In these terms and conditions:
1.1 "Aqua Manda®", "we", "our" and "us" means Beauty Brand Development Ltd (Company Registration Number 04202738), Registered Office: Leytonstone House, Leytonstone, London E11 1GA. Telephone: (+44) 07792 945768
1.2 "User", "customer", "you" and "your" means any user of the Website including any user who makes a purchase through the Website (the “buyer“).
1.3 "Website" means http://www.aquamandaperfume.com including all sub-pages.
1.4 "Delivery region" means the countries to which we can fulfil order delivery (defined in section 6).
2.2 You must be 18 years or over to order online from www.aquamandaperfume.com and have full legal capacity.
2.3 All sales are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our stock, we may have to wait to receive items from our suppliers, consequently, whilst we would use our best endeavours to despatch items within the indicated delivery times, orders may sometimes take longer and we will advise buyers of the status, where applicable.
3. Making an Order
3.1 To make an order on www.aquamandaperfume.com, you should click the "add to cart" button on the relevant item. You can view a summary of your order by clicking, at any time, on the "shopping basket" link at the top-right of the website. To amend the number of items, you can click on the relevant buttons. To add more products, simply click on "continue shopping" or navigate to the "Shop" page.
3.2 Select your delivery country and, if available, choose the specific delivery method. The delivery price will be displayed during the check out process. The check out process provides a complete overview of your order.
3.3 By default, your delivery address is taken as your billing address. Un-tick "Deliver to the same address" to input a different delivery address.
3.4 It is your responsibility to notify us if any of the order information is incorrect as failure to do so may result in non-delivery of any ordered items.
3.5 All orders are subject to acceptance and availability at our sole discretion. We retain the right to cancel/reject orders in the case of item unavailability, incorrect pricing, you are based outside the Delivery Region and/or your credit or account card is not authorised for the transaction.
3.6 If an ordered item is unavailable, we will inform you as soon as practically possible. We will aim to let you know the next availability date. You retain the right to cancel the unavailable item, upon notification via email, with a full refund including delivery charges. Where your order is for multiple items, the rest of the order will remain valid (including all delivery charges).
4. Order Pricing & Payment
4.1 All items are priced in pounds sterling (£ GBP) and exclude delivery charges which will be displayed in the "shopping basket" before you make your order.
4.2 We reserve the right to change our prices without notification at any time. Items will be charged at the price which was displayed at the time of the order being made.
4.3 Upon final review of the "shopping cart", which displays all costs (including delivery charges and any promotional discounts), you will proceed to pay by debit card or credit card.
4.4 Payments are processed via a Secure Socket Layer (SSL) encrypted channel. At no time will the customer's payment details be transferred or stored through Aqua Manda Perfume's electronic systems. Payment will be taken at the time of order acceptance.
4.5 In the event that payment cannot be processed, the order will not be accepted and will automatically be cancelled. An error message will be displayed on the screen. In such an event, please contact us via www.aquamandaperfume.com/contactus.
4.6 All prices are inclusive of VAT.
5. Order Processing
5.1 Order acceptance will be confirmed on the screen and an order confirmation email will be sent to the address provided at the time of purchase. We recommend that you retain this email for your record.
5.2 Each order confirmation will contain an order number specific to your transaction which can be used in any further communication.
5.3 Once the order has been accepted and payment has been taken, the order cannot be amended.
6.1 We aim to despatch all orders received before 1pm on the same day. Orders made after this time will be processed the next working day. Orders are treated as separate transactions and once an order has been received and processed no further items can be added to the order. If you wish to order further items a new order will need to be placed.
6.2 Non-UK customers have one delivery option, "Standard". For these international orders we aim to deliver between 3 and 5 business days.
6.3 It is your responsibility to provide us with full and correct delivery address details. We cannot be held liable for non delivered orders if incorrect address details were provided upon order.
6.4 Any packages returned to us as undelivered will be refunded, excluding the delivery cost.
6.5 If after five business days you have not received your order, you must contact us using www.aquamandaperfume.com/contactus. In the event that the items are lost, we will refund the total amount of the order including delivery costs.
