This page (together with the documents referred to on it) tells you the terms and conditions on which Melenated92 Limited supplies any of the products listed on our website www.melanated82.com (our site) to you.

Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

 

You should print a copy of these terms and conditions for future reference.

 

1. Definitions and Interpretation

 

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

2. How the Contract is Formed Between Melanated82 and You

 

By placing an order through our site, you warrant that:
 

 

• you are a consumer acting for purposes outside of your business.
• you are legally capable of entering into binding contracts and you are at least 18 years old.

 

All orders are subject to acceptance by Melanated82, and Melanated82 will confirm such acceptance to you by sending you an e-mail, containing a tracking/order number, once Melanated82 receive payment for the Products (Email Confirmation). 
 

The contract between Melanated82 and you (Contract) will only be formed when Melanated82 send you the Email Confirmation.
 

The Contract will relate only to those Products whose dispatch Melanated82 have confirmed in the Email Confirmation. Melanated82 will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Email Confirmation.
 

These terms & conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by Melanated82.
 

3. Description of Goods
 

All Products are described on our website.

Melanated82 warrant that:
 

 

• Product descriptions are accurate, honest, and fair.
• Products are free from material defects at the time of despatch.

 

 

4. Website Purchases
 

You agree to take particular care when providing Melanated82 with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment. 
 

Melanated82 will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, Melanated82 cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
 

Melanated82 will take all reasonable care to ensure that all details, descriptions, images, and prices of products appearing on the Site are correct. However, to the extent permitted by applicable law, Melanated82 does not warrant that the product descriptions, colours, or other content available on the Website are accurate, complete, reliable, current, or error-free. Although Melanated82 aim to keep the Website as up to date as possible, the information, including product descriptions appearing on this Website at a particular time, may not always reflect the product exactly at the moment you place an order.
 

While every effort is made to ensure that the shade of the products for which photos are displayed on the Website is an accurate representation of the original products, variations may occur, in particular, due to technical limitations in reproducing colour using information technology. Consequently, Melanated82 may not be held liable for errors or inaccuracies in photographs or graphics showing products that are presented on the Website.
 

5. Price and Payment
 

The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

Prices do not include Value Added Tax (VAT).
 

Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which Melanated82 have already sent you an Email Confirmation.
 

Our site contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. Melanated82 will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, Melanated82 will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, Melanated82 will normally, at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you that Melanated82 are rejecting it.
 

If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, Melanated82 do not have to provide the Products to you at the incorrect (lower) price.

Full payment is required before Melanated82 will confirm and deliver your order.
 

All payments must be made by credit or debit card in GBP.
 

To ensure that shopping online is secure, your debit/credit card details will be encrypted by our third-party payment handler to prevent the possibility of someone being able to read them as they are sent over the internet.  Your credit card company may also do security checks to confirm it is you making the order.
 

Any discounts offered by Melanated82 to you for the provision of goods are offered against published price lists or standard rates in force at the date of order, and such discounts or offers are unable to be used in conjunction with any other offers available at that time.
 

6. Import Duty
 

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Melanated82 has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
 

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Melanated82 will not be liable for any breach by you of any such laws.
 

7. Availability and Delivery
 

The Products are sold subject to availability. If on receipt of your order, the Products you have ordered are not in stock, Melanated82 will inform you as soon as possible and issue a refund in respect of any sum that has been paid by you for the Products.
 

The Products will not be delivered until Melanated82 receives payment in full for the Products.
 

Melanated82 accept orders for delivery to addresses Worldwide with some exceptions. Delivery will be made to the address provided by you when you place your order.
 

Delivery is made by UK Royal Mail, (in the UK and DHL for worldwide) and estimated times for delivery, once your order has been processed, are as follows:
 

UK Standard – 3 - 5 working days

UK Fastrack – 48 hours

Europe – up to 8 days

International – up to 21 days
 

Melantaed82 aims to process all orders within two (2) working days; however, this is not guaranteed.
 

In any event, orders are delivered at the latest thirty (30) days after you place your order. If Melanated82 are unable to dispatch the product within that time, Melanated82 will email you to let you know and give you an estimated delivery date. In these circumstances, you can cancel the order and receive a full refund. 
 

Shipping costs are not included in the Product price and will be shown separately on the checkout page.
 

All and any delivery times quoted are estimates, and Melanated82 cannot guarantee to deliver at any particular time or date.
 

