Our Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website thesecretdayspa.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 thesecretdayspa.co.uk is a site operated by partners Lynsey Bennett and Leah White of The Secret Day Spa, Belfast. Registered in Northern Ireland under company number NI072751, our registered office is Tower House, 33-35 High Street, Carrickfergus, BT38 7AN. Our telephone number is 028 9067 1914 and our email address: email@example.com. We are not VAT registered.
1.2 Should you have a complaint about the Products or services that you receive through our site, please direct these complaints to us via the ‘Contact Us’ page and include your full name, your e-mail address, details of your complaint and, if applicable, your order number. We aim to handle any complaints fairly, confidentially, quickly and effectively.
1.3 Our site is copyrighted and no part of it (including images, text, descriptions or intellectual property) may be reproduced without our written permission.
2. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) The information that you have provided to us for the purpose of ordering or purchasing Products is correct; and
(d) The credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Our status
4.1 Please note that we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from these companies will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against those companies.
5. Consumer rights
5.1If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products (the “Seven-Day Cooling-Off Period”). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below).
5.2 To cancel a Contract, you must inform us by email or in writing and provide a brief explanation as to the reason for the return. We will email you with the relevant return instructions. Upon receipt of those instructions you must return the Product(s) to us immediately, in the same condition in which you received them, with the original packaging slip or a copy thereof, and at your own cost and risk. We would suggest that you consider the use of Recorded Delivery or some other form of trackable delivery when returning the Products to us.
5.3 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.4 This provision does not affect your statutory rights.
6. Availability and delivery
6.1 We endeavour to dispatch your order on the day of receipt of the same provided your order is received before 2.30pm. If your order is received after this time or is received over the weekend or on a bank or public holiday then it will be dispatched the next business day. During periods of excessive demand or under other exceptional circumstances these time indications may increase.
6.2 In the unlikely event of an item forming part of your order being out of stock we will inform you of this by email and provide you with an indication of when we may expect that item to arrive back in stock. You will be given the opportunity to cancel that part of the order if you so wish. For the avoidance of doubt you shall not be charged for that part of the order until it is dispatched.
6.3 Where part of your order is out of stock we may send the remainder of your order to you and the out of stock portion at a later date. You will not incur any additional postage costs for the out of stock items being sent separately.
6.4 Delivery is normally made via Royal Mail or Parcel Force. Economy delivery is usually within 5-7 working days and Priority Delivery is normally 2 working days from dispatch. Deliveries to the Republic of Ireland will usually be made within 2 working days. International delivery times will be dependent on the destination, with delivery to Western European usually within 3-5 working days and everywhere else within 5-8 working days.
6.5 Please note that the dispatch estimates indicated above are merely estimates and not guarantees and as such should not necessarily be relied upon.
6.6 Your delivery may require a signature. If you are not likely to be at home to sign for your delivery we would suggest that you choose to have your order delivered to your work or an alternative address at the time of ordering.
6.7 Where the carrier fails to make a delivery to you, either because you were not available at the address provided when the carrier attempted to deliver your order and did not collect the order within the time limit set by the carrier or because the address you provided is incorrect or does not exist, and as a result your order is returned to us, we will make a charge not exceeding £5 for domestic shipments and £20 for international shipments to cover the costs that we incur in sending your order and paying for its return. Upon receiving your returned order we will issue you with a refund for the amount remaining after the deduction of the aforementioned charges. We are unable to resend returned orders but if you still require the items please reorder. We regret that we cannot be held responsible if the carrier has failed to notify you of an attempted delivery. Please contact the carrier directly.
6.8 In the unlikely event of your order not arriving please note that Royal Mail will not consider it lost until 21 days from the date of dispatch have passed and we cannot resend the missing order until after this time. In the case of international deliveries we cannot accept the same as lost until 30 days from the date of dispatch have passed.
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.Price and payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT (except where you are logged in as a Channel Island or non-European Union customer, please see paragraph 12) but exclude delivery costs, which will be added to the total amount due as set out in our ‘Shipping and Returns’ section.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
8.6 Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order.
8.7 Your order will only be processed if your credit card billing address and card security code can be verified by our credit card payment acquisition company.
8.8 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly described or pictured. We make every effort to ensure the accuracy of the information and imagery before publication, however we accept no liability if the information is incorrect.
9. Free Gifts and Promotions
9.1 Gift Vouchers are valid for 6 months from purchase.
9.2 Gift Vouchers are non-refundable.
10. Our refunds policy
10.1 We hope that you will be pleased with your purchase. However, should you wish to return anything bought from us we will be happy to refund the item if returns are notified to us within 14 working days of the date of delivery.
10.2 When you return a Product to us, following the procedure set out in paragraph 5.2 above:
(a)because you have cancelled the Contract between us within the Seven-Day Cooling-Off Period (see paragraph 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b)because you have cancelled the Contract between us between seven and fourteen working days from the date of delivery and there has been no error on our part, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation, however, we will refund the purchase price of the Product only and will not refund the cost of sending the item to you. As with paragraph 10.2(a) above you will be responsible for the cost of returning the item to us.
(c)because you claim that the Product is damaged or defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the damaged or defective Product. Products returned by you because of damage or a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us up to the cheapest method of recorded delivery available. Please note that we will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to re-charge you for the item(s) and to recover our fees and expenses from you.
10.3 Should you wish to return fragrance products, make-up, electrical items, swimwear or underwear we would ask that they be returned in their original condition (with all seals and shrink wrap intact). We reserve the right to refuse returns or to charge you our fees and expenses if the product is received otherwise than in accordance with these requirements.
10.4 Please note that it will not be possible to return the Products indicated in paragraph 10.3 above or any Products that are on final clearance or are reduced to clear after the seven-day cooling-off period for refund or exchange unless such Products are damaged or defective.
10.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Our liability
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
11.3This does not include or limit in any way our liability:
(a)For death or personal injury caused by our negligence;
(b)Under section 2(3) of the Consumer Protection Act 1987;
(c)For fraud or fraudulent misrepresentation; or
(d)For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a)loss of income or revenue;
(b)loss of business;
(c)loss of profits or contracts;
(d)loss of anticipated savings; or
(e)loss of data,
provided that this paragraph 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 11.1 or paragraph 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this paragraph 11.4.
12. Import duty
12.1If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given via the ‘Contact Us’ section. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Events outside our control
15.1 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 events outside our reasonable control (Force Majeure Event).
15.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
18.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
18.4 Nothing in this paragraph shall limit or exclude any liability for fraud.
19. Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Northern Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.