Introduction
Welcome to the user agreement for Brown Earth Cosmetics. In return for allowing you access to this website, we impose and require you to accept the terms and conditions of use set out in this notice. If you are not prepared to agree to these terms then you must immediately leave this website and you may not use or access our services.
These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer including the sale of retail goods to consumers. You must read, agree with and accept all of the terms and conditions contained in this agreement and our Privacy Policy.
This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on other pages or websites referred to in this notice, as they may contain further terms and conditions that apply to you. Please also refer to our Legal Notice and Privacy Policy.
New Customer
You may browse our website without registering but will need to become an online customer with us in order to purchase any goods via our website.
When you become an online customer your username will be your valid email address and you will be asked to input a password.
You are responsible for all actions taken under that username, whether by you or any other person. It is your responsibility to keep your username and password safe. You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorized use of your username or password.
You warrant, represent and undertake that any information, which you provide when you register as a user, shall be up to date, true and accurate in all respects, and you agree to notify us immediately of any changes to such information.
You can e-mail any changes in your details to us at
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or online once logged in, via the my account section.
Descriptions and Product Information
All products displayed on this website are available only whilst stocks last. Every effort has been made to reflect product colours as accurately as possible. However, due to differences in monitors, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product.
All drawings, photos, descriptive matter, specifications and advertising issued on this website and any descriptions, photos or illustrations contained in Brown Earth Cosmetics catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.
Purchasing Products
The prices displayed on this Site are quoted in UK sterling, and are only valid and effective in the UK. Payments can only be made in UK sterling. The prices include VAT at 17.5% (UK tax) and are subject to change if the applicable rate of VAT changes before your order is accepted.
Going forward, where products are delivered to you outside of the European Union you will be responsible for paying any local sales tax or import duties arising at the delivery destination, which are not included in the price of the products.
Prices are quoted exclusive of postage and packing, which will be charged at the rates specified in the delivery section below.
Where there is a delay or likelihood of delay in the supply of products, we will advise you as soon as practicable. If the products cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
Any orders you place with us will not be accepted and no contract will be formed between us until you have been instructed that said goods are available and these goods have been paid for and all applicable charges in full. No payment shall be deemed to have been received until we have received payment in cleared funds.
We will confirm our acceptance of your order on receipt of cleared funds by email (where a valid email address is provided).
We reserve the right at all times and at our sole discretion to refuse to accept any orders.
You may cancel an order with us up to three working days prior to dispatch.
If your order has already been dispatched, please follow the returns procedure and we will grant you a full refund including all posting costs.
Telephone Sales
We are offering the opportunity for you to order from us via the telephone. You can ring us on our international free phone number +44(0) 870 744 7547 or email sales via
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and we will process your order for you.
Delivery
Postage and packing for UK deliveries is charged as follows:
Target Express: £6.00 - delivery received within 2/3 working days (where possible) subject to credit card authorisation and stock availability.
Postage and packing for Greece, Italy and Sweden are charged as follows:
FedEx: £18.00 - delivery received within 4/5 working days subject to credit card authorisation, customs delays and stock availability.
Postage and packing for other EU countries are charged as follows:
Target Express/FedEx: £12.00 - delivery received within 4/5 working days subject to credit card authorisation, customs delays and stock availability.
All deliveries require a signature. If you are not in to receive goods, you can contact Target Express to arrange a new delivery time. You also have the opportunity to add any special delivery instructions during the ordering process.
All delivery times are only estimates and we will not, under any circumstances, be liable for any delay in meeting such delivery times.
Returns and Exchanges
Returns Policy
We will offer a refund or exchange (if stock available) on any unworn/unused goods (faulty or otherwise) within 28 days of dispatch. Please ensure all items are returned in their original packaging with their labels intact. The date your items were dispatched by us will be detailed in the documentation that arrives with your order. You will receive a returns form with each order to complete and return.
We will re-imburse the postage paid when returning faulty items only. (Please note, this does not affect your statutory rights). If you require an exchange on a faulty item and we have stock available, you will not be charged again for delivery.
Please note that all refunds and exchanges must be made through our website and goods may not be returned to our stockists.
We will refund the original credit card charged only. (Please note that refunds may not show up on your bank statement immediately).
