Terms & Conditions
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked, either when you register for an account or at the point of placing an order or both, to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions any reference to “we” or ”us” or ”our” or ”Medik8” is a reference to Medik8 Ltd., and its successors, whose registered address at 730 Centennial Avenue, Centennial Park, Elstree, Herts, United Kingdom, WD6 3SZ, company registration number 03783618 and any reference in these terms and conditions to "you" or "your" or “yours” or ”yourself” or ”yourselves” or "the buyer" means you, the customer or prospective customer.
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
To enter into a contract through our website to purchase products from us, the following steps must be taken:
you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
if you are a new customer, you may create an account with us and log in or you may check out as a guest without creating an account;
if you are an existing customer with an account, you may enter your login details;
when ordering, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document;
you will be transferred to our payment service provider's website or our payment service provider’s drop-in UI that will appear on our website, and our payment service provider will handle your payment;
we will then send you an initial acknowledgement with the words “Order Acknowledgement” that will show the proposed order;
and once we have checked whether we are able to meet your order, we will either send you another email with the words “Order Confirmation” (at which point your order will become a binding contract), or we will confirm by email that we are unable to meet your order, or we will not send another email prior to the shipping email which means that the shipping email constitutes the order confirmation.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by clicking the button to edit the order on the final order confirmation screen.
4.1 The following types of products are or may be available on our website from time to time: gifts, homeware, medical devices, general products, cosmetic, personal care, beauty products and beauty accessories.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website(s) are stated inclusive of VAT, except where clearly stated otherwise and on the Medik8.com/int website where amounts are stated exclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
5.6 The website operates a feature where promotional activities such as free shipping and/or discounts and/or free gift are automatically applied to an order (“Discount Progress Bar”). The offers contained within the Discount Progress Bar may be applied to the buyers on a personalised or group basis, and are subject to removal and/or change from time to time entirely at our discretion without any requirement for us to notify you.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7.1 Our policies and procedures relating to the delivery of products are set out in this document with further information and details contained in the help section of our website. If there is a conflict between the delivery terms on the above-mentioned website sections, and the terms in this document, then the terms of this document shall prevail.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 14 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We do guarantee that unless there are exceptional circumstances (including out of stock) all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the website cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to the Return address provided on the website cancellation form) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
8.9 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:
(a) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;
(b) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;
(c) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
(f) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or
(g) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading;
(d) you will be able to take delivery of the products in accordance with these terms and conditions; and
(e) for orders outside the EEA and Switzerland, we ship to your location solely at your request and you fully understand, accept and agree that:
(i) you are ordering products from the UK which are designed in accordance with UK and/or EU regulations which may be different from those in other countries outside the EEA and Switzerland eg. the USA;
(ii) the buyer is responsible for obtaining information regarding their country’s laws, regulations, and restrictions that may apply when purchasing our products. By placing an international order shipping outside the EEA and Switzerland eg. to the United States of America, the buyer is responsible for abiding by their country’s laws, regulations, and restrictions. If product is seized and destroyed by customs, we will NOT be responsible for the losses, product, or shipping refunds;
(iii) you will not make, nor seek to make, any legal claims against us for any departure from relevant regulations in your country eg. US regulations, concerning the products you order;
(iv) your item may be held at customs for inspection, delaying the delivery time, and you may be charged a customs fee or import tax or similar and that you are responsible for these fees;
(v) you will not ship to, or order for shipment, any products destined for the state of California; and
(vi) you are familiar with the labelling on, and ingredients within, EU based products of this type, and can use them safely. All products are sent for your personal use only and you may not sell or resell any of the products or samples we send to you.
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) £500; and
(b) the total amount paid and payable to us under the contract.
11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.
13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will be unable to process an order for you.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19.1 Subject to Section 10.1, these terms and conditions, together with our delivery and returns policies located in the relevant sections of our website, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20.3 - If you placed the order as a consumer and were residing in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by this choice of law or courts.
