GENERAL

This Site is operated by Silk E-Way Limited whose registered office is at 9 Hardegray Close, Sutton, SM25FQ, United Kingdom, and whose company number in the register maintained by the Companies House is 12816718 and registered VAT number is GB 389 6540 40. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions. By accessing or using any part of the site, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions and it is your responsibility to check these Terms and Conditions from time to time. If you do not agree to our right to change the Terms and Conditions or the Site from time to time please do not use the Site.

References in these Terms and Conditions to “you”, “your”, “user” and “customer” all relate to the party using the Website/Site.

References in these Terms and Conditions to site refer to the websites  http://www.beautyenvoy.com/ and http://www.silkeway.com/ and references to “we, “us”, “our”, “BeautyEnvoy” and “Silk E-Way” relate to Silk E-Way Ltd (Company Number 12816718) registered office: 9 Hardegray Close, Sutton, SM25FQ, United Kingdom.

 

IMPORTANT LIABILITY STATEMENT

The information available on or through this site, and the services supplied via or in connection with this site is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the products are suitable for you and it is not our responsibility to do so.

Where the site or any submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

We try to make sure that all information contained on the site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the site and therefore we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this site.

Our liability to you in connection with any product purchased through the website is strictly limited to the purchase price of that Product.

Date of last update: 01 October 2021

 

  1. DEFINITIONS

In these terms and conditions, the following definitions apply:

“Dispatch Confirmation” the email we send you confirming your order (at which point the contract between us will be formed);

“Materials” defined in clause 2.2;

“Products” means any products offered for sale on the website;

“Services” means any information and services ordered and/or provided by us through or via the related Site including, without limitation, all services offered as part of the Repeat Purchase functionality. For the avoidance of doubt, any electronic information supplied to you by us will constitute part of the “Service” not a Product and cancellation rights will apply accordingly;

“Site” means the web site at the URL www.beautyenvoy.com , www.silkeway.com or WAP site or replacement site(s) from time to time;

“Submission” means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.

2.USE OF THIS SITE GENERALLY

2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.

2.2 The intellectual property rights in all materials on the Site and supplied as part of the Products or Services (“Materials”) are owned by us or its third-party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trademark or other intellectual property right notices contained in any Materials or copies of the Materials.

2.3 Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes and to edit your Submissions in the event that we deem it necessary or desirable to do so for whatever reason.

2.4 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that we may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.

2.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.

2.6 You acknowledge that you will not be able to edit or delete any Submission after submission.

2.7 Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at info@silkeway.co.uk. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary if any.

2.8 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of BeautyEnvoy or any third party.

2.9 We accept no obligation to monitor the use of the Site. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. We will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

2.10 We may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

3.YOUR PERSONAL INFORMATION

3.1 Use of your personal information is governed by our Privacy Policy which forms part of these terms and conditions. In the event that we undergo reorganisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

4.LIABILITY

4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms or in accordance with your statutory rights, we do not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.

4.2 The Site includes links to external sites and co-branded pages. We have included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. We do not endorse the content of external sites and are not responsible for the content of these sites and pages or for anything provided by them.

4.3 Subject to the important liability statement, we are not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

4.4 The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.

4.5 We do not seek to exclude or limit liability for:

(a) death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

and all exclusions or limitations of the liability which we set out in these terms and conditions shall at all times be subject to the provisions of this clause 4.5.

5.PASSWORD

5.1 As part of the Services offered via this Site, you may be issued with an individual password that can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

5.2 In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and us of such failure or error.

5.3 We reserve the right to change your password and user name at any time at its sole discretion and you agree to notify us promptly of any changes to your registration details.

6.SUSPENSION AND TERMINATION OF SERVICE

6.1 We may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error-free.

6.2 We may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to us.

7.ELIGIBILITY TO PURCHASE PRODUCTS

7.1 We do not sell products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.

7.2 In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/debit cardholders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. We are not responsible in the event that your payment card provider refuses to authorise payments.

7.3 We will charge your credit or debit card at the time that you place your order, but will not be obliged under any circumstances to send you a Dispatch Confirmation and/or accept or dispatch your order, if there is a problem with the authorization of the full payment on your credit or Debit card.

8.ORDERING PRODUCTS, ACCEPTANCE

8.1 By placing an order through our Site, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old; and (c) You are accessing our site from the United Kingdom.

8.2 Our Site is only intended for use by people in the United Kingdom. We do not accept Orders from people outside the United Kingdom.

