General Terms and Conditions of Sale

1. Definitions

Carriers: DPD.

Commercial Documentation: shall designate all information pertaining to the Products featured on the Site, notably their description.

Contract: means these General Terms and Conditions of Sale (or “T&CS”). The Customer hereby waives the right to rely on any contradictory document that would be in conflict with the T&CS and that would therefore be unenforceable against the Seller.

Customer: means any User who has placed an Order on the Web Site. The rights and obligations of the User necessarily apply to the Customer.

Gift: refers to all items given free of charge to a Customer as part of an Orden, such as, but not limited to: samples, tote bags, kits…

Order: refers to the process, for the Customer, to select the Products, purchase them and have them delivered.

Parties: refers jointly to the Seller and the Users of the Site.

Personal data: refers to any information relating to a Customer and/or a User, whether a natural or legal person, identified or identifiable.

Products: refers to the cosmetic products, accessories, and derived products available for sale on the Site.

Seller: designates the company myBlend as identified in article 3 of the present T&CS.

Site: refers to the website www.my-blend.co.uk.

Treatment service(s): refers to any treatment service provided by the Seller in one of its institutes and which will be booked by the Customer via their personal account, accessible from a dedicated interface.

User: refers to any individual or legal entity accessing the Site, whether or not they are a Client.

2. Site

The Site is an electronic commerce site accessible via the Internet at www.my-blend.co.uk. It is open to all users of this network.

It is edited by: myBlend, a one-man simplified joint stock company with a capital of €1,000,000 registered with the Nanterre Trade and Companies Registry under number 449 848 803.

Head office: 9, rue du Commandant Pilot – 92200 Neuilly sur Seine, France.

Contact: help@my-blend.co.uk

VAT NUMBER: FR68449848803

Director of Publication: Olivier Courtin.

It is hosted by: WakeMeUp through Scaleway.

3. Subject of the General Terms and Conditions – Acceptance of the General Terms and Conditions – Modifications to the General Terms and Conditions

Purpose: These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

Acceptance: Any Order of Product proposed on the Site implies the consultation and the express acceptance of the present T&CS, this acceptance is not conditioned by a handwritten signature of the User.
Users are advised to consult the T&CS regularly at https://my-blend.co.uk/general-terms-and-conditions-of-sale/. The User may save or print these terms and conditions of sale, provided that they are not modified.

Modification: The Vendor reserves the right to modify these General Terms and Conditions of Sale at any time, without prior notice, in order to take into account any legal, jurisprudential and/or technical developments, it being understood that such modifications shall not apply to reservations and Orders previously accepted and confirmed by the Customer. Thus, the version applicable to an Order shall be the one in effect at the time the Order is placed.
In any case, the fact that the User continues to use the Site after being informed of the modification of the T&CS implies the acceptance of the modifications of the latter by the User.

Update: The version of the T&CS that prevails is the last updated version on the Site.

Prevalence: The T&CS apply to the exclusion of any other document.

Seller: The Seller is the company myBlend, a one-man simplified joint stock company with a capital of €1,000,000 registered with the Nanterre Trade and Companies Registry under number 449 848 803.

Intracommunity VAT number: FR68449848803

Contact email: help@my-blend.co.uk

4. Geographic scope – Description of the Products sold on site

All the offers of products proposed on the Site are limited to www.myblend.co.uk

Prior to placing an order, the Customer may check the main features of any product or products they wish to order, by consulting the Site.

myBlend reserves the right to cancel an order(s) in the event of promotional misuse or suspected suspicious activity. The customer will be contacted to advise if their order has been cancelled due to this reason.

If you obtain a product/item on your order for free due to a technical error, you are obliged to pay the value of goods received or alternatively return the goods in full to myBlend.

The Seller makes its best efforts to ensure that the photographic representation of the Products on the Site is faithful to the Products.

For any question relating to the Products and their use, any additional question or request for advice, the Customer may contact the Seller’s customer service department through the contact form.

Stock availability

Information on the availability of the Products is provided to the Customer at the time the Order is placed. Nevertheless, errors or modifications may exceptionally occur.

Simply adding a Product to the shopping cart does not constitute validation of the Order. A Product may become unavailable between the time it is added to the shopping cart and the time the Order is validated, in which case the Customer will be informed.

