Terms & Conditions

These Terms and Conditions (the "Terms") together with our Privacy Policy govern a Customer's ("you" or "your") use of www.gellifique.co.uk or www.gellifique.com (the "Websites"), any purchase of our products and your relationship with GellifiQue LTD, a company incorporated in Scotland with (company number SC521529) having its registered address at 159 Great Junction street, Edinburgh, EH6 5LG ("we", "us" or "our").

When you engage with us you acknowledge you have read the Terms carefully as they affect your rights and liabilities under the law and by ordering any of our products or registering your interest, you agree to be bound by the Terms. If you do not agree to the Terms, you should not register with, use our Websites or purchase any products from us.

We reserve the right to amend these Terms from time to time and it is your responsibility each time you order products or register your interest on the Websites to check these Terms. Every time you order products or register your interest on the Websites, these Terms will apply.

Definition and Interpretation
1. In these Terms:
  "Agreement" means the agreement between us and you for the supply of the Products incorporating these Terms and any Order as confirmed by us;
  
  "Customer Information" means your details including without limitation, your name and address, principal contact, purchasing history, pricing and any other information relating to the our relationship with the you;
  
  "Delivery Location" means the place where the Products are to be delivered;
  
  "Order" means your order for the Products, made via the Websites as confirmed by us via Order Confirmation;
  
  "Order Confirmation" means the email received by you after payment and acceptance of your Order confirming that the Order is to be despatched;
  
  "Price" means the price for the Products as set out on the Website;
  
  "Product(s)" means those products provided and sold by us as detailed in you Order;
  
