Terms & Conditions

1. About These Terms

These Terms & Conditions (“Terms”) apply when you use The SkinWish website and when you purchase products from The SkinWish.

Please read these Terms carefully before placing an order.

By placing an order through our website, you confirm that you are purchasing as a consumer and that the information you provide to us is accurate to the best of your knowledge.

Nothing in these Terms affects your statutory rights under applicable UK consumer law.

2. About The SkinWish

The SkinWish is operated by:

Tetiana Tonkonoh, a sole trader trading as The SkinWish

Business address:
43 Leven Walk, Livingston, EH54 5AL, Scotland

Email:
info@theskinwish.co.uk

References in these Terms to “The SkinWish”, “we”, “us” or “our” mean the sole trader identified above.

References to “you” or “your” mean the customer or website user.

3. Who We Sell To

The SkinWish sells products primarily to consumers purchasing for personal use.

Our products are not intended for unauthorised commercial resale.

We may apply reasonable limits to the quantity of particular products that may be purchased.

Where we reasonably believe that an order has been placed for unauthorised resale, fraudulent purposes or abuse of our services, we may decline the order before it has been accepted.

Nothing in this section affects rights arising under a contract that has already been formed except where permitted by law.

4. Product Information

We take reasonable care to ensure that product descriptions, photographs, prices and other information displayed on our website are accurate.

Product packaging, labelling, appearance or presentation may occasionally differ from images shown on our website, particularly where a manufacturer updates its packaging.

Manufacturers may also update ingredients, formulations, instructions or warnings.

You should always read the current product packaging, ingredient list, directions and warnings supplied with the product before use.

Nothing in this section limits your statutory rights where goods are misdescribed or otherwise fail to conform to the contract.

5. Skincare Products

The SkinWish sells cosmetic skincare and related beauty products manufactured by third-party brands.

Individual responses to skincare products can vary.

Please review product ingredients, instructions, warnings and manufacturer guidance before use.

Where recommended by the manufacturer, you should carry out an appropriate patch test.

A personal preference concerning fragrance, texture, appearance or cosmetic result does not, by itself, mean that a product is faulty.

Similarly, an individual sensitivity or reaction does not automatically establish that a product is defective.

Nothing in this section affects your statutory rights where a product is defective, unsafe, misdescribed or otherwise does not conform to the contract.

5A. Personalised Skincare Advice and Consultations

The SkinWish may offer personalised skincare advice to assist customers with the selection and use of cosmetic skincare products.

Our personalised skincare advice is intended for cosmetic skincare and product-selection purposes.

It is not medical advice and is not intended to diagnose, treat, cure or prevent any disease, medical condition or dermatological disorder.

The SkinWish does not provide medical diagnoses or prescribe medical treatment.

Information Used to Provide Advice

Our recommendations are based on the information you provide to us and on product information reasonably available to The SkinWish at the time.

Depending on your enquiry, we may ask about your skin type, skincare concerns, products you currently use, sensitivities, allergies, previous reactions and other information reasonably relevant to providing skincare advice.

You should provide information that is accurate and complete to the best of your knowledge where it may be relevant to the suitability of a recommendation.

If relevant circumstances change after advice has been provided, including your skincare routine, sensitivities, medication or treatment, an earlier recommendation may no longer be appropriate.

Information provided in connection with skincare advice is handled in accordance with our Privacy Policy.

Product Recommendations

Individual responses to skincare products vary.

A recommendation cannot guarantee a particular cosmetic result or guarantee that a product will be suitable for every individual.

Before using a recommended product, you should read the current product packaging, ingredient list, directions and warnings supplied with the product.

Where the manufacturer recommends patch testing or another precaution, you should follow that recommendation.

Medical or Dermatological Concerns

The SkinWish's skincare advice is not a substitute for advice from a doctor, pharmacist, dermatologist or other appropriately qualified healthcare professional.

If you have a diagnosed skin condition, are receiving medical treatment, have experienced a significant allergic or adverse reaction, or have a persistent or concerning skin problem, you should seek appropriate professional advice.

Where an enquiry appears to concern a medical issue rather than cosmetic skincare, The SkinWish may decline to recommend a product and may suggest that you seek advice from an appropriately qualified healthcare professional.

Customers Under 18

Our personalised skincare advice service is intended for customers aged 18 and over.

Where skincare advice is requested in relation to a person under 18, the request should be made by their parent or legal guardian on their behalf.

We may decline to provide personalised skincare advice directly to a person under 18.

This age restriction applies to the personalised skincare advice service. It does not, by itself, mean that all products sold by The SkinWish or The SkinWish website generally are restricted to customers aged 18 and over.