In the event of total or partial unavailability of Products after the Order has been placed, Customer shall be informed by e-mail, as soon as possible, of the unavailability of the Product and of the modification (partial unavailability) or cancellation (total unavailability) of their Order.

In case of cancellation of the Order due to total unavailability of the Products, the Customer will not be charged or will be refunded. In case of partial unavailability of the Product, the Customer will be refunded the amount of the unavailable product.

The Seller shall not be held responsible for any damage related to the unavailability of one or more Products ordered by the Customer.

5. Product prices – Shipping costs – Taxes – Promotional offers

The prices shown on this Site are in pounds sterling, including all taxes, with it being stipulated that products ordered are invoiced at the price in force when the order is registered. They do not include shipping charges, which are invoiced in addition to the price of the purchased products, according to the total amount of the order. Shipping charges will be shown before the Customer is asked to confirm the order.

Prices include value added tax (VAT), at the rate in force on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by the Vendor on its Site.

Purchase offers, including special promotions, are valid for as long as they are visible on the Site. Please note that all special offers running on www.myblend.co.uk are subject to stock availability. In the event we are out of stock on certain gifts, the offer will be removed or refreshed accordingly or alternatively, where possible, substitutions of samples or free gift items may be made without notice. Samples and trial size products may only be included in your order if you have purchased a full sized product (not including gift boxes or beauty for all charity kit) – they are not to be sold individually.

Upon signing up to the myBlend newsletter, the user will receive 10% off their first order valid for 1 month. The coupon will not have any minimum purchase price condition but excludes the LED Face & Neck Mask. The coupon can only be used once and cannot be applied to previous placed orders. The coupon cannot be combined with any other promotion or offer and can only be used on the myBlend website. myBlend reserves the right to modify the percentage of the coupon, pause or end the coupon at any time.

6. Legal capacity – Conditions for purchase

The User must be a duly represented legal entity or a natural person of legal age who has the legal capacity to place an Order with the Seller. Otherwise, the User must have the authorization of his legal representative, which he expressly acknowledges and accepts. The Vendor shall not be required to verify the legal capacity of its Customers under any circumstances.

By placing an Order, User represents and warrants that it is a bona fide Customer and End-User making a purchase for its own use or the personal use of a third party, and that it is not engaging in the business of selling or otherwise distributing the Products, or purchasing the Products or services for commercial purposes.

The choice and purchase of a Product are the sole responsibility of the Customer.

7. Ordering Process

Navigation within the Site

The User can take note of the various Products offered for sale by the Seller on its Site.

The User may browse freely through the various pages of the Site without being bound by an Order.

Registration of an Order

If the User wishes to place an order, they will select the various Products in which they are interested, and will express this interest by clicking on “Add to cart”.

At any time, the User may:

• Obtain a summary of the Products they have selected, by clicking on the basket;
• Continue or amend their selection of Products ;
• Complete their selection of Products and order these Products by clicking on “Continue”.

To place an Order, the User may:

• Create a personal account;
• Proceed to the payment of the selected Products without creating a personal account, this creation of a personal account is optional.

Conditions for placing an order

Customers agree that Seller’s Order registration systems shall be deemed proof of the nature and date of the Agreement.

Consequences of placing an Order

The Contract is concluded when the Customer confirm their Order by clicking on the icon “Validate the order”.

Any Order implies full and unconditional acceptance of these T&CS and the Privacy Policy. These two documents are brought to the attention of the Customer prior to any Order.

The Client acknowledges that the placing of an Order implies an obligation to pay for it. The Customer agrees to the prices, volume, specifications, quantities and delivery times of the Products ordered.

Upon registration of the Order, the Customer will receive four (4) emails:

• A detailed order confirmation, which informs the Customer of the Seller’s acceptance of the Order and confirms the transaction, provided that payment has been made;
• A second e-mail will be sent to inform the Customer that the Order is being prepared by the Seller’s logistics provider;
• A third email will be sent to inform the Customer of the shipment of the Order. This e-mail will include a summary of the Customer’s purchases, the exact amount invoiced and a link to track the delivery.
• Finally, a thank you email for the Order with advice on the products in the Order.