  "VAT" means value added tax, as defined by the Value Added Tax Act 1994; and
  
  "Working Day" means any day (other than a Saturday or Sunday) on which banks are open in Edinburgh for normal banking business;
2. In these Terms:
  1. a reference to a gender includes each other gender;
  2. words in the singular include the plural and vice versa;
  3. any words that follow 'include', 'includes', 'including', 'in particular' or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
  4. any reference to "writing" or "written" shall include email.
Customers
1. We only supply our Products to fully trained beauty industry professionals or individuals that are in training in the industry. By placing an Order for Products with us you are confirming that you are engaging with us in a business capacity and purchasing the Products for the purpose of that business and not for personal use as a consumer. The Products are sold on the understanding that they will be used for their intended purpose and you should be qualified to use the Products.
2. We reserve the right to ask you for proof of certification, qualification or professional status prior to accepting your Order.
3. As a business customer, it is your sole responsibility to ensure that you are insured in terms of the Products and how they are being used once purchased by you. We accept no responsibility for the actions of trained or untrained personnel once the Product has been purchased and supplied by us.
4. You agree not to use the products for any commercial, or re-sale purposes unless agreed between you and us or accordance with the Opportunity Terms [ ].
Account Creation
1. To place and Order you must first create an account by completing and submitting an account registration form. Where you do this you agree:
  1. to provide true, accurate, current and complete information as prompted by the relevant form; and
  2. that they will not impersonate any other person or use a false name that they are not authorised to use.
2. You must not allow any other person to use your account to purchase Products on our Websites.
3. User name and password
  Once you have created an account, your username will be their email address and you will be required to choose a unique password that gives you access to your account. You are fully responsible for (i) maintaining the confidentiality of your username and password and (ii) editing your username and password as and when required and you accept full responsibility for all activities that occur through their account. You agree to:
  1. notify us immediately if they become aware of any unauthorised use of their password or account or any other breach of security by sending an appropriately worded email to us; and
  2. ensure that you exit from their account at the end of each session and we cannot and will not be liable for any claims, loss or damage of any nature whatsoever, including indirect, consequential or economic losses of profit arising from your failure to comply with these requirements.
4. You agree that you are responsible for using the Websites responsibly.
Orders
1. You can order Products online through our Websites. An Order shall constitute an offer by you to purchase our Products on the terms of this Agreement and we may accept or reject an Order at our discretion.
2. When you place your Order we will send youan email to confirm that we have received it. This email will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order and all orders are subject to availability. Once we have sent the confirmation email we will then check availability and if Products are not available we will contact you by email and will not process yourOrder.
3. An Order shall not be accepted, and no binding agreement shall arise, until the Order is dispatched by us and we issue an Order Confirmation.
4. We will advise you as soon as practicable if we:
  1. cannot fulfil an Order;
  2. considers that you are ineligible for an offer which they sought to take advantage of when placing an Order; or
  3. at its discretion, refuses to process an Order.
5. Marketing and other promotional material relating to the Products are illustrative only and do not form part of this Agreement. You agree that, in submitting an Order, you have not relied on any representations or statements by us other than those expressly set out in this Agreement.
6. Any images of the Products (including packaging) on our Websites are for illustration purposes only. Although we have made reasonable efforts to display the appearance of the Products accurately, we do not guarantee that the Products you receive reflect the images of the Products on our Websites.
7. We reserve the right but are not obligated, to limit the sales of our Products to anyperson, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
8. You may only use one discount code with each Order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
9. We reserve the right to limit the quantities ordered of any Products that we offer.
10. We reserve the right to discontinue any Product at any time.
11. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product will be corrected.
12. We may cancel any Order and not supply the Products if we believe it is reasonable to do so.
13. If an Order is cancelled, any payment made for the Products will be refunded in full or we may suggest an alternative Product, but will not substitute the Product without you agreement. Any change to an Order may change the Price payable. This does not affect your Statutory Rights.
14. Should you have any issues with and/or comments or concerns about an Order or our Products you will address these in accordance with Clause 12.
Price
1. The Price for Products is set out on our Websites, unless such other price is agreed between you and us in writing.
2. The Price is payable by you when placing an Order.
3. The Price for the Products shall be in pounds sterling (£) unless converted to another currency based on geographical location by our Websites. We cannot be held responsible for adverse currency fluctuations and the conversion rate is set at the point of authorisation of your payment.