Returns Procedure
If you wish to return any items to Brown Earth Cosmetics please complete the brief "Returns Form" which will be sent out to you with your order. Wrap your item(/s) safely and securely to avoid damage in transit back to Brown Earth Cosmetics (please note Brown Earth Cosmetics is unable to accept an item for refund if it has been damaged in transit). It is advisable to obtain a proof of posting certificate if using the Post Office and arrange the necessary compensatory cover for the items.
Include your completed "Returns Form" and send your package back to Brown Earth Cosmetics Internet Returns, 111 Hopton Road, London SW16 2EL. We recommend returns by courier, recorded or special delivery. Please note that Brown Earth Cosmetics will be unable to refund items returned to us which are lost in the post. It is advisable to obtain a proof of posting certificate if using the Post Office and arrange the necessary compensatory cover for the items.
Acceptable Use
You acknowledge that you are responsible for all communications sent via or to this website and agree your use of this website for private, proper and lawful purposes only.
You will not carry out any act or omission or procure any act or omission which would:
damage, delay, interrupt or impair the use of this website or its software;
cause any illegal, offensive, defamatory material to be placed on or associated with this website;
be in breach of any copyright, trade mark, privacy, confidence, or any other third party right; or
cause any inconvenience to Brown Earth Cosmetics, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and 'spam').
In the event that you breach any of these conditions, you will indemnify and keep indemnified Brown Earth Cosmetics, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.
Privacy
Please read our policy under “Privacy” section of this website.
Links to Other Organizations
No mention of any organization, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals.
We take no responsibility for anything that might occur when you visit any other website. When you click on a link you will leave this website. We provide links to a non-Brown Earth website only as a convenience to you.
Limitation of Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.
However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.
We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Indemnity
You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.
Trade Marks and Copyright
Our trade marks include (amongst others) the Brown Earth and Brown Earth Cosmetics name and logo.
These trade marks may be in use and/or registered in more than one country and
your use and access of our website does not give you any rights to use our trade marks.
All other trade marks are the property of their respective owners. All content included on this website (including, without limitation, the trade marks of Brown Earth Cosmetics, logos, graphics, text, photos, designs, logos, icons, images, data and software) is the property of Brown Earth Cosmetics, its affiliates and licensors and as such is protected by international and UK copyright and other intellectual property laws.
Any copyright or other intellectual property in these web pages is owned by, or licensed to us. It is absolutely prohibited for you to reproduce all or any part of the contents of this website except in accordance with this agreement.
We grant you the following LIMITED license to copy the contents of this website:
You may download or print pages from this web site BUT ONLY for your own personal use AND you may not make any modification to them.
You may re-copy, extract or forward pages from this website to a third party for their personal use only, PROVIDED you:
Do not make any modifications to the extract or pages before re-copying, extracting or forwarding
Acknowledge that the extract is from this website
Include the URL address of this website on the extract
Notify the third party that use and further copying of the extract by them is subject to the terms of this license.
The following acts are forbidden under the limited license granted to you:
You may not incorporate any part of this website into any other work or publication, including incorporation into an electronic work without our prior written consent.
You may not frame this website within any website controlled by you.
Termination and Suspension
We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:
You are in breach of any part of this agreement.
We cannot, for any reason, verify or authenticate any information you provide to us.
We believe that your actions may cause legal liability for us, you, or any other user.
Notices
Any notice, which we are required to give to you regarding the services, may be sent by e-mail or first class-post to the address provided by you on registration (or as amended from time to time).
Unless otherwise explicitly stated, notices to us must be sent by registered mail to
Brown Earth Cosmetics Ltd
111 Hopton Road
London, SW16 2EL.
Notices sent by e-mail are deemed to be received 24 hours after an e-mail is sent unless we receive a failure notice that the e-mail address is invalid is received. Registered mail and first class-post will be deemed received 3 days following the date of mailing.
General
This Agreement sets forth the entire understanding and agreement between us.
We may amend this agreement at any time by posting an amended agreement on our website. Any amended agreement will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting.
Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
You cannot assign this agreement but we may assign it at our sole discretion.
Our failure to act with respect to a breach by you or others shall not be considered as a waiver of our right to act with respect to subsequent or similar breaches.
Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.
Governing Law
These terms of use are governed by and construed in accordance with English law and you agree that the English courts will have exclusive jurisdiction for any dispute under this agreement.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our website and services.
We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our website and services is legal.
