Introduction

The Website is a portal for users to explore Skin Health products; it is for information only. The Website is not a substitute for medical and/or dermatological advice. Medical advice should be sought prior to use of any product.

Windsor Mews does not accept any liability for damage or loss from the use of Products which are available on the Windsor Mews Portal.

Conditions of Sale

This Contract shall be subject to these Conditions of Sale. Windsor Mews reserves the right to amend these Conditions of Sale at any time. Any conditions of the contract to which the Buyer’s purchase is stated to be subject shall not form part of the contract unless otherwise agreed.

In these Conditions:

“Seller; us; our; we” means Windsor Mews.

“Buyer; you; your” means the account holder named on the account application whose order for the Products is accepted by the Seller.

“Products” means the products which the Seller is to supply to the Buyer.

“Contract” means the Contract for the sale and purchase of the Products. Interpretation:

a) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

b) Any phrase introduced by the terms including, include, in particular, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

c) A reference to writing or written includes emails.

These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Orders

Orders can be placed by email or telephone to the Windsor Mews team or via the Windsor Mews Portal. Where orders are placed via the Windsor Mews Portal, the Buyer will be able to check and amend any errors before submitting the order. The Buyer should take the time to read and check their order at each stage of the order process.

3.2 The Seller will accept the Buyer’s order when the Seller confirms to the Buyer that it has been accepted, at which point a Contract will come into existence between Buyer and Seller.

3.3 If the Seller is unable to accept the Buyer’s order, the Seller will inform the Buyer in writing and will not raise any charges. An order may not be able to be accepted due to a Product being out of stock, unexpected limits on the Seller’s resources, because the Seller has identified an incorrect price or description of the Product, because the Seller is unable to meet a specified delivery deadline, or because the Buyer has failed to give required information, or the Buyer has given false or misleading information. The Seller may suspend the supply of a Product where there are relevant changes of relevant laws and regulatory requirements.

Delivery

Dates or periods of delivery stated in the Contract are only approximate and not essential terms unless, in the circumstances of any particular case, the parties agree to guaranteed delivery dates and the Contract so provides.

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 will take steps to minimise the effect of the delay.

The price of the Product shall be the price specified in the Seller’s published price list current at the date of dispatch.

The price of a Product does not include delivery charges. Where applicable, delivery charges are advised to the Buyer during the check-out process on the Windsor Mews Portal or by the Customer Services team when placing an order before order confirmation.

All prices shown in the Seller’s price list are subject to alteration without notice. All prices are inclusive of Value Added Tax.

The Seller’s website contains a large number of Products. It is always possible that, despite the Seller’s reasonable efforts, some of the Products on the site may be incorrectly priced. If the Seller discovers an error in the price of the Products the Buyer has ordered, the Seller will contact the Buyer to inform and give the option of continuing to purchase the Product at the correct price or cancelling the order. The Seller will not process an order until the Buyer gives instructions. Where the Seller cannot contact the Buyer on the contact details provided with the order, the Contract will be cancelled. Where the Seller mistakenly accepts and processes an order where a pricing error is obvious and unmistakable and could reasonably have been recognised by the Buyer as a mispricing, the Seller may cancel the supply of the Product and refund the Buyer any sums paid.

Delivery of the Products shall be made by the Seller delivering them to the Buyer’s place of business in the UK, Ireland, Isle of Man, Isle of Jersey or to such other address as may be agreed by the Seller. The Seller may deliver the Products in instalments.

If a Buyer has more than one account or more than one delivery address, the Buyer must make clear which address the Products should be sent to, and on which account the Contract should be placed.

Payment

Time for payment shall be of the essence.

The Buyer must pay all amounts due under these Conditions of Sale in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

If the Buyer fails to make full payment by the due date then the Seller, in addition to remedies allowed under current late payment legislation, shall be entitled to:

a) Cancel the Contract or suspend any further deliveries and/or

b) Charge the Buyer interest on the amount unpaid at the rate of 8% above the Bank of England rate until the payment is made in full.

Any extension of credit allowed to the Buyer may be changed or withdrawn at any time.