The sale will be definitive provided that the Customers do not exercise their right of withdrawal under the conditions laid out in article 11 of these T&CS.

However, the Seller reserves the right to suspend or cancel any Order from a Customer with whom there is a dispute over payment of a previous Order, or for any other legitimate reason, in particular the abnormal nature of the Order.

8. Payments

Terms of Payment

All orders are payable in pounds sterling.

To pay for their order, the Customer must use the following method of payment: bank card or PayPal. The following bank cards are accepted on the Site: Visa, MasterCard and American Express.

The Customer guarantees the Vendor that they have been granted any authorizations required to use their chosen method of payment, when registering the purchase order.

In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, the Vendor reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.

Charges on any unpaid amount will be automatically incurred at the legal interest rate plus 5 percent following a period of ten days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment.

As part of the measures taken to prevent fraud over the Internet, information concerning the Customer’s order may be sent to any competent authority for verification.

To ensure secure credit card payment, the Customer must send the card security code of the bank card being used.

Secure payments on the Site are guaranteed by CyberSource.

9. Delivery – Shipping – Receipt of Orders

Delivery Address and Methods

Delivery times

Orders will be delivered within an average of 2 to 6 days as from the day on which the Vendor receives the order, according to the selected method of delivery and no later than 30 days as from reception of the order, subject to full payment of the price.

As the Vendor uses external service providers to ship the Orders, the delivery times may be affected by the service providers without the Vendor being held responsible for these shipping delays and the consequences that may result from them.

It is expressly agreed that in the event that the Seller is unable to deliver a Product under the conditions set forth herein due to a failure on the part of one of its suppliers (late delivery, non-conformity of the Order, etc.), the Customer shall be informed by the Seller as soon as possible and by any means. In this case, the Customer shall not be charged for the Product in question, or shall be reimbursed within 14 (fourteen) days from the date of notification to the Customer of the impossibility of delivery. The Seller’s liability is therefore limited to the amount of the Product ordered by the Customer.

Delay / non-delivery

Loss of packages during transport

The Carriers used by the Seller are very reliable services. However, it is possible, as in any shipment, that a delay occurs in delivery or that the package gets lost. In the case of a delay in delivery of more than 7 days, the Customer must inform the Seller’s customer service who will transmit the information to the Carrier to initiate an investigation. This investigation may last up to 21 days from the date of its opening. If during this period, the parcel is found, it will be forwarded immediately to the Customer’s indicated address.tr If on the other hand the parcel is not found at the end of the 21 days investigation period, the Carrier considers the parcel as lost. In this case, the Seller will send a replacement parcel to the Customer, at his expense. If the lost product(s) is (are) no longer available at that time, the Seller will reimburse the Customer of the amount of these products.

Anomalies

Any anomaly concerning the delivery (damage, open package, damaged package, broken products…) must be indicated on the delivery slip in the form of “handwritten reserves”, accompanied by the Customer’s signature. The Customer shall report the anomaly as soon as possible to the Seller’s Customer Service at the following e-mail address: help@my-blend.co.uk so that a claim can be made to the Carrier. The Customer shall return the Products to the Seller who shall send back the replacement product(s) at his own expense. If the product(s) is (are) no longer available, the Vendor will reimburse the Customer for the product(s).

10. Right of withdrawal

The Customer has a period of 30 working days as from the date of reception, to return the ordered products at their own expense for reimbursement.

The reimbursement will be made by any method of payment that the Customer has chosen after exercising their right of withdrawal, no later than 30 days following the date on which the right was exercised.

11. Conditions for the return of the Products

Whatever the reason for returning products to the Vendor, the Customer is advised to contact our Customer Services Team through the contact form in order to facilitate processing a return.

Any risk related to the return of products is borne by the Customer.

12. Delivery – Shipping – Receipt of Orders

The Seller retains full ownership of the Products sold until full payment of the price, in principal, costs and taxes included.

13. Delivery – Shipping – Receipt of Orders

The Seller shall not be held responsible for the non-performance of the Contract in case of stock shortage, except in case of price promotion not intended to clear the stocks, or in case of unavailability of the Product due to a case of force majeure.

