Terms and Conditions

Live Hermosa Limited – Website Terms and Conditions for the supply of Products

Last Updated: 04/11/2019

IMPORTANT NOTICE:

PLEASE READ THESE TERMS AND CONDITIONS ("Terms") CAREFULLY AS THEY APPLY TO THE PRODUCTS WE PROVIDE AND YOUR USE OF THIS WEBSITE ("Website").

You should print a copy of these Terms for future reference.

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products and goods to you. These terms also govern your use of the Website www.livehermosa.com
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information.
  2. Information about us and how to contact us
    • Who we are. We are Live Hermosa Limited a company registered in England and Wales. Our company registration number is 10834977 and our address is 3 Queen Street W1J 5PA London.
    • How to contact us. You can contact us by emailing our customer service team at info@livehermosa.com. Our team will endeavour to respond to your email within 3 working days.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address which you have provided when registering for an account on our website.
    • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. Use of the Website
    • Changes to the Website. The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Website may be suspended or withdrawn or the availability of all or any part of the Website may be restricted for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    • Access to the website. You are responsible for ensuring that anyone who accesses the Website through your internet connection is aware of these Terms and that they comply with them. You are responsible for configuring your information technology, computer programmes and platform to access the Website.
    • Registered account details. You are responsible for keeping your account details secure and you must keep these confidential. If you think anyone knows your account details, you must inform us immediately. We accept no responsibility for unauthorised access to your account.
    • Bugs / viruses. We do not guarantee that the Website will be secure or free from bugs or viruses. You should use your own virus protection software.
    • Permitted use of the website. You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to the Website. We also do not permit attempts to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer, database connected to the Website or the attachment of the Website via a denial-of-service attack or a distributed denial-of-service attack.
  4. Our contract with you
    • To place an order with us you must and have created an account on our website and provided accurate and current personal information where requested.
    • How we will accept your order. Our acceptance of your order will take place when we email confirmation, at which point a contract will come into existence between you and us. Completion of the contract will occur when the goods delivered to the address which you have specified.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • We only sell to the UK. Our website is solely for the promotion of our products in the UK.
  5. Our products
    • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
  6. Our rights to make changes to the Products
    • Minor changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements
  1. Providing the products
    • Delivery costs. The costs of delivery will be as displayed to you on our website.
    • When we will provide the products. we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We may also send you an email update once the product has left the warehouse. Deliveries will be send by Royal Mail which takes around 48 working hours to dispatch and DPD for any express deliveries and this last company should take 24 working hours approximately if orders are done before 12pm.
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • When you become responsible for the goods. You will become responsible for the goods when we deliver the product to the address you provided us.
    • When you own goods. You own a product which is goods once we have received payment in full.
    • Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Please contact our customer service team if you change your mind within 14 via info@livehermosa.com.
    • When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
    • When we will pay the costs of return. We will only pay the costs of return:
      • if the products are faulty or misdescribed;

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

  • How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price.
  • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
    • your refund will be made within 14 days from the day on which we receive the product back from you;
  1. If there is a problem with the product
    • How to tell us about problems. If you have any questions or complaints about the product, please contact us.
    • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us and we will pay the costs of postage. Please email the customer services team for a return label.
    • Bundles/Sale items. Please note we cannot accept the return of individual products which have been purchased as part of a discounted bundle of products, promotion or sale unless all the products in the bundle are returned.
  2. Price and payment
    • Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advertised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you ordered.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept all major credit and debit cards and payment must be made before products are dispatched
  3. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
    • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. Discount Codes
    • Rules governing the use discount codes. Live Hermosa may occasionally issue discount codes for use when purchasing products. The use of a discount code must be in accordance with the following rules:
      • only one code can be applied per order (i.e. codes cannot be used cumulatively);
      • bundles and sales items are excluded from discount codes;
      • discount codes cannot be applied retrospectively or after an order has been placed.
  1. Competitions
    • [insert basic completion terms which will be applicable to all competitions]
  2. How we may use your personal information
    • How we may use your personal information. Live Hermosa takes its data protection obligations very seriously. For more information on how we use your personal data and your rights in relation to your personal data please see our privacy policy which is available in this document below.
  3. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 1.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts.