Products

Notwithstanding delivery and the passing of risk in the Products, or any other provision of these conditions, the title in the Products shall not pass to the Buyer until the Seller has received payment in full of the price of the Products and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

Until title to the Products has passed to the Buyer, the Buyer shall:

a) Hold the Products on a fiduciary basis as the Seller’s bailee;

b) Store the Products separately from all other goods held by the Buyer so that they remain readily identifiable as the Seller’s property;

c) Not remove, deface or obscure any identifying mark or packaging on or relating to the Products;

d) Maintain the Products in satisfactory condition and keep them insured against all risks for their full price on the Seller’s behalf from the date of delivery.

e) Notify the Seller immediately if it becomes subject to any of the events listed in clauses 10.1(c)-(e) and

f) Give the Seller such information relating to the Products as the Seller may require from time to time.

The Buyer may not resell the products. Nothing in these Conditions of Sale shall limit or exclude the Seller’s liability for:

a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

b) Fraud or fraudulent misrepresentation.

c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979;

d) Defective products under the Consumer Protection Act 1987; or

e) Any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

Liability

(a) The Seller shall under no circumstances whatsoever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, injury or harm or any indirect or consequential loss arising under or in connection with the Contract; and

(b) The Seller’s total liability to the Buyer 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 cost to the Seller of the replacement of those Products

The Seller warrants that on delivery the Products shall:

a) Conform in all material respects with their description and

b) Be free from material defects in design, material and workmanship.

The Buyer gives notice in writing to the Seller within three working days of delivery that some or all of the Products do not comply with the warranty set out in clause

The Seller, and where appropriate the manufacturer, is given a reasonable opportunity to examine such Products; and The Buyer returns such Products with a completed returns slip to the Seller’s place of business. The Seller shall, at its option, replace the defective Products, or refund the price of the defective Products in full.

The Seller shall not be liable for the Product’s failure to comply with the warranty set out in any of the following events:

a) The Buyer makes any further use of such Products after giving notice The defect arises because the Buyer or any third party failed to follow the Seller’s oral or written instructions as to the storage, order, use and maintenance of the Products or good trade practice regarding the same; or

The Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

These terms shall apply to any repaired or replacement Products supplied by the Seller. Any samples supplied to the Buyer are supplied solely for information and in no way import any express or implied conditions or warrant as to the quality, description, fitness for purpose or merchantability and the Buyer shall be deemed to have satisfied itself as to such matters prior to ordering the goods. Except as expressly stated in these Conditions of Sale, the Seller does not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Conditions of Sale by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Seller will not be responsible for ensuring that the Products are suitable for your purposes. The Buyer must contact Customer Services on the contact details below within three working days of invoice date to return Products or to notify the Seller of missing Products or incorrect Products. Temperature-controlled Products cannot be returned unless faulty. Invoice-related queries must be notified within 30 days of the invoice date.

Telephone: 07877 827549

Email: info@WindsorMews.co.uk

Where a refund or credit note is agreed the Seller will use reasonable endeavours to process the refund or credit note within 28 days.

The contract shall be governed by the laws of England and Wales, and the English court shall have the exclusive jurisdiction to settle any disputes which may arise out of the Contract. These Conditions of Sale do not affect your statutory rights.

Details of your order may be passed to the product manufacturer for regulatory and marketing purposes. By proceeding with the order, you are giving your consent for the use of this information in this manner.

The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under a Contract that is caused by an event beyond the reasonable control of that Seller, including but not limited to, government action, war, terrorism, fire, explosion, flood and act of God.

The Seller reserves the right to amend these Conditions of Sale from time to time. Every time the Buyer orders Products from the Seller, the Conditions of Sale in force at the time of the order will apply to the Contract between the Seller and Buyer.

Any Contract is between the Buyer and the Seller only and no other party shall have any right to enforce any of its Conditions.

The Seller may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Buyer needs the Seller’s written consent to transfer the Buyer’s rights to another party.

Each of these clauses and sub-clauses operate separately. If any relevant authority decides that any of them is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Conditions of Sale.

The failure of the Seller at any time to enforce any of these Conditions of Sale or any rights in respect hereto, or to exercise any election herein provided shall not be a waiver of such provisions, rights or elections or affect the validity of these Conditions of Sale. If the Seller does waive a default by the Buyer, the Seller will only do so in writing, and that will not mean that the Seller will automatically waive any later default by the Buyer.

These Conditions of Sale, together with the Terms of Use, Privacy Policy and Cookies Policy cover the entire relationship between the Seller and Buyer and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Nothing in these Terms or policy documents creates a partnership, joint venture or other commercial relationship.

These Standard Conditions of Sale were updated in January 2024.