TERMS OF SALE

GODMODE TERMS OF SALE

Please read the following important sale terms and conditions before you purchase any products from us

1. These terms

1.1. What these terms cover. These terms and conditions of sale apply whenever you order any products through our website: http://godmodebeauty.com (the "Website").

1.2. Read these terms carefully. Please read these terms carefully and print a copy for your future reference. By ordering any products from us, you agree that you have read and agree to these terms, the Privacy Policy and Cookie Policy (each as amended from time to time). If you do not agree to these terms, you must not order any products from us.

1.3. Changes to these terms. We reserve the right to change these terms at any time. Any amendments to these terms shall be effective exclusively for all new orders submitted following the publication of the amendment on our Website (except for any minor changes that reflect changes in relevant laws and regulatory requirements, which will also apply to existing orders). Please check the terms posted on our Website before completing your order. 

2. About us and how to contact us

2.1. Who we are. We are Godmode  Godmode Inc in conjunction with Godmode World Limited ("We"). Godmode Inc is registered in the State of Delaware, United States of America and have our registered office at 874 Walker Road, Suite C, City of Dover, County of Kent, State of Delaware, 19904 and Godmode World Limited is registered at 3-4 Ashland Place, London W!U 4AH, United Kingdom.  Godmode Inc and Godmode World Limited are collectively referred to as “GodMode”, “we”, “us” or “our”.

2.2. How to contact us. You can contact us by email – service@godmodebeauty.com.

2.3. 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 you provided to us in your order.

3. ABOUT YOU

3.1 Requirements. By placing an order, you confirm that you are 18 years or older. If you are not, you must not use the Website to purchase products. We reserve the right to refuse any order at our discretion.

4. Our products

4.1. Products and packaging may vary slightly from their pictures. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products and/or packaging. Products and/or packaging may vary slightly from these images.

4.2. Personal use only. You acknowledge that any products ordered are intended for your own personal use and that you will not resell the products to any other persons.

5. HOW TO ORDER PRODUCTS

5.1. Placing your order. If you are placing an order online, our shopping pages will guide you through the steps you need to take to place an order with us. You may choose the products by clicking on the “add to bag” option. They shall be included in the shopping bag and the order can be placed by filling out the order form and completing the payment information.

5.2. We only accept orders once we have checked them. We contact you to confirm we've received your order and then we contact you again, normally within 72 hours to confirm we accept it when we dispatch the product and confirm dispatch to you at which point a contract is formed. All contracts are in the English language.

5.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for any product(s) you have ordered. This might be because: (i) the product is out of stock; (ii) we have identified an error in the price or description of the product; (iii) of our inability to obtain authorisation for your payment; or (iv) of unexpected limits on our resources which we could not reasonably plan for.

5.4. Where the concluded contract will be stored. You may access your order by logging into your online account.

5.5. We are not responsible for delays due to customs clearance or events beyond our control.

6. Our rights to make changes

6.1. Minor changes to the products. We may change the products:

• to reflect changes in relevant laws and regulatory requirements; and
• to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect your use of the product(s).

6.2. More significant changes to products. In addition, we may make certain changes to products, but if we do so we will notify you and you may then contact us to end the contract and receive a refund of the amounts you have paid (if it is the case that you are yet to receive the product(s)).

7. PRICE AND PAYMENT

7.1. Where to find the price for products. The price of the products will be listed in the currency appropriate to your location indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see paragraph 7.3 for what happens if we discover an error in the price of the products you order.

7.2. We will pass on changes in the rate of any applicable tax. If the applicable tax rate (e.g. Sales Tax, VAT etc) changes between your order date and the date we supply the products, we will adjust the rate of tax that you pay, unless you have already paid for the products in full before the change in the rate of tax takes effect.

7.3. When you must pay and how you must pay. We accept most major credit and debit cards (please see the list provided on the Website). You must pay for the product(s) when you complete your order.

7.4. Promotional offers. From time to time, we may offer promotional discounts and offers on our products. All promotions are subject to separate terms and conditions displayed on the Website.

8. PROVIDING THE PRODUCT(S)

8.1. Delivery costs. Delivery costs vary depending on the total cost of your order. The product prices displayed on the Website will set out how to calculate delivery costs. Delivery costs are also set out in the “Delivery” tab in the footer of the Website and will be confirmed before you complete your order.

8.2. When we will provide the product(s). We’ll deliver the product(s) to the address you provided, within the estimated timeframe given when you placed your order, unless delayed as outlined in paragraph 8.7.

8.3. If you are not at home when the product(s) are delivered. If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot.

8.4. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel your order and paragraph 8.4 will apply.

8.5. When you become responsible for the products. The product(s) will be your responsibility from the time we deliver the product(s) to the address you gave us.

8.6. When you own products. You own the product(s) once we have received payment in full.

8.7. We are not responsible for delays outside our control. If our supply of the product(s) 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 product(s) you have paid for but not received.

9. RETURNS POLICY

9.1. For US Customers, we accept returns within 30 days of delivery, provide items are unused, in original packaging, undamaged, and with proof of purchase. Refunds will be processed to the original payment method once the Return is received and inspected.