Individual products must always be used in accordance with the manufacturer's instructions, warnings and any applicable age recommendations.

Responsibility and Consumer Rights

The SkinWish will exercise reasonable care when providing personalised skincare advice.

Nothing in this section excludes or limits liability where it would be unlawful to do so.

Nothing in this section affects your statutory rights concerning products purchased from The SkinWish.

6. Placing an Order

To place an order, select the products you wish to purchase and complete the checkout process.

Before submitting your order, you will have an opportunity to review your products, delivery details, delivery option and total price.

You are responsible for checking that the information you provide is complete and accurate.

Submitting an order constitutes an offer by you to purchase the products shown in your order.

7. Order Acknowledgement and Contract Formation

After you submit your order, we may send an automated acknowledgement confirming that we have received it.

An automated Order Acknowledgement does not mean that The SkinWish has accepted your order.

Unless we expressly tell you otherwise, your order is accepted when we send you confirmation that the order has been accepted and/or dispatched.

At that point, a contract is formed between you and The SkinWish for the products identified in that confirmation.

If your order contains several products, acceptance may apply only to the products identified in the relevant acceptance or dispatch confirmation.

8. Reasons We May Decline an Order

Before accepting an order, we may decline it for reasonable reasons including:

• a product being unavailable;
• inability to authorise or process payment;
• a material pricing or product-information error;
• applicable purchase limits;
• delivery restrictions;
• suspected fraud;
• suspected unauthorised resale; or
• legal or regulatory requirements.

If payment has already been taken for an order that we do not accept, the relevant amount will be refunded.

9. Product Availability

All products are subject to availability.

Adding an item to your basket does not reserve the product.

If a product becomes unavailable after you place your order but before we accept it, we may decline that part of your order and refund any amount already taken for the unavailable product.

10. Prices and Delivery Charges

Prices are shown in pounds sterling (£).

Prices include VAT where VAT is legally applicable.

Applicable delivery charges will be shown before you submit your order.

The total payable amount will be displayed during checkout.

11. Pricing Errors

We take reasonable care to display correct prices.

If an obvious or material pricing error is identified before your order is accepted, we may contact you and give you the opportunity to proceed at the correct price or cancel the affected item.

Alternatively, we may decline the order before acceptance.

If payment has already been taken for an order we decline, the relevant amount will be refunded.

12. Payment

Available payment methods will be displayed at checkout.

You must be authorised to use the payment method selected.

Payments may be processed through third-party payment service providers.

Payment authorisation or the taking of payment does not, by itself, mean that The SkinWish has accepted your order.

13. Promotional Codes

Promotional codes may be subject to additional conditions communicated with the relevant offer.

Unless otherwise stated, promotional codes:

• must be applied before checkout is completed;
• cannot be exchanged for cash;
• may apply only to qualifying products or brands;
• may be subject to expiry dates, minimum order values or other disclosed conditions; and
• may not be combined with other promotions where stated.

We may refuse or cancel a promotional benefit where a code has been used fraudulently or contrary to clearly disclosed promotional conditions.

14. Free Gifts and Promotional Products

From time to time, an order may qualify for a free gift or promotional product.

Eligibility may depend on order value, qualifying products or other conditions disclosed with the promotion.

If products are later returned and the remaining order no longer meets the disclosed promotional condition, we may ask you to return an unused promotional gift where permitted by law.

Any adjustment relating to an unreturned gift will only be made where the relevant condition was clearly disclosed and where permitted by law.

15. Delivery and Click & Collect

We currently deliver throughout the UK and also offer Click & Collect from our collection point in Livingston.

Delivery and collection options, charges, processing arrangements and estimated delivery times are described in our Delivery Policy and will be displayed where applicable during checkout.

16. Delivery Address

You are responsible for checking that the delivery address, postcode and relevant contact information you provide are complete and accurate.

If you discover an error after submitting your order, please contact The SkinWish as soon as possible.

We will make reasonable efforts to amend delivery information before dispatch but cannot guarantee that changes will be possible once an order has entered the dispatch process.

17. Delivery Time

Delivery timeframes shown by The SkinWish are estimates unless a particular service is expressly stated to be guaranteed.

Nothing in these Terms limits any statutory rights you may have concerning late delivery.

Please see our Delivery Policy for further information.

18. Passing of Risk

Risk of loss of or damage to goods remains with The SkinWish until the goods come into the physical possession of you or a person identified by you to receive them.

If you independently arrange for goods to be collected or delivered by a carrier that was not offered by The SkinWish, risk may pass when the goods are delivered to that carrier to the extent provided by applicable law.

