FORT SKINCARE – TERMS AND CONDITIONS

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below: ·       Products, Price and Delivery Costs: The Products, Price (including any VAT) and Delivery Costs in respect of your order are listed on our Site and will be confirmed when you check out your order on our Site. ·       Term: Except where you have purchased a subscription in relation to the Products, these Terms continue until we have provided the Products to you in accordance with these Terms (as reasonably determined by us). If you have purchased a subscription in relation to the Products, these Terms will apply for the duration of the subscription. There is, however, no minimum term to your subscription and you may cancel your subscription at any time by giving 5 working days’ notice prior to the next Cut-Off Date in accordance with these Terms. Our contact details: Fort Skincare Ltd a company registered in England and Wales. Our company registration number is 1346452. Phone number: 01904 900 252 Geographical address: Tower Court, Oakdale Road, Clifton Moor, York YO30 4XL Email address: info@fort-men.co.uk Nothing in these Terms limits your rights at law.

1       These Terms

1.1         What these Terms Cover: These Terms contains the terms and conditions on which we supply the Products to you.

1.2         Please read these Terms carefully before you accept these Terms by ordering Products from us. These Terms tell you who we are, how we will provide the Products to you, how you and we may change or end these Terms, what to do if there is a problem with the Products and other important information. If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details above or via the Contact Us page on our Site).

1.3         How to tell us about problems: If you have any questions or complaints about the Products, please contact us to discuss (using our contact details above or via the Contact Us page on our Site). You can telephone our customer service team on or write to us by email.

2       Introduction

(a)    This website (Site) is operated by Fort Skincare Ltd a company registered in England and Wales. Our company registration number is 1346452 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site.

3       Use of the Site

(a)    You accept these Terms by placing an order via the Site.

(b)    When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;(2) using the Site to defame, harass, threaten, menace or offend any person; (3) using the Site for unlawful purposes; (4) interfering with any user of the Site; (5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses); (6) using the Site to send unsolicited electronic messages; (7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or (8) facilitating or assisting a third party to do any of the above acts.

4       Subscription Products

(a)    There are two types of pricing for our Products via the Site:

(1)         Products available for purchase for one-off fixed fee prices; and

(2)         Products available for purchase on a subscription basis.

(b)    The following parts of this clause 4 applies to Products available for purchase on a subscription basis.

(c)     We offer Products for purchase on a subscription service, and by placing an order with us, you are agreeing to order the Products from us on an ongoing basis. The details of your subscription (including your subscription pricing and inclusions, your payment method, and your delivery period) are as set out in your account via a link to another website through the Site.

(d)    You may pick the frequency of your subscription deliveries of products, based on the options via the Site. Each billing period, you will be provided with a final date by which your order for that period must be finalised (Cut-Off Date). You must finalise your selection of Products for the period before the Cut-Off Date. If you do not select any particular Products, we will select Products on your behalf.

(e)    There is no minimum term to your subscription, and you may cancel your subscription at any time. Your subscription will roll over on an ongoing monthly basis as set out in your account, unless you provide notice to us via email that you wish to cancel your subscription at least 5 working days before the next Cut-Off Date.

(f)     We may, at our absolute discretion, suspend or cancel any subscription, or refuse to fulfil any order. If we cannot fulfil an order, or need to suspend or cancel your subscription, we will promptly notify you via email. We will refund you for any unfulfilled orders.

(g)    Each time your order is confirmed on the Site following the Cut-Off Date and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses, delivery information, and a description of your order.

5       Orders

(a)    You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b)    We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(c)     It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(d)    When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the Price, the delivery and billing addresses and a description of what was ordered.

(e)    All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

(f)     We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including, and without limiting your right to terminate these Terms under clause 9(b), where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.

6       Price and payments

(a)    In respect of Products available for purchase for one-off fixed fee prices:

(1)         you must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause 6. All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable); and

(2)         you must pay the Price upfront using one of the methods set out on the Site.

(b)    In respect of Products available for purchase on a subscription basis:

(1)         the Price means the price paid by you in respect of each order;

(2)         you will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you cancel your subscription in accordance with these terms, you will be charged the same Price each period as set out in your account on the date that you initially sign up to the subscription and on each anniversary of this date, depending on the frequency of the period you select (the Billing Date);

(3)         we may pre-authorise or charge your payment method for a nominal amount to verify the payment method; and

(4)         we may need to change the Price from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms.

(c)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d)    The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, Shopify. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e)    We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(f)     We may from, time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

7       Supply of the Products

(a)    In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

(b)    We warrant to you that the Products will be provided using reasonable care and skill. We are under a legal duty to supply Products that are in conformity with these Terms.

8       Our right to make changes to the Products

(a)    Minor changes: We may change the Products:

(1)      to reflect changes in relevant laws and regulatory requirements, which may result in: changes to the packaging of the Products; and

(2)      to implement minor adjustments and improvements, for example to address a security threat. These changes will [not affect your use of the Product.