The liability of the Seller under the obligations of these T&CS shall not be incurred in the event that the non-performance of their obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts, or to any other event which was not reasonably under the exclusive control of the Seller.

The Seller declines all responsibility:

• for any interruption of the Site;
• for any occurrence of bugs on the Site;
• for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site;
• and more generally for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular loss of profits, customers, data or any other loss of intangible assets that may arise from anyone’s access to the Site or inability to access it or from the credit given to any information coming directly or indirectly from the latter.

Should Seller’s liability be established and upheld for any loss suffered by Customer that is attributable solely to the placing of an Order, such liability shall be limited to the amount of the Order paid by Customer to Seller.

14. Intellectual Property

The Site and all of its components (including, but not limited to: source code, graphic design, products, trademarks, designs, models, photographs, videos, texts, names, illustrations, logos, animated or non- animated sequences, sound or otherwise, graphics, etc.) and their compilation are the exclusive property of the Vendor. The Seller does not grant any license or authorization or any right to the User and the Customer other than that of consulting the Site. Neither the Site (in whole or in part), nor any of its component parts may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without the prior written consent of the Vendor.

15. Personal data

The information collected shall be used by the Vendor and its service providers in order to process the Customer’s Order and to send, unless the Customer and/or User objects, information about the Vendor’s Products, services and healthcare benefits, to carry out customer relationship management (CRM) operations and/or to manage the Customer’s membership in the loyalty program. The Customer and/or the User has the right to access, rectify, oppose and delete data concerning them by contacting our Customer Services Team through the contact form.

To learn more about the Seller’s policy on the protection of personal data, the Customer and/or User is invited to consult the Privacy Policy.

16. Ratings & Reviews Policy

This Policy applies to the use of the “Ratings & Reviews” service (“Service”) provided by the company CUSTOMER REVIEWS LTD on behalf of the company myBlend on the website https://my-blend.co.uk (“Website”). This Service offers you the possibility to share your opinion and your experience on myBlend products and to consult the reviews published by other users. The posting of a review on the product description implies the prior acceptance of this Moderation Policy, via a checkbox in the form allowing you to post a Review.

myBlend reserves the right to modify this Policy at any time without prior notice. Any modification will be published on this page. We invite you to refer to this page regularly.

PURPOSE OF THE RATING & REVIEWS SERVICE

• The Service, which is made available on our Website, allows every user who visits the Site (“User”) to leave his/her opinion, suggestions and/or possible recommendations (“Reviews”) on the myBlend products and to give them a rating, which is represented by a number of stars. The stars appearing on the Website next to the products correspond to the average of the ratings expressed for this product.
• The Reviews published by the Service Users correspond to individual feedback and express their personal opinions on myBlend products.

CONDITIONS OF USE OF THE RATING & REVIEWS SERVICE

• The content of a Review is the responsibility of the User who posts the Review. Therefore, myBlend cannot be held responsible for the contents of the Reviews left by the Users. The User must specify if he/she has written a review regarding the use of samples.
• A Review must include a title, a comment (which is not being limited by a number of characters) and a rating expressed as a number of stars, which may vary from one to five stars.
• By submitting Content, you hereby grant myBlend a worldwide, royalty-free, non-exclusive, perpetual license to represent and reproduce by any means and process, and in any format (myBlend websites, social media, media, etc.), to translate, adapt, convert, create derivative works, use and run all or part of your Content in association with the myBlend brand, for the entire legal duration of the intellectual property rights.
• The User undertakes not to post Reviews which are contrary to public order, good morals or current legislation, which are likely to infringe the third parties rights or which are unintelligible or inappropriate, such as :
  – content of a defamatory, insulting, obscene, racist or offensive nature or which mention illegal activities of any kind ;
  – content of a denigrating or malicious nature ;
  – content of a violent or pornographic nature, or which is likely to infringe the respect for the human being or his dignity, equality between women and men or the protection of children and adolescents ;
  – messages encouraging the perpetration of crimes and offences, violence, discrimination or racial hatred ;
  – the usurpation of a name, e-mail or company name ;
  – the total or partial reproduction of content protected by an intellectual property right and for which the User does not have rights, as well as messages infringing a registered trademark ;
  – messages that are illegible and/or incomprehensible to the moderator (empty comments, incomprehensible sequence of letters, etc.).
• Users are prohibited from using the Service for propaganda, prospection, solicitation or proselytising, for professional, commercial or political purposes (such as advertisements, references to others brands’ products, commercial offers or Internet websites, etc.).
• Reviews must not be contrary to this Moderation Policy and must not harm the reputation of myBlend.
  Users wishing to express their questions or comments concerning logistical problems encountered during their order or possible intolerances linked to the application of a product are invited to contact myBlend Customer Service directly through the contact form.