4. The Price is exclusive of:
  1. packaging, and delivery;
  2. VAT (or equivalent sales tax) at the current rates;
  3. but not any shipping, import or other customs duties for which you are responsible
  which will be shown at point of checkout (where relevant).
5. If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
6. Please note that when shipping Products from outside the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all Products dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the Products and must therefore comply with all the laws and regulations of the country into which the Products are being delivered.
7. If an Order is undelivered or refused by you, we will not be able to provide a refund for any shipping fees, import charges or customs duties upon the Order being returned to us and us issuing a refund in accordance with clause 7.1. Any shipping fees, import charges or customs duties we may be billed for, in relation to your Order, will be deducted from your refund.
8. You will be asked to provide secure card payment or payment provider details to confirm and conclude your purchase your Order. Once a card payment and/or payment provider's details have been inserted and confirmed, your method of payment will be accepted and securely processed. Payment will be debited and cleared from your account before we dispatch your Order or any Products to you.
9. All descriptions of Products or Product pricing is subject to change at any time without notice.
10. Prices, promotions and specifications can change without notice and Products are subject to availability. We reserve the right to correct any pricing errors or misprints which we later discover. Should an error occur following your Order Confirmation we will notify you of any such error to discuss the correct Price and seek agreement to proceed with the sale at the correct Price or to refund the incorrect price without receiving the Products.
11. You will pay all Orders in full without deduction or set-off other than as required by law, in cleared funds at the time of placing an Order. Time of payment is of the essence.
12. We use PayPal and Stripe and other providers, listed here or in our Privacy Policy, as our payment platforms. These companies employ the latest security measures to protect your details when you shop with them and use their services. For further details when using their services please see their terms and conditions.
13. If the issuer of your payment refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
Delivery
1. Each Order shall specify the Delivery Location.
2. An Order shall be deemed delivered on arrival of the Order at the Delivery Location.
3. It is your responsibility to provide full address details and neither we nor our carrier will be liable for non-receipt of an Order. We will arrange delivery to the address as it has been entered at checkout and do not accept any liability for late or failed delivery.
4. Time of delivery is not of the essence. We shall use its reasonable endeavours to estimate and meet delivery dates but such dates are approximate only.
5. We shall not be liable for any delay in or failure of delivery caused by your failure to: (i) make the Delivery Location available, or (ii) provide us with adequate instructions for delivery.
6. We shall not be liable for any delay in or failure of delivery caused by a Force Majeure Event as defined in clause 14.
7. Most Orders placed before 2.00 pm (Monday-Friday) will be delivered within 3-5 Working Days between the hours of 9.00 am and 5.30 pm, though no guarantee is made. No orders are processed, dispatched or delivered on Bank Holidays or weekends.
Returns
1. Should you wish to return a Product for any reason you must notify us within 48 hours of receipt of your Order. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return. We will then reply with a unique returns authorisation number and the address you need to send the item to.
2. When returning the Product You'll need to package the Products(s) securely and include the following:
  1. your order number;
  2. the returns authorisation number;
  3. whether a replacement or refund is needed; and
  4. the reason why you are returning the Product(s).
3. Any returned Products must be returned to us unopened, in their original packaging and in good condition within 14 days of receiving your return authorisation number, to receive a refund. All refunds and reimbursements will be arranged within 30 days of our acceptance after safe receipt of the returned Products. PLEASE NOTE: Upon receipt, all products are weighted and thoroughly inspected. If the Product is established to be returned not in its pre-sale condition it will be disposed of and no refund will be made.
4. Any discount, discount code or offer used or applied at checkout when purchasing an Order will be applied to any returned Order and/or Products in whole and in part.
5. The burden of the shipping cost for all returns being made will be handled by the sender.
6. We shall, at our option, replace, or refund the Price of, any Products that are deemed faulty by you, provided that you serves a written notice on us and:
  1. provides us with sufficient information as to the nature and extent of the fault and the uses to which the Products had been put prior to the fault arising;
  2. gives us a reasonable opportunity to examine the faulty Products; and
  3. returns the defective Products to the us at your own risk and expense.
7. We shall not be liable for any failure of the Products to comply with clause 7.1:
  1. where such failure arises by reason of wear and tear, wilful damage, negligence, or could be expected to arise in the normal course of use of the Products;
  2. to the extent caused by your failure to comply with the our instructions in relation to the Products; or
  3. where you have used any of the Products.
8. Except as set out in this Agreement we gives no warranty and makes no representations in relation to the Products; and shall have no liability for their failure to comply with all warranties and conditions whether express or implied by statute, common law or are otherwise are excluded to the extent permitted.
