Terms & Conditions
At D’STILL Apothecary Ltd we are committed to protecting and respecting your privacy. We aim to be transparent in how we look after your personal data. This notice explains when and why we collect personal information about the people who visit our website, who requests information or enquires about a product from us. This notice explains how we use the data, will inform as to your privacy rights and how the law protects you.
Our privacy practices are in line with requirements set out in the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
Any questions regarding this notice and our privacy practices should be sent by email to: email@example.com
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
SCOPE OF NOTICE – WHO ARE WE AND WHO DOES THIS APPLY TO
This notice is an information piece for those who interact with any part of our organisation. The policies explained in this notice apply to all external data subjects.
This website is not intended for children under the age of 18 and we do not knowingly collect data relating to children. If you are under the age of 18, please stop using our services.
HOW DO WE OBTAIN INFORMATION FROM YOU
We obtain information about you when you use our website, buy from us, or contact us in any way (email, social media, calls, mail). We primarily collect your data when you buy from us, contact us about products and services, or if you register to receive our email newsletter or order our printed book.
Other examples of when we collect data are when you…
▵ use the website (including collecting data on your browsing habits)
▵ register for, or create an account with us
▵ search for, purchase and/or return products to us
▵ request an e-receipt from us
▵ communicate with us by telephone, email or otherwise
▵ sign up for our newsletters and or to receive other marketing
communications from us
▵ participate in any discussions via social channels on or linked to the website ▵ enter any prize draw, competition or participate in any promotion organised
▵ complete any survey that we send you, for example if we ask for feedback
WHAT TYPE OF DATA DO WE COLLECT/PROCESS
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
▵ Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
▵ Contact Data includes billing address, delivery address, email address, and telephone numbers.
▵ Financial Data includes bank account and payment card details.
▵ Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
▵ Technical Data includes internet protocol (IP) address, your login data, browser type, and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
▵ Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
▵ Usage Data includes information about how you use our website, products, and services.
▵ Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. We may, however, collect information about your health in certain circumstances, such as information relating to the health of the skin, lifestyle choices and habits affecting your wellbeing for the purpose of providing better skincare services or an adverse reaction to a product.
We may also collect information from third parties, or combine your information with information lawfully obtained from third parties such as technical, payment and delivery service providers, advertising networks, social media platforms, analytics service providers and search information providers.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED
We use different methods to collect data from and about you including through…
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
▵ apply for our products or services;
▵ create an account on our website;
▵ subscribe to our service or publications;
▵ request marketing to be sent to you;
▵ enter a competition, promotion or survey; or
▵ give us feedback or contact us.
Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
▵ analytics providers such as Google;
▵ search information providers such as Google and Bing etc.
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Paypal.
What is a cookie? A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
“Cookie Law” means all laws applicable from time to time to the operation of cookies including the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (GDPR)
All cookies used by and on our websites are used in accordance with current Cookie Law. We use the following cookies:
Strictly necessary cookies
These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). This also allows us to keep a track of what you have in your D’STILL shopping cart.
These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
HOW DO WE USE YOUR DATA
▵ We use personal information about you in connection with the following purposes:
▵ The information we collect enables us to:
▵ Fulfil your requests and manage your accounts with us, for example so that we can:
- process orders, deliver products and services, process payments and carry out any other obligations arising from any contracts entered into between you and us;
- provide you with customer service functions such as following up on abandoned shopping carts, or to see if there was a problem with your use of the website;
- notify you about changes to our website, or services; and
- maintain and update your Account with us.
▵ Tailoring our communication with you and profiling – for example so that we can:
- with your consent, keep you informed about products or services that are similar to those that you have already purchased or enquired about, or that might be of particular interest to you;
- with your consent, provide you with information that might be of particular interest to you (such as upcoming events), or contact you about surveys and user groups. Participation in surveys is entirely voluntary and you are under no obligation to take up an invitation from us to participate;
- analyse your personal information to create a profile of your interests and preferences so that we can contact you with information relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively.
- offer you the opportunity to take part in prize draws. Entry to prize draws is entirely voluntary, and you are under no obligation to take up an invitation from us to enter; and
- measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you, which may be based on your activity on our website(s) or the those of third parties’.
▵ Otherwise enhance your interaction and experience with us, for example so that we can:
- administer our website including for internal operations, trouble shooting, testing, research, statistical and survey purposes;
- improve and optimise our website customer experience and develop new services;
- analyse how you and others use our website;
- customise your experience when using our website or other services;
- measure the effectiveness of any advertising we serve and to fulfil our contractual obligations;
- deliver relevant advertising to you;
- prevent fraudulent transactions or other illegal activities; and
- keep our business records.
Any of these functions may be carried out by us and we will always process any personal information in accordance with this Privacy Notice.
We do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
WHO WE SHARE INFORMATION WITH
We will not sell or rent your personal information to any third party without your express consent unless we are required or permitted to do so by law.
In order to ensure that we offer the best service, it may be necessary for us to share the information we collect (which may include your personal data) with trusted business partners, suppliers and sub-contractors for the fulfilment of any contract we enter into with them and with you.