21.1 All digital gift vouchers ("E-Gift Cards") are sold subject to the additional terms set out in this clause 19.
21.2 The E-Gift Card is only available for purchase from the Sites by customers over the age of 18.
21.3 Purchases of E-Gift Cards will be confirmed by email to the email address notified to us at the time of purchase once the transaction has been processed. E-Gift cards can be forwarded to the intended recipient by email but will be delivered to the email address as notified to us during the purchase process. The email will set out the value of the E-Gift Card, its expiry date and will contain a link to the unique code required to use the E-Gift Card at checkout in order to redeem the E-Gift Card.
21.4 The recipient of an E-Gift Card is responsible for its safekeeping and proper use. From time to time E-Gift Cards can get caught up in spam filters and the recipient should make sure that they check these filters. You must alert the recipient of the E-Gift Card to these Terms of Service.
21.5 We do not accept responsibility for any E-Gift Card which is sent to an incorrect email address that you supplied to us, or which is lost, stolen or deleted.
21.6 We do not accept responsibility for any E-Gift Card that cannot be delivered to the email address which you supplied to us due to spam filters, firewalls or other security measures operating on the relevant computer systems or devices, the capacity of their mailbox or any other reason outside our control.
21.7 E-Gift Cards are only capable of redemption on the Sites. There may be some periods where E-Gift Cards cannot be used to make a purchase as notified from time to time.
21.8 E-Gift Cards will automatically expire 12 months after the date of purchase. The E-Gift Card will not be capable of use after that date and any unused balance on the card will be lost.
21.9 E-Gift Cards cannot be redeemed or exchanged for cash or vouchers (including another E-Gift Card) and are non-transferable. If the price payable on any relevant order exceeds the amount of the E-Gift Card the balance must be paid by a credit or debit card or other payment method accepted by us.
21.10 The value of any purchases made using the E-Gift Card will be deducted from the value on the E-Gift Card. Any remaining balance can be used before the expiry date of the E-Gift Card for future purchases. You can check the balance on any E-Gift Card by using the link in the email which you receive to activate the E-Gift Card. E-Gift Cards cannot be topped up.
21.11 Multiple E-Gift Cards may be used in a single transaction.
12.12 Purchases made using the E-Gift Card will be subject to these Terms of Service current at the time the purchase is made.
21.13 Where any purchase made using an E-Gift Card is cancelled in accordance with any applicable Refund Policy and the total purchase price has been paid using an E-Gift Card, any refund will be applied to that E-Gift Card. Where that price has been paid using an E-Gift Card and a credit or debit card the refund will be applied to the E-Gift Card and the relevant payment card on a pro-rata basis to the amounts paid using those differing methods.
21.14 If for any reason payment is not made by your bank or card company for the initial purchase of the E-Gift Card or there is any charge back requested by you the E-Gift Card and its value will be cancelled.
21.15 When using an E-Gift Card to purchase any products certain personal information will need to be provided during the ordering process. Any personal data that is provided during the purchase process or in connection with the use of an E-Gift Card may be stored in our database. Please see our Privacy Policy, which governs how we collect, store, use and process these various kinds of personal data.
21.16 We reserve the right to refuse to accept any E-Gift Card in payment or part payment for any products where we reasonably suspect that the E-Gift Card or any amount on it may have been stolen or obtained by fraud or in any other illegal way.
21.17 Cancellation provisions – E-Gift Cards:
21.17.1 the provisions of this clause 19.17 apply to E-Gift Cards only.
21.17.2 You have the right to cancel a contract for purchase of an E-Gift Card within 14 days without giving any reason.
21.17.3 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
21.17.4 To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post, or e-mail). You may use the model cancellation form, but it is not obligatory. You may also phone customer services on 0044 20 8458 2500 or email us at hello (at) medik8.com
21.17.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
21.17.6 If you cancel the contract, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract.
21.17.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
21.17.8 If you click on the link in the email we send you in order to activate the E-Gift Card during the cancellation period then, since we will have fully performed the contract on activating the E-Gift Card, you will have no right to cancel the contract after the E-Gift Card has been so activated by clicking on the link.
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
22.3 Our VAT number is 388615451.
23.1 This website is owned and operated by Medik8 Ltd.
23.2 We are registered in England and Wales under company registration number 03783618, and our registered office is at 730 Centennial Avenue, Centennial Park, Elstree, Herts, United Kingdom, WD6 3SZ.
23.3 Our principal place of business is at 730 Centennial Park, Elstree, Herts WD6 3SZ.
23.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.