described above.

 

COMMENTS AND COMPLAINTS

If you wish to comment or complain about any aspect of your dealings with us please write to SeaKisses, Pentewan, St Austell, Cornwall PL26 626 6BT; or call us on 01726 932777; or email us at hello@seakisses.co.uk . We will reply within five working days of receipt.

 

OWNERSHIP OF RIGHTS

All rights, including copyright, on this Website are owned by or licensed to SeaKisses. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this Website for any purpose. Reproduction strictly by permission only.

 

DESIGN, COPYRIGHT AND INTELLECTUAL PROPERTY

The original illustrations and designs are all by artist SeaKisses. All text, graphics, photographic images, packaging, patterns and designs on all SeaKisses products are protected by copyright, design rights, trademark rights and other intellectual property rights, which are owned by SeaKisses.

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of SeaKisses and is protected by UK and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of SeaKisses and are protected by UK and international trade mark laws.

 

DELIVERY

If you have selected our 'Standard Delivery' option, it is our aim to deliver to you within 3-7 working days of the receipt of your order. The ‘First Class’ option will be delivered to you within 2-3 working days. There is also a ‘next day’ service. Saturdays, Sundays and all bank holidays are classed as non-working days. All our delivery dates are estimates and we cannot guarantee specific deadlines. Please note, we cannot be held responsible for any third-party involvement where delays occur to deliveries. Please see our 'Delivery Terms' for full details.

We deliver to most postal areas in the UK including Northern Ireland plus several countries outside the UK including the Republic of Ireland. We're sorry that geographical location and carrier availability can restrict our service. Full details can be found in our ‘Delivery Terms’.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise 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 end the contract and receive a refund for any products you have paid for but not received.

Our products are shipped from the UK and sold on an unpaid Delivery Duty basis. With this in mind, please be aware that you, or whoever the lucky recipient might be, may have to pay Import Duty or a Formal Customs Entry Fee upon, or prior to, delivery. If you're unsure how this will affect the overall cost of your order, please check your Local Legislation rules.

 

RETURNS AND EXCHANGES

Our Returns policy

Please note: During the current coronavirus crisis we understand there is a lot of uncertainty and we understand there are a lot of people in self-isolation so we have extended our normal returns policy to 45 days.

If you've changed your mind about keeping your purchase, you can return any item within 45 days of receipt as long as it is unused and in its original packaging. You must provide original proof of purchase. All items for refund or exchange should be sent back in a resalable condition and be unwashed, unworn (except for the purposes of trying on), in the original packaging and with the original tags attached. Please ensure you have taken reasonable care to make certain that items are returned safely and not damaged in transit. We reserve the right to refuse an exchange or refund if goods are not returned in a saleable condition or are damaged.

 

We will be happy to exchange the item for a replacement or to make a refund which will go onto the card which was used when you made your purchase. We are not able to refund any postage charges. Postage will be charged for sending any exchange items by post.

How to return something

Your SeaKisses products should arrive in perfect condition but, if this is not the case please let us know as soon as it arrives and we will send you a replacement.

If you wish to return your product, please make sure that you send it back to us within 14 days of receipt in its original condition and packaging. We aim to process your refund within fourteen days of receipt of the returned goods.

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days). 

Parcels are returned at your own cost AND THIS WILL BE REIMBURSED UPON RECEIPT OF GOODS, and we strongly recommend you obtain a free certificate of postage from the Post Office as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.

 

We can also arrange for our courier company to collect the parcel from your home. You will need to be at home to hand over the parcel. There is a charge for this service. Please contact our customer service team on: 01726 932777 or email hello@seakisses.co.uk.

 

FREE Gift Promotions

Any free gifts received in a promotion cannot be returned for exchange or cash equivalent refund. Only one free gift per customer during the promotional period. Free gift promotions are available while stocks last. If a free gift was included within your original order and you choose to return part or all of the order, taking it below the threshold to be eligible for the free gift, you will need to return the free gift with the other items. If the free gift is not returned, the full retail value of the gift will be deducted from your refund.

 

RIGHT TO CANCEL

You have the right to cancel this contract within 14 days from the day after the goods have been received without giving any reason. The cancellation 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 goods or, in the case of multiple goods under one order, when the last of the goods is similarly acquired. To exercise the right to cancel, you must inform us: SeaKisses Limited, Pentewan, St Austell, Cornwall PL26 6BT,  hello@seakisses.co.uk (01726 932777) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). We will then communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than - (a) 14 days from the day you return any goods supplied, or provide evidence that you have returned them, or (b) if there were no goods supplied,14 days from the day on which we are informed about your decision to cancel this contract. We will make the 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 the 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 cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. 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.

We will pay the costs of a return if the products are faulty, mis-picked or misdescribed; if 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. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

 

RESPONSIBILITY

SeaKisses cannot be held responsible for any disruptions to our services that are beyond our reasonable control. We will do everything in our power to correct any disruption to our service.

We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. SeaKisses cannot be held responsible for marginal differences in products supplied.

Any products and services, and any samples thereof, we may provide to you are for personal use only. You may not sell or re-sell any of the products or services, and any samples that you receive from us.

 

GENERAL TERMS

Security Checks

We may occasionally carry out security checks and have the right to refuse access to our Website should we consider it necessary.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what SeaKisses and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

CONTACT

We have taken great measures to ensure that your visit to our Website is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns, please contact us: SeaKisses Limited, Pentewan, St Austell, Cornwall PL26 6BT,  hello@seakisses.co.uk (01726 932777)