Terms & Conditions for Caviar Clinic
1. Scope of Application
These are the legal terms and conditions of sale ("Conditions") which apply, without restriction or limitation, to all sales of products ("Goods") supplied under or in association with the brand Caviar Clinic®. These goods are sold on the website www.caviarclinic.com ("Website") by Caviar Clinic Ltd, which is the exclusive licensee of the Caviar Clinic® brand and the owner of the attached intellectual property rights.
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Our Privacy Policy and Website Terms of Use also form part of these Conditions.
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Definitions:
- Caviar Clinic Ltd** is referred to as "we," "us," or "our."
- Consumers buying on the Website are referred to as "you."
- "Party" means either you or us, and "Parties" means both you and us.
- "Writing” means letters, faxes, emails, or SMS.
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Contact Information:
Our Customer Services team is available Monday to Friday, from 9:30 am to 5:30 pm at contact@caviarclinic.com or through instant messaging (Live Chat) on our website. We respond to your emails or messages within the next 24 hours. You can also write to us at:
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Caviar Clinic Ltd
Customer Service
1 Battersea Bridge
London SW11 3HB
UK
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Before placing any order, you are automatically given the opportunity to read these Conditions. Please read them carefully and ensure that you understand them before ordering any Goods from our Website. By ticking the acceptance box of the Conditions when confirming your order, you confirm your unconditional and full acceptance of these Conditions.
We may change these Conditions from time to time, with the latest version being available on our Website and governing any later order. These Conditions can be saved electronically or printed by all users of our Website.
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Eligibility to Place an Order:
- You declare that you are at least 18 years of age.
- You are acting as a consumer.
- You are placing an order for your personal and domestic use only.
- You provide and maintain a valid postal and email address.
Ordering Process:
Orders for Goods are placed through our Website. In exceptional circumstances, at the Customer Service’s discretion, some orders may be placed by phone.
Product descriptions on our Website include the main characteristics of the Goods, such as availability, composition, fitness for purpose, usage, quantity, specifications, and expected results. The choice of a Good is made under your sole responsibility.
We may revise and/or upgrade our Goods or formulas offered on the Website at any time without prior notice. Therefore, some Goods may become unavailable without notice. We shall have no liability of any kind if a Good is no longer available or removed from sale.
2. Placing Your Order
Placing Your Order:
- You can either create a dedicated account on the Website by filling out an order form with the minimum required personal information or simply fill in the necessary information for the process of your order and its delivery.
- Add selected Goods to your basket. Availability is indicated on the Website. In case of unavailability, these will be clearly marked, and you can register your email to be informed of its availability.
- Before you submit your order, you will review your selection, check the total price (including VAT), and correct any errors. Accept the Conditions by ticking the box provided and proceed to payment. Prolonged inactivity may cause your selection to be lost, requiring re-entry.
Order Confirmation:
- The sale will only be binding on us once we have sent you a confirmation email detailing your order and confirming your payment. Your order is final and cannot be modified or canceled.
- We retain the right to refuse or cancel your order if you breach these Conditions, experience a stock error, order quantities are deemed unreasonable for personal consumption, or have had a payment dispute on a previous order.
Costs
- You will be responsible for any costs of connection to our Website.
**Contract Formation:**
- The contract for supply of Goods ("Contract") will be formed when we accept your order and verify your payment, confirmed through a confirmation email.
3. Price
- The price of the Goods you order will be as displayed on the Website before you confirm your order. Prices are in US Dollars ($), Pounds sterling (£), Euros (€) and include applicable local taxes. The UPS Worldwide Express Saver service is complimentary for all locations listed in our shipping FAQ.
- Additional local import charges and/or duties may apply in some countries. Prices displayed are exclusive of all destination import duties, taxes, and fees. As the recipient, you are liable for all import duties,
customs, and local sales taxes; payment of these is necessary to release your order from customs on arrival. We are unable to estimate the amount of these charges as they are handled by each government.
- If invoiced in error at a higher amount than the actual price of the Goods, we will inform you as soon as possible to reconfirm your order at the correct price or cancel your order. If canceled, you will be fully refunded or re-credited.
4. Payment
- Payment must be made in full at the moment you place your order using the secure payment options listed, in the currency applicable to your place of purchase. We accept major credit cards, Apple Pay, Android Pay, and PayPal. International bank transfers and cash transfers are not accepted.
- To confirm payment and counter Internet fraud, you will be redirected to the website of our secure payment partner, Braintree, for handling the information related to your order in a secure environment.
- We reserve the right to implement additional payment security systems as needed.
- We will validate personal information with your card issuer to ensure your card is not used without your consent. By accepting these Conditions, you consent to such checks.
Payment is irrevocable.
5. Delivery
5.1 Once the contract is formed following confirmation of your order, the Goods you selected will be delivered according to the method you chose to the address you provided. You will receive an email notification once the Goods have been dispatched. You can also track the status of your order through your dedicated account on our website. Please note that deliveries are not made to PO Box addresses, general delivery/poste restante addresses, stores, or retailers. Additionally, there is no Click and Collect delivery option available.
5.2 Under normal sanitary conditions, orders placed before 12:00 pm (GMT) on weekdays will be dispatched the same day. Indicative delivery times are as follows:
UK & EUROPE: UPS Express, 1-2 business days
USA: UPS Express, 1-3 business days
ROW: UPS Express, 2-5 business days Please be aware that these delivery times are estimates and we are not liable for any delays or any loss or damage resulting from such delays.
5.3 Delivery is free of charge above a certain threshold, which varies by country (details can be found in our FAQ). This free delivery offer does not apply to replenishment orders, which are always shipped free of charge.