8. Defective Products
 

Melanated82 warrants to you that any Product purchased from Melanated82 through our site will, on delivery, be of satisfactory quality and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Any descriptions, images or illustrations contained on our site are produced for the sole purpose of giving an approximate idea of the Products. They shall not form part of the Contract and shall have no contractual force.

 

In the unlikely event that the Products do not conform with the above or have been damaged in transit in any way, please let Melanated82 know as soon as possible after delivery, providing photographs of any damage.

 

You should return the Products to Melanated82, at our cost, and once Melanated82 have checked that the Products are faulty, Melanated82 will, at our sole discretion:

 

 

• provide you with a full refund and any applicable delivery charges and any reasonable costs you incur in returning the item to Melanated82 or replace the Products.
• process the refund due to you as soon as possible, and, in any case, within 30 days of the date, Melanated82 notified you via email that you are entitled to a refund.

 

These terms will apply to any replacement Products Melanated82 supplies to you.

 

9. Notice of Your Statutory Right to Cancel 

 

You can withdraw from your order at any time before Melanated82 accepts it.

 

You may cancel a contract at any time within 14 days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refund policy.

NOTE: This cancellation right does not apply in the case of sealed goods if they have become unsealed after delivery unless the product is defective.

 

To cancel a contract, you must inform Melanated82 in writing. 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.

You must also return the Products to Melanated82 as soon as reasonably practicable, no later than fourteen (14) days from when you informed Melanated82 of your decision to cancel, and at your own cost. 

Products should be returned in their original packaging, unused and unopened. 

 

You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, Melanated82 may have a right of action against you for compensation.

Melanated82 will refund the purchase price of any goods returned no later than 30 days from the day you give us notice of cancellation. Melanated82 will refund you using the same means of payment you used for the initial transaction unless expressly agreed otherwise.

 

This provision does not affect your other statutory rights as a consumer.

 

10. Events Outside of Our Control (Force Majeure)

 

Melanated82 shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. These include, but are not limited to, acts of God, power failure, internet service provider failure, industrial action, war, fire, explosion, acts of terrorism, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond our control. 

 

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Melanated82 will have an extension of time for performance for the duration of that period. Melanated82 will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

11. Allergic Reactions 

 

Although Melanated82 work hard to avoid it, Melanated82 cannot promise that every user of our Products will not have an allergic reaction. 

Should you experience a reaction to one of our products, you should:

 

 

• Discontinue use immediately.
• Seek medical advice.
• Contact Melanated82 for advice, refunds and/or alternative products.

 

 

12. Limitation of Liability

 

Melanated82 disclaim any and all liability to you for the supply of the products to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. 

 

If Melanated82 are found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant Products. 

 

Melanated82 cannot accept any liability for any loss, damage, or expense, including any direct or indirect loss, such as loss of profits, to you, howsoever arising. 

 

This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

 

Melanated82 do not accept any liability for any delays, failures, errors, omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

Melanated82 have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, Melanated82 cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

 

13. Communication and Contact Details

 

If you wish to contact Melanated82 to exercise your cancellation rights or to report missing or damaged items, you may contact Melanated82 by email at melanated82.customercare@gmail.com or by writing to Melanated82 at 483 Green Lanes, London, England, N13 4BS.

 

14. Data Protection

 

‘Data protection legislation’ refers to the Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of personal data and the privacy of electronic communications, as amended, replaced, or updated from time to time. 

 

All personal information that Melanated82 may collect (including, but not limited to, your name, a delivery address, email address and telephone number) will be collected, used, and held in accordance with the provisions of data protection legislation as defined above.

 

How Melanated82 collects, uses, and stores personal information is set out in our privacy policy. 

 

Melanated82 will not pass on your personal information to any other third parties for marketing purposes without first obtaining your express consent.  

 

15. Our Right to Vary These Terms and Conditions

 

Melanated82 have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

 

You will be subject to the policies and terms and conditions in force at the time that you order products from Melanated82 unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Melanated82 notify you of the change to those policies or these terms and conditions before Melanated82 send you the Email Confirmation (in which case Melanated82 have the right to assume that you have accepted the change to the terms and conditions, unless you notify Melanated82 to the contrary within seven working days of receipt by you of the Products).

 

16. Other Important Terms

 

If, for any reason, any of the terms included in this agreement become illegal or otherwise unenforceable, the remaining terms will not be affected and will still apply.

 

The failure by Melanated82 at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion. 

 

The agreement between Melanated82 for the sale of Products shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by you, without our prior written consent.

A person who is not a party to the contract shall not have any rights to enforce its terms.

 

17. Governing Law and Jurisdiction

 

 

Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the Courts of England & Wales.