Privacy Policy

  1. What is this Privacy Policy for?

This privacy policy describes how and why Live Hermosa Limited (Company No 10834977) a company incorporated and registered in England and Wales (we, us, our or Live Hermosa) acquire and use your personal data.

For the purpose of the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 (the GDPR), Live Hermosa is the controller of the personal data it processes about you. We are registered with the Information Commissioner’s Office with registration number:A8505385. We also control and operate www.livehermosa.com (the Website). This policy sets out how we collect, process, store and protect your personal data.

This policy applies to customers, users of our Website, and those who make enquiries with us, from whom we process personal data.

2. How we collect your personal data

We collect personal data from you when we engage with you, whether it be in person, on the phone or via email. We also collect information when you use the Website.

The personal data we collect from you may include:

  • your name, address, telephone number(s) and email address;
  • Date of Birth
  • information about your transactions with us,
  • information about your use of the Website which we collect through the use of cookies (please see the section on  "Cookies"  below).

3. How we use your personal data

We use your personal data in the following ways:

  • to communicate with you by phone, email;
  • to ensure that the content of the Website is presented to you effectively;
  • to provide you with our services during and following your relationship with us and in order to obtain feedback from you about our services and your experience with us.

4. Our legal basis for processing

We process your personal data on the basis that it is necessary for the following purposes:

  • for the performance of any contract that we enter with you or to take steps at your request prior to entering into a contract, such as when you purchase a Live Hermosa product;
  • for the purposes of our legitimate interests in ensuring that we provide you with the best service possible in all our interactions with you, which if you are a customer may include providing you with information about our services which may be of interest to you;
  • with your consent when we ask for it and you provide it to us, such as when we get your consent for marketing purposes; and
  • for compliance with any legal obligation to which we are subject.

We may send emails to customers in relation to services which we think they may be interested in, based on our knowledge of their previous use of our services for example, when new Live Hermosa products are released.

Where we wish to send you marketing emails that are unrelated to the services you have previously used, we will first obtain your consent for us to do so. Please note that you are able to withdraw your consent at any time by contacting us using the details provided in the contact and complaints section below. This will not affect the lawfulness of any processing that was carried out based on your consent prior to it being withdrawn.

5. Sharing your personal data

We only share your personal data with third parties where it is necessary for us to do so in order to fulfil our obligations to you under our contract, or where we are required to do so in order to comply with a regulatory or legal provision. We will never sell your personal data for direct marketing.

The circumstances in which we may share your personal data with other third parties includes:

  • where we use a provider of services, for example in relation to our computer systems or programmes which we use for our business operations;
  • courier companies such as Royal Mail, DPD, etc, in order to deliver purchased products to you;
  • third party payment providers such as Shopify and Stripe;
  • where we use consultants for services; and
  • where we share your personal data with our professional advisers such as insurers and lawyers.
6. Transfers of your personal data

The personal data that we collect from you will not ordinarily be transferred to, or stored at, a destination outside the European Economic Area (EEA).

However, if we do need to transfer your personal data outside the EEA we will take all steps reasonably necessary to ensure that any such transfer is made securely and that there is adequate protection in place in order to protect your personal data. 

Please contact us if you wish to find out more; if we ever transfer your Personal Data outside the EEA you can ask us for a copy of the relevant safeguards implemented in relation to the transfer.

7. How long we will retain your personal data

We will retain your personal data for as long as is necessary for the purposes set out at section 4 above. This may vary depending on the personal data we process about you and the purpose of our processing. We expect that we will retain personal for up to six (4) years following the end of our relationship with you.

8. Changes to this policy

We may edit or amend this privacy policy from time to time. If we make any substantial changes to the ways in which we use your personal data we will notify you.

9. Other websites

The Website may, from time to time, contain links to and from other websites. If you follow a link to any other website, the website should have its own privacy policy. We do not accept any responsibility or liability for these policies.

10. Cookies

Our website uses cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve our Website. By continuing to browse the Website, you are agreeing to our use of cookies.