8.3 By placing an order with us online and providing an email address you agree that an account will be created for you and as such you agree to receiving emails in relation to your order (order confirmation, order update and shipping confirmation emails), emails relating to past purchase (product review emails and loyalty scheme update emails) and our newsletters. Should you not wish to receive any of these you can opt out in the account page online or by informing by email to info@silkeway.co.uk

8.4 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to BeautyEnvoy to buy a Product via the Site (and BeautyEnvoy reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (Dispatch Confirmation). Our acceptance of your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email.

8.5 Acceptance of an order placed by you online and the completion of the contract between BeautyEnvoy and Yourself will take place once your order has been dispatched, unless your order has been cancelled in accordance with the order cancellation instructions set out below.

 

8.4 It is your responsibility to inform us of any change of address or other relevant details such as payment card details.

  1. PRICING, AVAILABILITY AND DISPATCH INFORMATION OF PRODUCTS

9.1 The information displayed on the Site as to pricing and availability is subject to change by BeautyEnvoy Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.

9.2 While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.

9.3 In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product’s actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

9.4 Availability and Delivery Subject to due payment for the Products, our order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 10 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

 

  1. CANCELLATION RIGHTS FOR DISPATCHED PRODUCTS

10.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.

10.2 You will not have any right to cancel a Contract for the supply of any Products in the following circumstances:

(a) whereby reason of their nature (and the manner in which you have taken care of them) the Product(s) cannot be returned (for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers due to health & safety or hygiene reasons); and/or

(b) where the Product(s) has been customised to your chosen specifications.

10.3 Your legal right to cancel a contract starts from the date of the Dispatch Confirmation, which is when the contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

Your contract is for a single product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your contract is for either of the following:

(a) one product which is delivered in instalments on separate days.

(b) multiple products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your product or the first of your separate products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate products at any time between 1 January and the end of the day on 29 January.

10.4 To cancel a contract, you need to let us know that you have decided to cancel. The easiest way to do this is to email us at info@silkeway.co.uk. If you use this method we will e-mail you to confirm we have received your cancellation. The Product(s)covered by the cancellation must then be returned to us at the following address:

Silk E-Way Ltd, 9 Hardegray Close, Sutton, SM25FQ, United Kingdom

 When returning items, you are strongly recommended to carefully pack the items and obtain proof of posting. We cannot accept responsibility for parcels lost in transit.

10.5 If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you e-mail us before midnight on that day. 

10.6 If you cancel your contract we will:

(a) refund you the price you paid for the products. However, please note:

(i) we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop; and (ii) when returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.

Please note that it can take up to 10 days for us to receive your return, depending on which postal service you use. Once returned has been received by us, we will examine returned product immediately and notify you of your refund or confirm that we will exchange product (if such requested). Refunds are usually processed on the day of receipt, although it may take up to a further week for the amount to show in your account.

(d) Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements. If you used vouchers to pay for the product we may refund you in vouchers.

10.7 If a product has been delivered to you before you decide to cancel your contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. If you do not return the Products within 14 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site;

(b) subject to clause 11 below, unless the product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection (which will not be materially inconsistent with the sums we charged you for delivery);

(c) If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us, subject to clause 11.

10.8 As you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.

11.OUR REFUNDS AND EXCHANGE POLICY

11.1 When you return a Product to us (for instance, because you have cancelled the Contract between us in respect of that Product in accordance with clause 10, or have notified us that you do not agree to any change in these Terms or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and notify you of your refund, or (where you have said that you want to exchange the Product) confirm that we will exchange the Product, via email within a reasonable period of time. We will refund any money received from you by making a payment to the original payment card that you used when you paid for the relevant Product. We will usually process the refund or exchange on the day of receipt and, in any case, within 14 days of the day we received your cancellation or the day we email the Return Authorization to you. Please note, however, that you will not under any circumstances be entitled to any refund or exchange from us until we have actually received the Product to be refunded or exchanged, from you. When you return a Product, please remember to return the Return Authorization with it. Failure to return the Return Authorization may delay the processing of the return or exchange, as the case may be. 

11.2 As an alternative to requesting a refund, you can request that the returned Product be exchanged for exactly the same type of Product. We cannot exchange a Product for a different type of Product. If you want a different Product you must request a refund for the relevant Product, and order the new Product separately.

11.3 If a Product is returned by you because it is defective, and you have requested a refund, we will refund the full price that you paid for the Product (including the delivery charges for sending it to you), and we will also refund the cost incurred by you in returning the Product to us. 

11.4 If a Product is returned by you within the seven-day cooling-off period and you have requested a refund, we will refund the full price that you paid for the Product (including the delivery charges for sending it to you), however we will not refund the cost incurred by you in returning the Product to us.