(b)    More significant changes to the Products: We may make the changes the ingredients of the Product in order to comply with any changes in law, but if you have purchased the Products on a subscription we do so we will notify you, and you may then contact us to terminate your subscription before the changes take effect and receive a refund for any Products paid for but not received:

9       Delivery, title and risk

(a)    We will deliver the Products to you as soon as reasonably possible (usually within 2-5 working days), and in any event, within 30 days after the day on which we accept the order.

(b)    If:

(1)      we have refused to deliver the relevant Products;

(2)      delivery within the delivery period in clause 9(a) was essential (taking into account all the relevant circumstances); or

(3)      you told us before we accepted the order that delivery within the delivery deadline was essential,

then you may treat these Terms as at an end and terminate them.

(c)     If you need to change the delivery day or delivery address, please notify us immediately in writing.

(d)    We supply the Products to customers within the UK. If, in the rare occasion, you are based outside of the UK and we decide to accept your order, you agree that you will be solely responsible for VAT and any other taxes, excises, duties or other related costs associated with us delivering the Products to you. You must pay these at the same time you pay the Price (or if payable to a third party, when they are otherwise required to pay that third party).

(e)    We deliver the products using a range of delivery methods. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

(f)     Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

(g)    Risk in the Products will pass to you when the Products have come into your physical possession, except where you have arrangement for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you on delivery to the carrier.

10    Satisfaction Guarantee

We offer a satisfaction guarantee to you, which is more generous than your legal rights under the Consumer Contracts Regulations 2013, as set out below. This satisfaction guarantee does not affect your legal rights in relation to faulty or misdescribed products:

Right under the Consumer Contracts Regulations 2013	How our satisfaction guarantee is more generous
Generally, 14 day period to change your mind.	30 days if you are not satisfied with the Products.
You pay costs of return.	We will refund you the Price but you bear the original delivery costs.

11    Change of mind returns Exercising your right to change your mind (Consumer Contracts Regulations 2013)

(a)    You have 14 days after the day you (or someone you nominate) receive the Products, unless:

(1)      the Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind; or

(2)      the Products are for regular delivery over a set period, in which case you have until 14 days after the day you receive (or someone you nominate) receives the first delivery of the Products.

(b)    When you don't have the right to change your mind: You do not have a right to change your mind in respect of:

(1)      the supply of Products which are liable to deteriorate or expire rapidly;

(2)      Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

(3)      any Products which become mixed inseparably with other items after their delivery.

(c)     Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms, you should use the Model Cancellation Form at Attachment 1.

12    Returning Products to us

(a)    Generally, if you change your mind regarding the Products, rely on our satisfaction guarantee or otherwise cancel these Terms after the Products have been dispatched to you, we won’t ask you to return them to us. If, though, you believe the Products are defective or you exercise your right to change your mind, we may ask you to return them to us.

(b)    Costs of return: We will pay the costs of return:

(1)      if the Products are faulty or misdescribed;

(2)      if you are ending these Terms because we have told you of an upcoming change to the Products, a delay in delivery occurs 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; or

(3)      in all other circumstances, you must pay the costs of return.

(c)     Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind:

(1)      we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; or

(2)      where you elect to return the Products using a more expensive form of delivery (for example a courier) than we typically use.

(d)    When your refund will be made: We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind under clause 11 then:

(1)      your refund will be made within 14 days from the day on which we receive the relevant Products back from you; or

(2)      in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

Limitations on and exclusions to our liability

(e)    Neither Party may benefit from the limitations and exclusions set out in this clause 0 in respect of any liability arising from its deliberate default.

(f)     The restrictions on liability in this clause 0 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

(g)    Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:

(1)      death or personal injury caused by negligence;

(2)      fraud or fraudulent misrepresentation;

(3)      breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(4)      defective products under the Consumer Protection Act 1987.

(h)    Subject to clauses 12(e) (no limitation in respect of deliberate default) and 12(g) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(1)      we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;

(2)      a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and

(3)      if either Party fails to comply with this Agreement, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this Agreement.

(i)     We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

(j)     Without limiting your right to cancel these Terms under clause 11, but despite anything else to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

13    Intellectual property

(a)    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b)    We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c)     You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d)    You must not, without our prior written consent:

(1)         copy, in whole or in part, any of Our Intellectual Property;

(2)         reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3)         breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(e)    Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1)         you do not assert that you are the owner of Our Intellectual Property;

(2)         unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3)         you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4)         you comply with all other terms of these Terms.

14    Content you upload

(a)    We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

(b)    If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

(c)     You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

(1)         you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(2)         neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d)    We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

15    General

(a)    Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

(b)    Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(c)     Entire agreement: Subject to your rights under the consumer law rights, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(d)    Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(e)    Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(f)     Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us.

Last update: 19 August 2022

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ATTACHMENT 2 – MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.