CONDITIONS FOR MODERATING REVIEWS

• The a priori control and moderation are carried out immediately by myBlend and are aimed to identify any suspicious content regarding the conditions laid down in articles 2.2 to 2.5 of this Policy.
• myBlend may decide to reject a Review when it violates the conditions set out in this Policy. On the other hand, the Reviews are not subject to any modification (including in the event of grammatical or spelling errors) and are not deleted on the basis that they are negative.
• If a Review is rejected, the User will be notified by email. Reviews cannot be modified after publication but the User may at any time request their deletion or report a doubt about their authenticity by contacting Customer Services through the contact form.
• The Reviews published will be visible on the Website for the duration of the marketing of the relevant product.
• Reviews are presented by product from the most recent to the oldest.

CONDITIONS FOR MODERATING REVIEWS

The User is the sole author and/or owner of all the rights relating to the Review, or has an authorisation and/or a licence on the Review that he/she posts on the Website.
By submitting a Review, the User grants myBlend a free licence, with the right to sub-licence to any person of its choice, non-exclusive and worldwide, to represent by any means, to reproduce by any means and on any medium (press, publishing, printed/digital displays, POS advertising, myBlend websites, social networks, media, etc.), to translate, adapt, modify, publish, distribute, copy, transform, create derivative works, use and exploit in association with the myBlend brand all or part of the Review’s content, in particular for internal/external communication, public relations, retrospective, commercial, promotional and advertising purposes, for the entire duration of the relevant product’s marketing, within the limit of ten (10) years.
The User guarantees that he/she has all the rights and authorisations necessary for the quiet enjoyment by myBlend of the rights granted to him/her.

PERSONAL DATA

The personal data collected within the framework of the Service (name, first name, e-mail address) are processed by CUSTOMER REVIEWS LTD on behalf of myBlend in order to publish the Review and to carry out customer relationship management operations.
The personal data are retained for as long as it is necessary to fulfil the purpose for which it was collected, in accordance with the applicable laws. Failure to reply to an optional field shall have no consequence on the request’s processing.
The User has a right of access, rectification, deletion and portability of his personal data, as well as a right of opposition and limitation of the processing that he/she can exercise by contacting the Customer Service through the contact form.
For more information, the User is prompted to refer to the personal data protection policies of myBlend and CUSTOMER REVIEWS LTD.

17. Applicable law and jurisdiction

These T&CS and the sale of Products and Services by the Seller are subject to UK law.

18. Mediation

In the event of a dispute regarding an Order, the Customer shall first contact the Salesperson by e-mail at help@my-blend.co.uk in order to find an amicable solution.

If Customer Care are unable to resolve its complaint to his/her satisfaction, the Customer may refer his/her complaint to RICS.

RICS is an Alternative Dispute Resolution provider and is free for consumers to use. RICS is approved by Chartered Trading Standards Institute (CTSI) to provide dispute resolution services and undertake an independent review of your complaint, pursuant to the Alternative Dispute Resolution (ADR) for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

Complaints can be raised to RICS in the following ways:

• The Customer applies to RICS for the appointment of a mediator.
• The Customer should complete the application form DRS2 CM available on www.rics.org/drs and send it to RICS Dispute Resolution Service by email to drs@rics.org or by post to 55 Colmore Row, Birmingham B3 2AA. The form should detail the issues in dispute.

More information is available on : https://www.rics.org/uk/products/dispute-resolution-service/drs-services/consumer-mediation-scheme/

19. Miscellaneous provisions

Partial invalidity

If one or more provisions of these T&CS are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other provisions shall retain all their force and scope.

Non-waiver

The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the T&CS shall not be interpreted for the future as a waiver of the obligation in question.