5.4 If no one is available at your specified delivery address to take delivery of the Goods, our Customer Service team will contact you to arrange an alternative delivery date, or our courier may reach out directly.
5.5 If we are unable to deliver the Goods after three attempts, the contract will be canceled and your order will be fully reimbursed.
5.6 If the Goods are intended as a gift, you may arrange for delivery to a third party, provided that the delivery address meets the requirements stated in 5.1.
5.7 Ownership and the risk of damage to the Goods pass to you upon physical receipt of the items.
5.8 If the packaging is damaged at the time of delivery, please open the package in the presence of the carrier to check the condition of the Goods. Should there be any damage to the Goods, note the details on the delivery note, keep any relevant evidence (including photos), and contact our Customer Service team as outlined in Section 7 below.
5.9 A paper copy of your invoice will be included with your parcel.
6. Liability
6.1 We warrant that the Goods sold on our website comply with European regulations in force and will be of satisfactory quality as ordered, fit for their intended purpose, and match the essential characteristics described on our website.
6.2 The Goods automatically benefit, without additional payment, from:
A warranty of conformity for Goods that are apparently defective, damaged, soiled, or do not correspond to the order, for a period of two years from the delivery of the Good.
A warranty against hidden defects caused by a material, design, or manufacturing flaw that renders the Goods unfit for their intended use, applicable for two years from the discovery of the defect.
6.3 To enforce your rights under these warranties, you must follow the process detailed in Section 7. Please note that our liability under these warranties is strictly limited to the replacement or reimbursement of the non-conforming or defective Goods.
6.4 We will not be liable in the following circumstances:
Non-compliance with the legislation of the country where the Goods are delivered.
Misuse, use for professional purposes, negligence, or lack of care by you.
Non-delivery of Goods due to the provision of an incorrect delivery address or failure to notify us of an address change.
Interruptions or delays in service due to maintenance, security, or technical issues.
Damage caused by malware or viruses that may affect our website.
Force majeure as defined by applicable local courts.
6.5 However, we do not exclude or limit liability for:
Death or personal injury caused by our Goods, our negligence, or the negligence of our employees, agents, or subcontractors.
Fraud or fraudulent misrepresentation.
Any other liability which cannot be limited or excluded by law.
7. Warranty - Exchange of Goods – Withdrawal Right
7.1 When you purchase Goods from our website, you are entitled to several rights:
If the Goods are defective, damaged, soiled, unfit for use, lost in transit, or do not correspond to the order, you can claim a refund or replacement free of charge (including the costs of re-delivery).
You may exchange the Goods if you prefer a different item.
You have the right to withdraw from the purchase if you change your mind.
7.2 You must contact us within 28 calendar days of the delivery or collection of the Goods, providing details of your order number, the Goods ordered, their delivery, and the defects if applicable.
7.3 For returns due to faults, defects, or skin reactions, we will provide prepaid return labels for DHL collection. If you fail to allow collection within a reasonable timeframe after notifying us of your decision to withdraw, we may charge you for the direct costs of recovering the Goods.
7.4 Goods must be returned in their original packaging, complete with any labels, notices, protective covers, and boxes, and the original invoice. The crystal film covering the box must still be sealed.
7.5 Upon receipt of the Goods in perfect condition, we will proceed with your refund or exchange within a maximum of 14 days. No new delivery or reimbursement will occur until we have received the returned Goods from you.
7.6 If the Goods are exchanged, the initial sale will be canceled, and the new transaction will be adjusted against the previous sale's amount. Any credit balance will be refunded, and any additional payment will be debited via your chosen payment method. Exchanges are not permitted for Goods received as a result of a previous exchange.
8. Intellectual Property Rights
8.1 The content of the Website, as well as the "CAVIAR CLINIC®" trademark and all trademarks, whether figurative or not, including all other marks, illustrations, images, and logos appearing on our products, accessories, or packaging, whether registered or not, are and remain the exclusive property of Caviar Clinic Ltd.
8.2 Any reproduction, complete or partial, modification, or use of the content, these marks, illustrations, images, and logos, for any reason and in any medium, without our written, express, and prior agreement, is strictly prohibited. This includes any combination or use in conjunction with any other mark, symbol, logo, or any distinctive sign intended to form a composite logo and may constitute a counterfeiting offense.
9. Use of Your Information
9.1 The holding and use of personal information provided to Caviar Clinic Ltd or any associated companies are governed by the Privacy Policy posted on our Website, which is part of these Conditions. Please read this Privacy Policy carefully to understand how we use and protect the information you provide. By placing an order on the Website, you consent to the collection, use, and transfer of your information under the terms of the Privacy Policy.
9.2 All comments, queries, or requests relating to our use of your information are welcome and should be sent to us by email using our contact form or the contact details provided below.
9.3 We are particularly committed to ensuring the appropriate protection and security of our Information Systems.
10. Governing Law
10.1 The Contract and any dispute or claim arising out of or in connection with it, its subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Swiss law, without prejudice to the application of the mandatory provisions of the law of your country of residence.
10.2 All disputes related to these Conditions will be submitted to the competent courts of your country of residence. Additionally, you have the option to resolve any dispute through mediation with your relevant local Consumer Commission or any other alternative dispute resolution method.
11. General
11.1 These Conditions and any matters referred to in our receipt form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent), or undertakings.
11.2 Any omission or error in any sales literature, advertisement (whether in newspapers, magazines, on the Internet, or otherwise), invoice, or other document issued by us may be corrected by us without liability.