9.2. For UK Customers your 14-day legal right to change your mind. For most products bought online, you have a legal right to change your mind and cancel your order within 14 days and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

9.3. Changing your mind and cancelling your order. You have 14 days to change your mind and receive a refund for most products you order.

9.4. The deadline for changing your mind and returning your order. If you change your mind about an order, you must let us know no later than 14 days after the day you (or someone you nominate) receives the product(s).

9.5. Cancellation exceptions. Certain products cannot be cancelled. We are unable to take returns (unless faulty) on products sealed for health protection or hygiene purposes once they have been unsealed following receipt.

9.6. How to cancel and return products to us. To cancel your order and return the product(s) please follow the instructions under the returns section of the Website. Alternatively, you may use the cancellation form provided at the end of these terms and return the product(s) to us as set out in the Returns Policy.

9.7. How long do you have to return the product(s)? You have to return products within 14 days of you telling us you have changed your mind.

9.8. Cost of return. Please to the Returns Policy.

9.9. When and how we will refund you. If your order relates to products that haven't been delivered, we will refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your order relates to products that you're sending back to us, we will refund you within 14 days of receiving them back from you or, if earlier, 14 days after the day you provide evidence that you have returned the products to us. We will refund you by the same method you used for payment. We don't charge a fee for the refund.

9.10. What we will refund you. Subject to certain deductions, as explained further below, if you cancel your order, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).

9.11. Deductions from refunds. If you handle the product(s) in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.

10. YOUR RIGHTS IF THERE IS SOMETHING WRONG WITH THE PRODUCT(S) 

10.1. How to notify us. Godmode prides itself on delivering a great customer experience. In the unlikely event there is something wrong with your product(s), please email our customer service team: service@godmodebeauty.com Please kindly share your order number and explain the issue(s).

10.2. Your legal rights. We honour our legal duty to supply our products in conformity with this contract. Nothing in these terms will affect your legal rights, which are summarised below. For detailed information of these rights, please visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.

10.3. Your legal remedies.

In the US, US State/Federal e-commerce regulations shall apply.

In the UK, The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your good, your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, you can get a refund.
• Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
• Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

11. YOUR OTHER RIGHTS TO RETURN

11.1. If we have agreed that you are ending the contract for reasons described in this section, the contract will end immediately, and we will refund to you any sums you may have already paid us. To end your contract in these circumstances, please get in touch with our customer service team via email: service@godmodebeauty.com Where a refund is owed, we will make any refunds due to you within 14 days. Unless otherwise agreed with you, we will refund you using the same method you used for payment. The reasons for cancellation are:

• we have told you about an upcoming change to the product(s) or these terms which you do not agree to;
• we have told you about an error in the price or description of the product(s) you have ordered, and you do not wish to proceed;
• there is a risk that supply of the product(s) may be significantly delayed because of events outside our reasonable control;
• we have suspended supply of the product(s), or notify you that we are going to suspend them; or
• you have a legal right to end the contract because of something we have done wrong.

12. OUR RIGHTS TO END THE CONTRACT

12.1. When we can end the contract with you. We may end the contract at any time by writing to you if:

• you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
• we are unable to fulfil the order, for example because a product becomes unavailable; or
• you don't, within a reasonable time, either allow us to deliver the product to you.

12.2. Refunds and deductions following cancellation. If we end the contract in the circumstances set out above, we will refund any money you have paid in advance for the product(s). Where we have cancelled the contract because of something you have done, we may deduct or charge you reasonable compensation for the net costs we will incur because of you breaking the contract.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible for losses you suffer caused by us breaking this contract, unless the loss is:

• Unexpected. If we fail to comply with the 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 it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (i.e. if you discussed it with us during the order process).
• Caused by a delaying event outside our control. As long as we have taken the steps set out under paragraph 8.7, we are not responsible for delays outside of our control.
• Avoidable. Something you could have avoided by taking reasonable action.

13.1. A business loss. We only supply the product(s) under the terms for domestic and private use. If you are ordering the product(s) 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.

13.2. 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 product(s) (as summarised at paragraph 10.2); and for a defective product under the Consumer Protection Act 1987.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION 

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

15. OTHER IMPORTANT TERMS

15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. If you have an outstanding order with us we will contact you to let you know and you are unhappy with the transfer you may contact us to end the contract and we will refund you any payments you have made in advance for products not provided.

15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3. 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.

15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5. 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.

If you are a US consumer, please note that these terms of use their subject matter and their formation, are governed the laws of New York without regard to conflict of laws principles. You agree of the exclusive jurisdiction of the courts of New York.

If you are a UK consumer: These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

15.6. Alternative dispute resolution if you are a consumer. Under the UK Consumer Credit Act, if you make a purchase from the Website using credit (e.g. credit card) and the cost of your purchase is between £100 and £30,000, you have additional protections if your complaint with us remains unresolved. Please contact your credit card provider to find out more.

 

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Godmode Inc Email: service@godmodebeauty.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.