6.6 Our delivery regions cover the following countries only:
United Kingdom, Ireland, Eire, Netherlands, France, Germany, Austria, Denmark, Italy, Portugal, Spain, Sweden, Hong Kong, Singapore, Cyprus, Malta, USA, Canada, Channel Isles and New Zealand.
Aqua Manda cannot be held liable for any changes to government customs duties.
7. Damaged Goods
7.1 We have strict quality controls in place to ensure your items are sent un-damaged, however, we advise you to carefully check the item(s) upon arrival. If you experience any problems, please contact us using the www.aquamandaperfume.com/contactus form stating your full contact details, order reference number and the exact damage observed.
7.2 If you have a valid claim in respect of any of the items which is based on any defect in the quality or condition of the items in accordance with this Agreement, we shall refund to you the full price paid (or a proportionate part of the price) and the delivery charges incurred.
7.3 If the package of the items is damaged you must notify us within 24 hours of receipt of the package.
7.4 We ask you to return any incorrect or defective items to us as soon as possible to the address listed in the despatch note.
8. Returns Policy
8.1 Our returns policy does not affect your legal statutory rights under the Distance Selling Regulations, The Sale of Goods Act or other legislation. If you wish to return an item bought from us please contact us via the www.aquamandaperfume.com/contactus form. We would ask that the goods are returned within thirty working days of receiving the order, clearly stating your full contact details and order reference number.
8.2 Items returned, mentioned in 8.1, must be in their original condition and packaging and under no circumstances should be used. We reserve the right to refuse a refund on any item, which has been opened, damaged, dirtied, in un-saleable condition or which have not been returned to us in line with the specified return procedure.
8.3 Any return (other than for defective items) will be at the customer's own expense. A full refund, excluding delivery costs, will be processed within seven days of us receiving the returned goods.
8.4 We advise you to return items by recorded delivery or by obtaining a Certificate of Postage from the Post Office or by any other means that shows proof of the return. If your returned items are not received we cannot process the refund unless you can provide this proof of postage.
8.5 The address for returns is stated on the note despatched with the items.
9. Website Content & Access
9.1 The website is undergoing continuous enhancements which may be made public at any time. Information is subject to change without notice.
9.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We aim to represent product images as accurately as possible; however, variations are to be expected.
9.3 We aim to achieve uninterrupted access to the website; however, this may be suspended, restricted or terminated at any time.
9.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
9.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
9.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
9.7 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
10.1 The buyer will only own the items upon successful delivery and when we have received a cleared payment for the order in full. Until that time we will retain ownership of the items.
10.2 All products bought through our website are not for re-sale.
11.1 We shall not be liable to you in connection with these Terms and Conditions in contract, tort (including negligence) or otherwise for any loss, any internet, network or virus problem, for any loss of profit, anticipated savings or data (in each case whether direct or indirect) and/or any indirect loss.
11.2 Our aggregate liability to you in connection with these Terms and Conditions shall not exceed the value of the goods ordered by you.
12. Statutory Rights
12.1 These Terms and Conditions do not affect your statutory rights as a consumer.
13. Changes to Terms and Conditions
13.1 We reserve the right to change the Terms and Conditions at any time. The terms and conditions in force at the time an order is confirmed will govern any particular order. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated.
14.1 Aqua Manda® is a registered trademark and the property of Beauty Brand Development Ltd. No permission is given by Beauty Brand Development Ltd in respect of the use of its trademarks, brand names, product names, titles or copyrights. Any such use will be an infringement of the owner's rights.
15. Title to Goods
15.1 We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
16. Risk of Loss
16.1 Risk in the goods will pass to you upon delivery to you.
17. Limited License
17.1 We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
17.2 We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license without prejudice to any other remedy provided by applicable law.
18. Your Obligations and Responsibilities.
19. Third Party Links
19.1 We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
20. Representations and Warranties; Limitation of Liability
20.1 The site is presented "as is." We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred sterling as applicable or the value of the goods ordered whichever is greater. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
21.1 You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any action you take that imposes an unreasonable burden or load on our infrastructure.
22.1 Your use of this Website and any purchase by you of any goods from Beauty Brand Development Ltd shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
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