Note :

We will offer a full refund, or exchange, on any products that are found to be faulty. In accordance to the law, you also have the right to cancel your purchase, for any reason, by giving us notice via email or post, for up to seven days after receiving the products, in which case we will provide you with a full refund minus our postage costs. Products must be returned in full resalable condition i.e. with all seals still intact. If any of the tamper seals have been damaged, we reserve the right to refuse a refund on the item. Unwanted products should be returned along with a copy of the receipt. We cannot accept liability for goods lost or damaged during transit, therefore please ensure that you have wrapped the product carefully. Please note that make-up products are non refundable for hygiene reasons.

12 WARRANTIES

12.1 We warrant that the Services will be supplied with reasonable skill and care.

13 STATUTORY RIGHTS AND REFUNDS

13.1 We amend these terms and conditions from time to time. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.

By browsing the Site you are accepting that you are bound by the current terms and conditions which relate to your use of the Site. You should check these each time you revisit the Site.

13.2 These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

13.3 If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. 

13.4 We may delay enforcing its rights under these terms and conditions without losing them. 

13.5 You agree that we may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

13.6 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

13.7 If you are contacting as a consumer, you may cancel a Contract in respect of either some, or all, of the Products that that Contract relates to, at any time within seven working days, beginning on the day after you receive the Products by emailing us. 

13.8. In this case, you can either request a full refund of the price paid for the relevant Products, or you can request that the relevant Products be exchanged, in accordance with our refunds and exchanges policy set out in clause 11. If you cancel a Contract in respect of some of the Products that it relates to, this will not affect the Contract insofar as it relates to any Products that have not been cancelled. 

13.9 If you want to cancel a Contract in respect of any Product you must tell us by sending email to info@silkeway.co.uk telling us whether you want a refund, or whether you want to exchange the Product in accordance with clause 11. After we have spoken to you, we will email to you a return authorization in respect of the relevant Product (Return Authorisation), explaining how you should return the Product to us. When you return a Product to us, you must return the Return Authorisation with it. 

13.10 Any Product must be returned to us unused (except to the extent that was reasonably necessary for you to examine it) in its original packaging and condition, however in the case of any Product bearing a product seal, you must leave that seal intact). Products must be returned at your own cost and risk. Until such time as Products are returned, you must retain possession and take reasonable care of them. You must not return any Product without obtaining a Return Authorization from us and sending it to us with the Product.

13.11 You will not have any right to cancel a Contract in respect of Products which are perishable, such as food items, or which are intended for internal consumption, or if there are any health or safety issues relating to the Products such as in the case of medicines or sanitary Products, unless the Products are damaged or faulty when delivered to you or have been incorrectly delivered.

13.12 Our cancellation rights in these Terms will be confirmed in the Dispatch Confirmation. These cancellation rights do not affect your statutory rights.

13.7 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Silk E-Way Ltd, 9 Hardegray Close, Sutton, SM25FQ, United Kingdom or email to info@silkeway.co.uk 

14 RISK AND TITLE

14.1 The Products will be at your risk from the time of delivery. 

14.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

15 COMPETITIONS & PROMOTIONS

15.1 PROMOTIONS

Discounts and promotional offers are valid when used online at www.beautyenvoy.com and will allow money off, free samples, free gifts or free delivery when you order from BeautyEnvoy. Offers may require the use of specific codes to be entered during the checkout process. Codes are valid for a set length of time. Promotions cannot be used in conjunction with other offers. Unless specified discount and promotional codes can only be used once per customer. 

 

Accounts

To use certain areas of the Site you may need to create an account with us (“Account”). The personal information that you supply to us when creating an Account.

We may refuse an application for any reason. You may only have account with us and we reserve the right and shall be entitled to refuse, merge or close additional accounts at any time. We may also suspend accounts where we suspect that you have registered more than one account. We also reserve the right to charge you for any additional benefit that you may have obtained as a result of having multiple accounts for example by benefitting from more than one new customer discount or multiple promotional codes.

You may only your Account to purchase Products personal use and not for resale or to sell them for business or professional purposes or otherwise on behalf of or in connection with any business.

We may terminate or suspend your Account and refuse any orders you place with us at any time where you are, or we suspect you are in breach of these terms and conditions or have not fulfilled any of your obligations to us or any applicable laws or for any other reason.

We may refuse to accept further orders from you whilst there remains any unresolved dispute between us in respect of previous orders.

It is your responsibility to keep your information up to date and we will not be responsible for any loss that you suffer if you do not keep the details in respect of your Account up to date.

Your Account is not transferrable, and you will be liable to us for all activity and purchases undertaken under your Account.