TERMS & CONDITIONS
Last updated: 24|11|2023
This website (https://theunseenbeauty.co.uk/) (the “Website”) is operated by TheUnseen Limited, a company registered in England and Wales with registration number 08541593, VAT registration number 181233626 and registered office located at Unit B, Dalston Works, 5 Martel Place, London, E8 2FQ. Throughout the Website, the terms “we”, “us” and “our” refer to TheUnseen Limited.
Through our Website, we provide information relating to us, our activities and beauty products available to purchase from the Website (the Website, information it contains and our products shall together be referred to as our “Services”). Your use of our Services is governed by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers or customers.
Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the Services, [you agree to be bound by these Terms of Service] If you do not agree to all the Terms of this agreement, then you may not access or use any of our Services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and make available our Services to you.
If you need to contact us for any reason, please use the details provided in Section 25 (Contact Information) below.
1. YOUR USE OF THE SERVICES
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country (18 in the UK), state or province of residence.
1.2 You may checkout as a guest, but you will also have the option of registering an account with us to make future purchases easier. You must treat any user identification codes, passwords, or other information provided as part of our security procedures as confidential and prevent their disclosure to any third party.]
2. INTELLECTUAL PROPERTY
2.1 We and /or our licensors own all intellectual property rights in and to our Services. We grant to you a personal, non-exclusive, non-transferable right to access and use the Services upon and subject to these Terms of Service. You may not use the Services for any other purposes than are set out in these Terms of Service.
2.2 You may not reproduce, adapt, reverse-engineer, decompile, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
3. ORDER ACCEPTANCE
3.1 Any order you make through this Website is an offer to buy the products listed in your order, in accordance with these Terms. Payment in full must be received by us in order for us to accept an order.
3.2 Unless we accept your order, we are not under any obligation to sell the products listed in your order. We reserve the right to refuse to accept any order you place with us, or to limit or cancel quantities of products ordered, for any reason in our sole discretion, including (without limitation) for reasons of lack of stock or unexpected issues affecting our supply chain. To the extent we refuse your order, we will inform you of this and will not charge you for the relevant product(s).
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 We are not responsible if information made available on this Website is not accurate, complete or current. The Services, are intended for personal recreational, information or leisure purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
4.2 Please review any precautions or guidelines accompanying the products we provide, and check the product ingredients for any components which may cause allergic reactions or other adverse consequences. We do not provide medical advice and you should refer to your doctor or other professional medical advisers before using our products if you have any personal queries or concerns.
4.3 This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
5. MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our products are subject to change without notice, though any price change will not take effect for products ordered before the price change was applied. The prices for our products listed on our Website include taxes (such as VAT in the UK), but do not include fees associated with shipping or order fulfilment. Such fees will be added to your shopping bag and shown in your confirmation email.
5.2 We may offer promotions on our Website from time to time. Such promotions may modify pricing listed on our Website and may be subject to additional terms and conditions.
5.3 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
5.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. PRODUCTS AND SERVICES
6.1 Certain products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.2 We have made every effort to display as accurately as possible the descriptions, colours and images of our products, but these are intended as illustrations or guidance only and actual products may vary accordingly. In particular, we cannot guarantee that your ’device’s display of any colour will be accurate, and the packaging a product is delivered in may vary from that shown on the Website (if shown).
6.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
6.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. MODIFICATIONS OF PRODUCTS
We may make minor modifications to our products, for example to comply with updates to relevant laws or regulations, or to implement adjustments to improve performance. In most instances, these changes will not affect your use of the product. To the extent your use of the product is affected, or if we need (in our own discretion) to make more extensive modifications of a product which you have ordered but not yet received, we will inform you and explain the options available to you which may include an ability to cancel your order.
8. ACCURACY OF BILLING AND ACCOUNT INFORMATION
8.1 You agree to provide current, complete and accurate purchase and account information for all purchases you make through our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8.2 You represent and warrant that: (i) the credit card details you provide to us are accurate; and (ii) you are duly authorised to use such credit card in order to purchase products from us.
9.1 We specify delivery options for each of our products on the product pages / shopping bag together with the cost of such delivery options. You agree that you will pay all shipping costs specified during your order process.
9.2 Products will be delivered as soon as possible and in any event within 30 days of our acceptance of your order. However, if delivery is delayed for reasons outside of our control, we will inform you as soon as possible of such delay, and will take reasonable steps to minimise such delay. In such circumstances we will not be liable for delivery delays, however if the delay will be significant, you may be entitled to end our contract and receive a refund.
9.3 If delivery of our products is attempted but you are not able to receive such delivery, you will be provided with details of how to re-arrange. If you do not re-arrange within a reasonable period of time, we may charge you for storage or further delivery costs.
9.4 Certain information may be required from you in order to deliver the products you have ordered, such as your delivery address. If you fail to provide the information required for delivery as specified by us at the time your order is made, we may either end the contract for the purchase of such products, or charge you the reasonable costs of any extra effort required as a result. We accept no responsibility for delayed or failed delivery in such circumstances. Further details can be found in our shipping policy available here in the FAQ section of our Website.
9.5 Products you order will become your responsibility upon delivery to you, or to a delivery service of your choosing, and you will own such products from such point provided we have received payment in full for such products.
10. RETURNS, CANCELLATIONS AND REFUNDS
10.1 Other than for items we specifically state are non-returnable on our Website, we will accept returns of the products you have purchased, or your termination of the contract between us. Your rights in such circumstances will depend on the products purchased and the circumstances of the return or cancellation.