19. Safe Places, Neighbours and Other Recipients

Where you provide delivery instructions authorising delivery to a safe place, neighbour, reception desk, concierge or another person, those instructions may be taken into account when determining whether delivery has been completed.

Carrier tracking information or delivery evidence may be considered when investigating a delivery issue.

Carrier evidence does not, by itself, remove any statutory rights you may have.

20. Tracking Shows Delivered but Parcel Cannot Be Located

If tracking shows your order as delivered but you cannot locate it, please contact The SkinWish as soon as reasonably possible.

We may ask you to check the delivery address, safe places, household members, neighbours, reception areas or other persons who may have accepted the parcel.

We may investigate the matter with Royal Mail or another applicable carrier and consider relevant tracking, scans, photographs, signatures, delivery instructions or other available evidence before determining the appropriate resolution.

21. Lost or Damaged Parcels and Carrier Claims

Where responsibility for delivery remains with The SkinWish, you will not be required to pursue compensation directly from our carrier.

Any investigation or claim The SkinWish makes against Royal Mail or another carrier is separate from your statutory rights against The SkinWish.

If a parcel is lost or damaged before risk has passed to you, the appropriate remedy will be provided in accordance with applicable consumer law.

22. Your Right to Cancel

If you purchase online from The SkinWish as a consumer, you will normally have a statutory right to cancel your contract without giving a reason within 14 days after the day on which you, or a person nominated by you, receives the goods.

To exercise your cancellation right, you must clearly inform The SkinWish of your decision before the applicable cancellation period expires.

You may use the Model Cancellation Form at the end of these Terms, but you are not required to use it.

23. Returning Goods After Cancellation

After notifying The SkinWish of a valid cancellation, you must return the relevant goods without undue delay and no later than 14 days after notifying us of your cancellation, unless otherwise agreed.

For change-of-mind returns, you will normally be responsible for the direct cost of returning the goods where this has been properly communicated before purchase.

Please see our Returns & Refunds Policy for further information.

24. Skincare Products, Hygiene and Sealed Goods

For change-of-mind returns, please keep skincare products unopened, unused and in their original condition, with applicable protective, tamper-evident or hygiene seals intact.

Certain products may be supplied sealed for health protection or hygiene reasons.

Where the applicable statutory requirements are satisfied, your statutory cancellation right may cease to apply if such a seal is broken after delivery.

This exception will not be applied more broadly than permitted by law.

It does not affect statutory rights where products are faulty, damaged, incorrect, misdescribed or otherwise do not conform to the contract.

25. Diminished Value Following Handling

Where permitted by law, The SkinWish may reduce a refund to reflect a reduction in the value of goods resulting from handling beyond what is reasonably necessary to establish their nature, characteristics and functioning.

Any deduction will be reasonable and based on the relevant reduction in value.

26. Refunds Following Cancellation

Where you validly cancel your entire order under your statutory cancellation rights, The SkinWish will refund payments due to you in accordance with applicable law.

Where required by law, this includes the price of the goods and the cost of our least expensive standard delivery option applicable to your order.

If you selected a more expensive delivery service, such as Express UK Delivery, The SkinWish is not required to refund the additional amount above the least expensive standard delivery option where permitted by law.

Where only part of an order is cancelled, any entitlement to a refund of the original delivery charge will be determined in accordance with applicable law.

Where goods are being returned, we may withhold the refund until we receive the goods or you provide evidence that you have sent them back, whichever occurs first, where permitted by law.

Refunds will normally be made using the same payment method used for the original transaction unless otherwise agreed or required by law.

27. Faulty, Damaged, Incorrect or Misdescribed Goods

Products supplied by The SkinWish must comply with applicable UK consumer law.

If a product is faulty, damaged, incorrect, misdescribed or otherwise fails to conform to the contract, please contact The SkinWish.

We may reasonably request information, photographs or return of the product to enable us to assess the issue.

Requests for reasonable evidence do not remove any statutory rights to which you are entitled.

We will provide an appropriate remedy in accordance with applicable consumer law.

28. Product Use, Storage and Misuse

You should use and store products in accordance with the manufacturer's instructions, warnings and any storage requirements supplied with the product.

The SkinWish is not responsible for deterioration or damage caused by misuse, inappropriate storage or use contrary to manufacturer instructions where that loss was not caused by The SkinWish or by a defect for which The SkinWish is legally responsible.

Nothing in this section limits rights that cannot lawfully be excluded.

29. Manufacturer Guarantees

Some manufacturers may offer their own guarantees, satisfaction programmes or promotional returns arrangements.

Unless The SkinWish expressly states otherwise, those arrangements are separate from the contract between you and The SkinWish.