Product Warranty
1. We warrant that our Products (to the exclusion of the PRO-CURE MINI UV/LED LAMP):
  1. are as described, fit for purpose and of satisfactory quality; and
  2. will comply with all applicable legislation, regulations and standards.
2. We acknowledge we are under a legal duty to supply you with Products that conform to the terms of this Agreement.
3. The PRO-CURE MINI UV/LED LAMP (the "Lamp"). We warrant that the Lamp shall, for a period of twelve months from delivery (the "Warranty Period"):
  1. conform in all material respects to its description and specification on the Website and included instructions;
  2. be free from material defects in design, material and workmanship.
4. We shall, at its option, repair, replace, or refund the Price of, any Lamp that does not comply with clause 8.1, provided that you serve a written notice on us during the Warranty Period:
  1. in the case of defects discoverable by a physical inspection.
  2. provides us with sufficient information as to the nature and extent of the defects and the uses to which the Lamp had been put prior to the defect arising;
  3. returns the defective Lamps to the us at your expense; and
  4. gives us a reasonable opportunity to examine the defective Lamp.
  5. We shall not be liable for any failure of the Lamp to comply with clause 8.1:
    1. where such failure arises by reason of wear and tear, willful damage, negligence, or could be expected to arise in the normal course of use of the Lamp;
      1. to the extent caused by your failure to comply with our instructions in relation to the Lamp, including any instructions on installation, operation, storage or maintenance;
      2. to the extent caused by us following any specification or requirement of the you in relation to the Lamp;
    2. where the you modify a Lamp without our prior consent or, having received such consent, not in accordance with our instructions; or
    3. where you use any Lamp after notifying the us that it does not comply with clause 8.1.
5. Except as set out in this clause 8:
  1. we give no warranty and makes no representations in relation to Products; and
  2. shall have no liability for their failure to comply with the warranty in clause 8.1.
6. All warranties and conditions (including the conditions implied by ss 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted.
Limitation of liability
1. The extent of the parties' liability under or in connection with this Agreement (regardless of whether such liability arises in delict, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 9.
2. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any direct claims, damages or losses (included but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy or loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of our Products and Websites and that you will have personal liability for, and will indemnify us for, any loss, liability, costs (including legal costs), damages and/or expenses incurred by us in connection with an Order including without limitation, for any injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation or misuse by you regarding or relating to our Products.
3. In terms of any liability arising in relation to our Products, subject to clauses 9.4 and 9.5, our total liability shall not exceed the sum of the Order disputed and we shall not be liable for and consequential, indirect or special losses.
4. Notwithstanding any other provision of this Agreement, the liability of the parties shall not be limited in any way in respect of the following:
  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation;
  3. any other losses which cannot be excluded or limited by applicable law.
5. For the avoidance of doubt, we shall not in any event be liable to you or any third party for any claims, liabilities, damages, costs or losses, whether direct or indirect, or for any loss of revenue, business, anticipated savings or profit arising in connection with your failure to comply with any or all of its obligations under this Agreement.
6. PLEASE NOTE our UV/LED Gel Based products contain Acrylates. It is your responsibility to test the Products before use. We do not guarantee the complete absence of risk of an allergic reaction. However, our formulation has been designed to reduce possibilities of allergic reactions by removing known chemical substances which are not currently banned however, have confirmed health warnings as per Section 14 of Material Safety Data Sheets. Gellifique® products which are marked with "Hypoallergenic" do not contain HEMA (2-Hydroxypropyl Methacrylate), HPMA, Isobornyl Acrylate, THFA (Tetrahydrofurfuryl Acrylate) or Trimethylbenzoyl Diphenylphospide Oxide. It is your responsibility to familiarise yourself with the product ingredient lists and application guidelines prior to purchasing.
7. We do not accept responsibility for Orders which we do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
Consumer Rights
You acknowledge that you are not contracting as a consumer but as a business, and so do not have any consumer rights.
Competitions, Multi-Buy and Gifts
1. We may run competitions from time to time. The Competitions will be run in accordance with a set of rules. These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
2. Multi-buy offers are only applicable to those Products for which they are listed and/or advertised on the Websites. When you checkout the Multi-Buy offer will be applied for the qualifying Products.
3. Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for an alternative gift.
4. In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to 'purchase' the free gift without purchasing the product it is provided free with and any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.
5. For any further details on the provisions stated in this Clause 11 including any further details on Competitions, Multi-Buy and/or Gifts, please contact us.
Disputes
1. If you are dissatisfied with your Order or our Products in any way you must advise us within 5 Working Days of delivery or you will be deemed to accept them.
