Website terms and conditions of supply
Scientific Aesthetics Limited
This page together with all documents expressly referred to in it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
Please click on the button marked “I Accept” on the payment page if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
By placing an order through the site you irrevocably confirm and warrant that you are not entering into this Contract as a business and confirm that you will not use any Product for commercial use.
We shall have no liability to you whatsoever in respect of any loss or liability you or your business may incur in relation to your use of the Product as part of a business.
If you use any Product as part of a business we may have a claim against you for breach of warranty.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 22 October 2013.
These Terms, and any Contract between us, are only in the English language.
Before purchasing any Product, your attention is particularly drawn to the provisions of clause 12 of these Terms and in particular in relation to the iGrow Hair Rejuvenation System, please note that this treatment has only indicated an improvement in clinical trials in relation to mild to moderate cases of hereditary genetic hair loss. It is not suitable for anyone losing hair due to a medical condition.
1. INFORMATION ABOUT US
1.1 We operate the website at https://igrowlaser.uk.com. We are Scientific Aesthetics Limited, a company registered in England and Wales under company number 08558319. Our main trading address is 251 Brompton Road, Knightsbridge, London, SW3 2EP
1.2 To contact us, please email email@example.com (unless your email is in relation to cancelation in which case please use the contact details set out in clause 7.3) or write to us at 251 Brompton Road, Knightsbridge, London, SW3 2EP
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE AND HOW WE USE YOUR PERSONAL INFORMATION
4. AS A CONSUMER
4.1 You may only purchase Products from our site if you are at least 18 years old.
4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
This clause 5 only applies if you are a business.
5.1 For the steps you need to take to place on order on our site, please see our how to shop online page
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
5.4 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time save that any variation to these terms will not apply to orders which have already been placed with us. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.2 Whenever we revise these Terms in accordance with this clause 6, we will amend and the relevant date at the top of this page.
7. YOUR CONSUMER RIGHT OF RETURN AND REFUND
7.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.3 To cancel a Contract in accordance with clause 7.2, you must contact us in writing to tell us by sending an email to firstname.lastname@example.org or by sending a letter to Scientific Aesthetics Limited, Cancellation Department, 251 Brompton Road, Knightsbridge, London, SW3 2EP including your contact details – you must return the Product in accordance with clause 7.6. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us (by reference to the post mark on the letter).
7.4 Subject to clause 7.6 you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for the Product to be delivered to you. We will process the refund due to you within 30 calendar days of the day on which the Product is returned to us under clause 7.3.
7.5 We will refund you on the credit card or debit card used by you to pay or to the Paypal account you used to pay.
7.6 If wish to cancel the Contract in accordance with clause 7.3 and the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable and obtain a proof of posting;
(b) unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession;
(d) the Products must be returned suitably packaged;
(e) the Product must be returned in a re-saleable condition;
(f) as many of the Products which we sell are easily damaged, you must return the Product to us in their original packaging (which for the avoidance of doubt includes the outer box).
7.7 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
7.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 Delivery will be completed when the Products are delivered to the address you gave us.
8.3 If no one is available at your address to take delivery, the carrier will make a further two attempts to deliver the Products before returning the Products to the carrier’s warehouse. If this happens, you will be required to pay an additional delivery fee of £32.08 to arrange re-delivery and we shall be entitled to recover from you any storage charges incurred in relation to storing the Products pending re-delivery. If ten days after the third failed attempt to deliver the Products, you have not taken delivery of the Product, we may resell or otherwise dispose of the Products and, after deducting reasonable storage, delivery and selling costs, refund to you any balance (or charge you for any shortfall).
8.4 The Products will be your responsibility from the completion of delivery.
8.5 You own the Products once we have received payment in full, including all applicable delivery charges.
8.6 We only deliver to the United Kingdom, the Isle of Man and the Channel Islands.
8.7 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 9.5 for what happens in this event.
9.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time and are currently £32.08.
9.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10. HOW TO PAY
10.1 You can only pay for Products using a debit card or credit card or by Paypal.
10.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
11. MANUFACTURER’S WARRANTY FOR IGROW HAIR REJUVENATION SYSTEM
11.1 The iGrow Hair Rejuvenation System is sold with a manufacturer’s warranty – you must retain your original receipt in order to utilise this warranty. For details of applicable terms and conditions, please refer to the manufacturer’s warranty provided with the iGrow Hair Rejuvenation System. Note this is provided by the manufacturer and not by us – if you wish to utilise this warranty you must follow the instructions in relation to the warranty which are stated in the handbook which accompanies the iGrow Hair Rejuvenation System. This warranty is in addition to your legal rights in relation to products that are faulty or not as described. This clause shall not apply to any other Products sold by us.
12. OUR LIABILITY IF YOU ARE A CONSUMER
12.1 If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any:
(a) loss of profit,
(b) loss of business,
(c) business interruption,
(d) loss of business opportunity,
(e) commercial use of the Product;
(f) deliberate neglect or damage of the Product; or
(g) servicing, inspecting or cleaning of the Product;
(h) any loss, damage or liability arising out of use of any Product otherwise than in accordance with the manufacturer’s instructions and any other instructions provided with the Product.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12.4 Subject to clause 12.2 and clause 12.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product paid by you.
12.5 In relation to the iGrow Hair Rejuvenation System, please note that:
(a) we will not be responsible for ensuring that it is suitable for your purposes;
(b) no representation or warranty shall arise from any description of or claims regarding the iGrow Hair Rejuvenation System or its effectiveness or ability to achieve any particular result(s), whether written or oral, contained in specifications, samples, bulletins, marketing or promotional materials or similar statements made or furnished to you by any person;
(c) results may vary based on operator skill and experience, user’s suitability, user’s response to treatment and other factors beyond our control;
(d) this treatment has only indicated an improvement in clinical trials in relation to mild to moderate cases of hereditary genetic hair loss. It is not suitable for anyone losing hair due to a medical condition.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or failure by our supplier.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to “in writing”, this will include email.
14.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you should use the contact details provided in clause 7.3.
14.3 If you wish to contact us in writing for any other reason, you can send this to us by email at email@example.com or by post at Scientific Aesthetics Limited, 251 Brompton Road, Knightsbridge, London, SW3 2EP. Alternatively you can contact us by telephone on 0207 0167808.
14.4 If we have to contact you or give you notice in writing, we will do so by email or by post to the address you provide to us in your order.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.7 We will not file a copy of the Contract between us.