1.1 This website is operated by Amarya Ltd. The references to "we" and "us" and "our" shall be deemed to be references to Amarya Ltd. References to "you" and "our" to be references to a person placing an order via this website.
1.2 If you have any questions regarding the website or these terms and conditions, you can contact us at:
109 King Street
Tel: 01606 836606
VAT No: 942356029
Reg No: 06722653
Registered at: 17 King Street Knutsford WA16 6DW
1.3 These Terms apply from 20th April 2009.
3. Order acceptance
3.1 All orders placed by you are subject to our acceptance. We reserve the right at all times and in our sole discretion to refuse to accept an order for any reason and without liability to you.
3.2 Orders may only be placed by individual customers purchasing goods other than for resale. Wholesale customers should contact us direct at the above address before placing an order.
3.3 After you have placed the order with us, we will send you an order acknowledgement by email with your order number and details of the product you have ordered. This email is only an acknowledgement of receipt and is not an acceptance of your order. The acceptance of your order and a contract of sale between us will not take place until you have been advised the goods you have ordered are available and these goods have been paid for in full including any applicable charges. No payment shall be considered to have been received until we have received payment in cleared funds.
4. Order placement
4.1 You may browse our website without registering but when you place your first order you will need to register with us and complete certain fields on our order form.
4.2 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 unauthorised use of your username and password. Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
4.3 Before you submit your order you will be given the opportunity to review your selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase items selected you.
4.4 If items shown on our website are not available or are incorrectly priced or incorrectly described, we shall not be obliged to sell you the items as shown.
4.5 We reserve the right to change at any time and without any previous notice the items offered on our website.
4.6 It is vitally important that you check carefully the quantity of goods that you order from us. We will deliver what you order. Whilst you have a right of cancellation you must pay for the delivery costs back to us.
5. Telephone sales
You may also order from us by telephone. You can ring us on Monday to Friday from 9.30am to 5.30pm UK time, excluding bank and public holidays. If you provide us with an email address, we will follow the same procedures as for internet sales but if not we reserve the right to follow an alternative process, of which you will be advised when you call. In the case of telephone sales, acceptance of your order follows the same procedure as with internet sales. A contract of sale between us is not formed until your order is accepted and payment in full has been received and cleared.
6. Descriptions and Product Information
6.1 We have made every effort to represent the colours of our products and its packaging as accurately as possible. However, due to differences in monitors we are unable to guarantee that the colour you see on your monitor will reflect the true colour of the product and its packaging. If you have any questions about the product you may of course contact us (see "contact us").
6.2 Amarya warrants that the goods that you buy will at the time of delivery to you correspond to the description given by Amarya. Every description or specification of the Products we sell is given in goodfaith based upon information received by us from the manufacturer of the Products.
6.3 Amarya will pass on to you any benefits obtainable under any warranty given by Amarya's supplier PROVIDED THAT you have paid for the goods.
6.4 No statement, description, information, warranty, condition or recommendation contained in any catalogue, pricelist, advertisement or communication made verbally by any employee of Amarya shall be construed to enlarge, vary or override in any way any of the provisions of these Terms.
6.5 Except where you buy as a consumer (as defined in Section 12 Unfair Contract Terms Act 1977) all warranties other than those set out above, conditions and terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute or common law or otherwise are excluded.
6.6 You warrant that except with the advice of a qualified medical adviser or health professional you will not purchase any product from us for use by a person (including yourself) who has previously suffered or experienced any reaction or intolerance to any product placed upon the skin
7.1 All prices on the website are quoted in pounds sterling (£). They include VAT payable but exclude delivery charges, which are detailed separately.
7.2 Please note that on all orders placed for delivery outside the UK it is the customer's responsibility to pay any import duties that may be applicable for deliveries within their own countries.
7.3 We may change the prices on the website at any time and without any notice.
7.4 We try to ensure that all prices given on the site are correct. However, mistakes can occur. If we have quoted an incorrect price on the site and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, we will contact you to ask if you still want to order the goods.