2. Where a dispute arises in relation to our Products, at first instance you will give us an opportunity to rectify the issue.
3. In relation to your dissatisfaction or dispute, you must provide written evidence of the whole or part of the Product in issue. Submitting a dispute or dissatisfaction via social media will not be accepted. Should you not provide such written evidence, we reserve the right to close your dispute within 14 days of your notification of such dispute under 12.1 above.
4. You agree that our decision on whether it is appropriate to provide a discount or refund (in whole or in part) to you is entirely at our discretion and our decision will be final and binding.
GellifiQue LTD
1. The content of our Websites are protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of our Websites on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
2. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our Websites without written permission from us.
3. No license is granted to you in these Terms to use any trademark or service marks of "GellifiQue LTD" or its licensors including, without limitation, the trademarks, or servicemarks.
4. When receiving documentation from us concerning the formulation/chemical composition of our Products as part of our proprietary rights we hold the right, where necessary and reasonable, to withhold certain information; such as exact measurements and percentage of chemical ingredients in our Products in order to protect our formulation from competitors.
5. All of the documentation we hold is produced according to the rules and regulation governing the EU/UK cosmetics market.
6. By law, cosmetic companies must provide a reasonable amount of evidence to support their product's claims. We are able and willing to demonstrate Safety Reports only to bodies governing the cosmetic industry. These detailed documents will not be available to the general members of the public.
Force Majeure
Notwithstanding anything else contained in this Agreement, neither party will be liable for any delay in performing, or non-performance of, its obligations hereunder if such delay or non-performance is caused by circumstances beyond the reasonable control of the party so delaying or non-performing, including but not limited to strikes, lock outs, labour disputes, acts of God, war, riot civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, disease, pandemic, epidemic, fire, flood, storm or adverse weather conditions ("Force Majeure Event") and such party shall be entitled (subject to giving the other party full particulars of the circumstances in question and to using all reasonable endeavours to resume full performance without avoidable delay) to a reasonable extension of time for the performance of such obligations.
Data Protection
We are committed to protecting your privacy. We will only use the Customer Information that we collect about you lawfully in accordance with the Data Protection Act 2018 or any other relevant legislation. For further information please see our Privacy Policy at [ ].
Reviews
1. If you submit a review about the Products, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
2. You grant us the right to use the name that you submit in connection with such content, if we choose and you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
3. You represent and warrant that you own or otherwise control all of the rights to the content that you post; as at the date that the content or material is submitted to and/or reviewed by us.
4. You remain liable for any and all content and reviews you posted and will hold us harmless in full in respect of any losses, liabilities, costs, claims, fines, penalties and expenses you may face as a result.
Links and Social Media
1. We may provide links to the websites of other companies. Links from the Websites to other sites and advertisements are only for information. We do not accept responsibility for any other sites or any loss you suffer from using them (this disclaimer does not affect your statutory rights against that third party).
2. We are not endorsed, sponsored or administered by social media, nor is any social media associated with us in any way. All social media providers are released from any responsibility in relation to us, and both we and you shall hold all social media harmless for any claim raised in relation to the Agreement.
General
1. Please read the instructions, manuals and other user documentation that comes with your Products carefully. You agree to use all Products safely and in accordance with the guidelines. By purchasing and using only the Gellifique® Products you agree that you are trained in using the Products by a competent, fully accredited training provider.
2. Our Products are manufactured on our behalf by competent manufacturers internationally. We source our manufacturers responsibly. We do not hold accountability for the use, operation, manufacturing practices or the laws under which the manufacturers operate.
3. We may change or withdraw any part of our Websites or may refuse you access to the Websites at any time if we consider it necessary and/or upon breach of any part of these Terms whatsoever.
4. We are principal of our own accounts and do not act as an agent for you or any other person. If we do not enforce any provision of this agreement such will not be considered as a continuing waiver.
5. Store Reviews
  1. As a Gellifique® customer, your business is able to collect points to spend in-store when you provide a detailed review of your experience shopping with us. A detailed review is considered to be a few paragraphs describing the things you have liked or disliked and why we are your selected brand of choice.
    Similarly to prices, product availability and other offers, the points for reviews may also be adjusted from time to time at our own discretion.
    
    You must ask us for further details in order to receive this benefit.
Governing law
This Agreement shall be governed by and construed and interpreted in accordance with Scots law, and the parties hereby submit to the jurisdiction of the Scottish courts.