10.2 You may change your mind about your purchase, return the unused and unopened product(s) to us and receive a full refund of the purchase price for such product(s) (excluding any delivery costs) at any time within 14 days of the delivery of the product to you.
10.3 We will issue any refunds due to you as soon as reasonably possible, and in most circumstances, within 14 days from the day on which we receive the product back from you.
10.4 For further information, including how to exercise your right to return products to us, please see our refunds policy available in the FAQ section of our website.
11. OPTIONAL TOOLS
11.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
11.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
11.3 Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
11.4 We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
12. THIRD-PARTY LINKS
12.1 Certain content, products and services available via our Service may include materials from third-parties.
12.2 Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
12.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
13.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “‘comments’”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
13.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
13.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14. PERSONAL INFORMATION
15. ERRORS, INACCURACIES AND OMISSIONS
15.1 Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
15.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16. PROHIBITED USES
16.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services: (a) for any unlawful or unauthorised purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) for any commercial or business purposes without our specific written consent.
16.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
17.1 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
17.2 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
17.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.
17.4 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service is (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
17.5 In no case shall TheUnseen Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
17.6 We provide our Services for personal, domestic use and we have no liability for any business-related loss incurred by you through the use of our Services, such as loss of business, business interruption or loss of business opportunity.
17.7 Notwithstanding anything in these Terms of Service, our liability for:
17.7.1 death or personal injury caused by our negligence;
17.7.2 fraud or fraudulent misrepresentation; or
17.7.3 breach of your right to receive products which correspond to the information we provided to you about such product, are of satisfactory quality and not defective, and which have been supplied with reasonable skill and care, is not excluded under these terms and conditions.
17.8 Website disclaimer:
17.8.1 The information provided by THEUNSEEN ("we," "us," or "our") on www.theunseenbeauty.co.uk (the "site") is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied , regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.
You agree to indemnify, defend and hold harmless TheUnseen Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
20.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
20.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may:
20.3.1 terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or
20.3.2 deny you access to our Services (or any part thereof).
20.4 If we terminate the Terms of Service on account of your breach of the Terms of Service, we reserve the right to charge you reasonable compensation for the net costs we will incur as a result of your breach.
21. ENTIRE AGREEMENT
21.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
21.2 These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
21.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
22. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom. The courts of England and Wales shall have exclusive jurisdiction to settle disputes or claims arising from or in connection with these Terms. Notwithstanding the preceding sentence, pursuant to applicable law, you may also have the right to bring proceedings in your local jurisdiction.
23. CHANGES TO TERMS OF SERVICE
23.1 Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page.
23.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
24.1 We have the right to subcontract, assign, novate or otherwise transfer our rights and obligations (in whole or in part) under these terms and conditions. You are not permitted to assign or otherwise transfer your rights under these terms and conditions to a third party without our prior written consent.
24.2 Even if we delay in enforcing our rights, including under these terms and conditions, we still have the right to do so at a later stage. Failure to enforce any particular rights or obligations under these Terms does not prejudice our ability to enforce any other rights or obligations under these Terms.
24.3 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
25. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
25.1 you should have firsthand experience with the product being reviewed;
25.2 your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
25.3 your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
25.4 your reviews should not contain references to illegal activity;
25.5 you should not be affiliated with competitors if posting negative reviews;
25.6 you should not make any conclusions as to the legality of conduct;
25.7 you may not post any false or misleading statements;
25.8 you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolute no obligation to screen reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinion of the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
25. CONTACT INFORMATION
To contact us for any reason, please use the following details:
Post: Customer Services,
T H E U N S E E N,
Unit B, Dalston Works,
5 Martel Place
26. THE UNSEEN BEAUTY E-GIFT CARD
26.1 You can redeem THE UNSEEN Beauty e-gift card on www.theunseenbeauty.co.uk as part or full payment.
26.2 The e-gift card will expire 24 months from purchase.
26.3 The e-gift card cannot be exchanged for cash. We do not give change or refunds on e-gift cards.
26.4 If you are using an e-gift card and the total order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired.
26.5 If you return an item bought online using an e-gift card, we’ll refund the amount to an e-gift card. This does not affect your statutory rights.
27. SPECTRA GIFT WITH PURCHASE
27.1 To receive a free SPECTRA Eye Colour, you will need to add one shade of your choice to your cart for the discount to apply.
27.2 You must purchase SPECTRA Eye Colour (including the UTOPIA Collection) and/or COLOUR ALCHEMY to receive a free SPECTRA Eye Colour. The e-gift card is excluded from this offer.
27.3 If you decide to return the product for any reasons, you must also return the gift with purchase.
27.4 The gift with purchase cannot be exchanged for cash and it is limited to one free SPECTRA Eye Colour per order.
27.5 The free SPECTRA Eye Colour offer with any purchase (excluding e-gift card) is available from 20|10|2023 until 23|10|2023 (midnight BST), whilst stock lasts.
28. DISCOUNT CODE
28.1 The discount code is only valid on orders placed on theunseenbeauty.co.uk
28.2 Only one discount code can be used per order and per customer.
28.3 We reserve the right to change these terms & conditions at any time.
29. BLACK FRIDAY
29.1 From 24|11|2023 - 27|11|2023, we're donating 100% of our profits to In2scienceUK.