Cookies are small files of data which are stored on your computer, mobile phone or tablet (referred to as your device) when you visit a website. Cookies contain information that is transferred to your device's hard drive.

Our Use of Cookies

We use the following cookies: 

  • Strictly necessary cookies: these are cookies that are required for the operation of the Website. These cookies enable you to move around the Website and access secure areas such as signing into your Live Hermosa account. If you remove or disable these cookies, the Website will not work properly.
  • Analytical/performance cookies: these are cookies that allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This enables us to monitor and analyse page performance and usage. We can then improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies: these are cookies that are used to recognise you when you return to the Website. This enables us to personalise our content for you and remember your preferences.
  • Targeting cookies: these cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below.

Third Party Cookies

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

Blocking Cookies 

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of the Website or may otherwise experience impaired functionality.

Expiry of Cookies

Session cookies stay in place only for the duration of your visit to the Website and expire at the end of your browsing session.

Persistent cookies remain on your device for a period of time after you have left the Website until they are deleted, removed or expire after a pre-determined interval.

To find out how to allow, block, delete and manage the cookies on all standard web browsers, go to AboutCookies.org and select the browser and version you are using.

11. Your rights

Your personal data is protected under data protection laws and you have a number of rights (explained below) which you can seek to exercise.  Please contact us using the details provided in the contact and complaints section below if you have any queries in relation to your rights. 

If you seek to exercise your rights we will explain to you whether or not the right applies to you; these rights do not apply in all circumstances.

  • Right of access – You have a right to access the personal data we hold about you upon request.  This is known as a "Data Subject Access Request".  You can exercise this right by making a request in writing, by email using the contact details in the contact and complaints section below.
  • Right of rectification – You can ask us to correct or update your personal data to ensure it is accurate and complete.
  • Right to erasure and right to restrict processing – You can ask us to stop processing and/or to delete your personal data in certain circumstances (for example, where it is processed with your consent, or it is no longer necessary for us to process it).
  • Right to data portability – You have a right to ask us to provide you with your personal data in a form that suits you, and/or to provide your information to a third party.
  • Right to object – You have a right to object to our processing of your personal data.
  • Profiling and automated decisions – You have a right not to be subject to automated decisions which have a legal effect and to be protected by safeguards in respect of any profiling.  We do not undertake any automated decision making or profiling.
  • Right to object to direct marketing – Where you have consented to receive direct marketing, you can change your mind at any time by contacting us or following the link to "unsubscribe" provided in each email we send to you.  Please allow a few days for us to action your request.
12. Contact and Complaints

If you have any questions in relation to anything raised in this privacy policy or how we use your personal data, please contact us by writing to us at: info@livehermosa.com

You also have the right to lodge a complaint with a supervisory authority (the ICO) by writing to Information Commissioner's Office, Water Lane, Wilmslow, SK9 5AF or calling 0303 123 1113. Further information about how to do this can be found at: www.ico.org.uk.

Delivery policy

    • Delivery costs. The costs of delivery will be as displayed to you on our website.
    • When we will provide the products. we will deliver them to you as soon as reasonably possible and depending on your delivery selection: Standard means within 48 to 72 working hours and Next day delivery within 24 working hours if order placed before 12:00pm. We will also contact you with an estimated delivery date.
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • When you become responsible for the goods. You will become responsible for the goods when we deliver the product to the address you provided us.
    • When you own goods. You own a product which is goods once we have received payment in full.
    • Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Please contact our customer service team if you change your mind within 14 via info@livehermosa.com
    • When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
    • When we will pay the costs of return. We will only pay the costs of return:
      • if the products are faulty or misdescribed.

    In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

    • How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price.
    • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
      • your refund will be made within 14 days from the day on which we receive the product back from you;
    1. If there is a problem with the product
      • How to tell us about problems. If you have any questions or complaints about the product, please contact us. info@livehermosa.com
      • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us and we will pay the costs of postage. Please email the customer services team for a return label. info@livehermosa.com
      • Bundles/Sale items. Please note we cannot accept the return of individual products which have been purchased as part of a discounted bundle of products, promotion or sale unless all the products in the bundle are returned.