A manufacturer's voluntary guarantee does not automatically apply to a purchase from The SkinWish merely because The SkinWish sells that manufacturer's products.

Any applicable manufacturer guarantee is additional to, and does not replace, your statutory rights against The SkinWish as retailer.

30. Fraud and Abuse

The SkinWish may investigate orders, delivery claims, returns or refund requests where we reasonably suspect fraud, product substitution, tampering, duplicate claims, abuse of our returns process or materially inaccurate information.

Where lawful and reasonably necessary, we may restrict or decline future orders to prevent fraud or abuse.

Nothing in this section permits The SkinWish to refuse a refund, replacement or other remedy to which you are legally entitled.

31. Events Outside Our Reasonable Control

The SkinWish is not responsible for a delay or failure to perform an obligation to the extent caused by circumstances outside our reasonable control.

Where appropriate, we will take reasonable steps to minimise the effect of such circumstances.

Nothing in this section removes statutory rights, including applicable rights concerning delayed delivery.

32. Our Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• liability relating to defective products where it cannot lawfully be excluded; or
• statutory consumer rights that cannot lawfully be restricted.

The SkinWish is responsible for losses that are a foreseeable result of our breach of contract or failure to use reasonable care and skill.

We are not responsible for losses that were not reasonably foreseeable, except where applicable law provides otherwise.

Products are supplied to consumers for personal use. To the extent permitted by law, we are not responsible for business losses arising from use of products for commercial or unauthorised resale purposes.

33. Website Availability

We aim to keep The SkinWish website available and functioning correctly but cannot guarantee uninterrupted access at all times.

We may temporarily suspend or restrict website access for maintenance, technical, security or operational reasons.

This does not affect contracts that have already been formed.

34. Intellectual Property

The SkinWish branding, original website text, graphics, design elements and other original material may be protected by intellectual property rights.

Third-party brand names, product names, trademarks, images and other intellectual property remain the property of their respective owners.

Nothing on The SkinWish website grants you a right to use protected intellectual property except as permitted by law.

35. Privacy and Personal Data

The SkinWish processes personal information in accordance with applicable UK data protection law.

Our Privacy Policy explains how we collect, use, retain and share personal information, including information provided when requesting personalised skincare advice.

Our Cookie Policy provides further information about cookies and similar technologies.

36. Marketing Communications

We may send marketing communications where permitted by law.

Where consent is required, we will ask for it.

You can unsubscribe from marketing communications at any time using the unsubscribe mechanism provided or by contacting The SkinWish.

Service communications relating to orders, payments, delivery, returns, refunds or requested skincare advice are not necessarily marketing communications.

37. Third-Party Links

The SkinWish website may contain links to websites operated by manufacturers, payment providers or other third parties.

The SkinWish does not control those websites and is not responsible for their content, availability or privacy practices.

Your use of a third-party website may be subject to that third party's own terms and policies.

38. Complaints

If you have a complaint about an order, product or service, please contact:

info@theskinwish.co.uk

Please provide your order number where relevant and enough information for us to understand the issue.

We will aim to investigate complaints fairly and within a reasonable period.

Nothing in this complaints procedure limits your statutory rights.

39. Changes to These Terms

The SkinWish may update these Terms from time to time to reflect changes in our website, services, business practices or applicable law.

The Terms applying to an order will normally be those in force when the relevant contract is formed.

Later changes will not retrospectively alter an existing contract unless required or permitted by law or expressly agreed with you.

40. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

41. No Waiver

If The SkinWish does not immediately enforce a right or remedy under these Terms, this does not mean that the right or remedy has been waived.

42. Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to the contract between you and The SkinWish does not have a right to enforce its terms, subject to applicable law.

43. Governing Law and Courts

These Terms and any contract between you and The SkinWish are governed by Scots law.

If you are a consumer living in another part of the United Kingdom, you will continue to benefit from any mandatory consumer protections available to you under the law applicable where you live.

You may bring legal proceedings in the courts of the part of the United Kingdom in which you live. The SkinWish may bring proceedings against you only in accordance with applicable consumer and jurisdiction rules.

Nothing in this section limits or excludes any rights or remedies available to you under applicable consumer law.

44. Your Statutory Rights

Nothing in these Terms excludes, restricts or replaces any rights or remedies available to you under applicable UK consumer law.

45. Contact Us

The SkinWish is operated by:

Tetiana Tonkonoh
Sole trader trading as The SkinWish

Business address:
43 Leven Walk, Livingston, EH54 5AL, Scotland

Email:
info@theskinwish.co.uk

Please also see our Delivery Policy, Returns & Refunds Policy, Privacy Policy and Cookie Policy.