8. Payment terms
You confirm that the credit card/debit card that is being used is yours or that you are authorised to use it. All credit /debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non delivery. Furthermore, we are not obliged to inform you of the reason for the refusal. You should note that your bank or card issuer may charge you as a result of our processing your credit /debit card payment in accordance with your order. Amarya has no responsibility for such charges.
9.1 Where there is a delay in the supply of goods, we will advise you as soon as practicable. If the goods 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.
9.2. Orders will be sent to the delivery address that you have submitted on your order form. We cannot be held responsible if that delivery address is incorrect.
9.3 Please note that we cannot deliver to PO boxes. (There are some delivery restrictions on where we can deliver and these will be given to you on request.)
10. Delivery charges
Delivery charges will be added to your order. These are as follows:
Addresses within the United Kingdom - FREE
Addresses within the United Kingdom - Special Delivery: £6 (Please note that the order must be received before 2.00pm on a working day. Orders placed on a Friday will be guaranteed by the following Monday.)
Addresses in other parts of the EU - £10.00 per order
Addresses outside the EU - £18.00 per order
11. Returns and Exchanges Policy
28 day returns guarantee
11.1 We hope you will be totally satisfied with anything you buy from our website. If, for any reason you are unhappy with your purchase, you can return it opened and unused within 28 days of the date of despatch. The date the items were despatched to you by us will be detailed in the documentation with your order. Please ensure that all items are returned in their original packaging with their labels intact.
11.2 You must inspect all goods delivered to you immediately on receipt and in any event within three days of delivery.
11.3 You must within three days of delivery notify us of any alleged defect, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order.
11.4 If you properly reject any goods which are not in accordance with the contract between us you must nevertheless return the goods to us post-paid.
11.5 You may exchange the item for something else, subject to stock availability, or receive a full refund of the price paid (excluding any delivery charges).
11.6 The refund can only be made to the card used when paying for the order. We will email you when the item has been received and will inform you when the credit has been made to your card account. This is normally within 14 days of receipt of the goods.
11.7 If you wish to exchange an item, you will have to pay any difference in cost of the item and any additional delivery cost. We will tell you what this is so you can arrange payment.
12. Returns Procedure
12.1 When returning goods, please include your order number, full name and reason for return.
12.2 Please wrap your parcel in its original packaging and securely to avoid damage in transit back to us. Please note we cannot accept an item for refund if it has been damaged in transit to us. We advise you to obtain a proof of posting certificate if using the Post Office
Please return your parcel to:
Unit 4, Prosperity Court, Prosperity Way, Middlewich, Cheshire CW10 0GD
In any event damaged, or used items will not be exchanged nor will a refund be made.
13. Distance Selling Regulations
13.1 Under the Consumer Protection (Distance Selling) Regulations 2000 and 2005 you have a right to cancel orders for items purchased from our website within a statutory cooling-off period. This is normally 7 working days from the day after the date on which the item in question was delivered.
13.2 To cancel your order, please provide us with notice either by letter or email, in each case within the statutory cooling off period and giving details of the items ordered, the order number and (where appropriate) their delivery date.
13.3 If you exercise your right to cancellation after the item has been delivered to you, please follow the instructions for returns above.
13.4 Please note you are responsible for the costs of returning the items to us unless we delivered it in error.
14. Title, Risk and Limitation of Liability
14.1 Title of the products will be transferred to you on delivery.
14.2 Once a product has been received by you, all risk of damage to or loss of the items bought by you will pass to you.
14.3 To the full extent allowed by law you accept and agree that we shall not be liable to you or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of your use of our website and from any product you use.
14.4 Nothing in these Terms, shall limit or exclude our liability for personal injury or death caused by our negligence
15. Trademarks, Copyright, Intellectual Property
The Amarya trade mark remains the exclusive property of Amarya Limited and its affiliates and as such is protected by international and UK copyright and other intellectual property laws.