When we use third party providers, we use only the information necessary to deliver the service and we are required to have a contract in place that requires them to keep your information secure. For example, we may share:
▵ your name, delivery address, email and phone number with our partner courier companies in case they need to contact you in relation to a delivery;
▵ your identity, billing address and payment card information with our payment processors so that payment for an order can be collected;
▵ your identity and payment card information with our payment processors to conduct PCI 3DS security checks, so that they can check your card is not being used without consent; for internet purchases our website is hosted through Shopify and Shopify state they are certified Level 1 PCI DSS compliant;
▵ analytics and search engine providers that assist us in the improvement and optimisation of the Site and our services;
▵ business partners and service providers who assist us in carrying out customer relationship management services (such as monitoring and responding to customer orders and queries) and analysing the results of customer surveys and requests for feedback;
▵ advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
Those of our partners who need to access personal information to perform their business services may not use the data for other purposes.
Where we share financial details, these will always be entered on a secured page and transferred using SSL, a cryptographic protocol designed to provide communication security over the Internet.
In the event that we sell or buy any business or assets, it may become necessary to disclose your personal data to the prospective seller or buyer of such transactions. Your information may also be transferred to another company in the event of sale of the whole or part of our business to a third party.
In certain circumstances we may be obliged to disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, to prevent and detect fraud and to protect and defend our rights and property.
MORE ABOUT HOW WE COMMUNICATE WITH YOU
We send two types of emails: customer service emails required to maintain the website and our services, and newsletters or other marketing communications containing information about product, special offers, news and information that might be of interest to you.
While customer service emails are necessary to help you benefit from our services, you may choose not to receive marketing communications when you set up your Account. You may also choose not to receive marketing communications at any time, by clicking the unsubscribe link in any marketing communications emails.
You can ask us or third parties to stop sending you marketing messages at any time by updating your subscription preferences by clicking the opt-out link in any email you receive from us or third parties.
Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, product experience or other transactions.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
By signing up for our newsletters or to receive other marketing communications from us, you accept that your personal data may be used for such purposes. You consent to receive such marketing communications from us using any contact method which you have provided us with such as by post, email and telephone.
You may also receive marketing communications containing information and special offers from third parties by post, if you have consented to receiving such communications.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
DATA RETENTION - HOW LONG WILL YOU USE MY PERSONAL DATA FOR
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see below for further information.
In some circumstances, we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS - HOW CAN I ACCESS AND UPDATE MY INFORMATION
The accuracy of your information is important to us. We’re working on ways to make it easier for you to review and correct the information that we hold about you. In the meantime, if you change email address, or any of the other information we hold is inaccurate or out of date, please email us at: firstname.lastname@example.org or update your personal details via your online account.
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
▵ If you want us to establish the data’s accuracy.
▵ Where our use of the data is unlawful but you do not want us to erase it.
▵ Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
▵ You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us using the details provided above.
If you wish to raise a complaint on how we have handled your personal data, you can email us at email@example.com and we will investigate the matter.
If you are not satisfied with our response or believe we are processing your personal data, you can complain to the Information Commissioner’s Office (ICO). Information Commissioner’s Office (ICO) email firstname.lastname@example.org Website address is https://ico.org.uk/
KEEPING YOUR INFORMATION SAFE
When you give us personal information, we take steps to ensure that it’s treated securely. Any sensitive information (such as bank, credit or debit card details) will always be entered on a secured page and transferred using SSL, a cryptographic protocol designed to provide communication security over the Internet.
When you are on a secure page, a lock icon will appear on the web browser.
Non-sensitive details (your email address etc.) are transmitted normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems.
Where we have given (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We know it is important to protect the privacy of children aged 18 or under. If you are aged 18 or under‚ please get your parent/guardian's permission before using our website and always prior to providing us with personal information.
If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. If we happen to have deleted your account and you are over the age of 18, please contact us at: email@example.com and we will endeavour to rectify the error.
Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at: firstname.lastname@example.org
LINKS TO OTHER WEBSITES
In addition, if you linked to our website from a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third-party site and recommend that you check the policy of that third-party site.
TRANSFERRING YOUR INFORMATION OUTSIDE OF THE UNITED KINGDOM
We operate internationally. Generally, we store your data within the United Kingdom (UK). However, we may need to transfer your personal information outside the UK to a country which may not have equivalent protections for your data as your country of residence.
By way of example, this may happen if any of our servers are from time to time located in a country outside of the UK for example our newsletter provider.
If we transfer your data outside of the UK, we will take steps to ensure that your rights and freedoms in respect of the processing of your personal data are adequately and appropriately protected and comply with all legal requirements.
If you use our services while you are outside the UK, your information may be transferred outside the UK in order to provide you with those services.
By submitting your personal data, you’re agreeing to this transfer, storing or processing.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
OTHER APPLICABLE TERMS
INFORMATION ABOUT US
www.dstill.co.uk is a website owned and operated by D’STILL Apothecary Ltd, a limited company registered in England and Wales under company number 12388406 and has its office at Corner House, 32-34 Norman Road, St Leonards On Sea, TN38 0EJ, United Kingdom.
Accessing our Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some or all parts of the Website to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to the Website.
Intellectual property rights
We are the owner of all intellectual property rights used in the Website, and in the material published on it. Those works are protected by, inter alia, copyright laws and treaties around the world. All such rights are reserved.
You may, for non-commercial use only, print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
Without prejudice to the foregoing, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on a Website is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
Any information posted by a consumer in regards to product and services is reviewed and sorted regularly. D’STILL Apothecary Ltd. reserve the right to filter and if necessary delete any comments or communication which is of an unkind, racist, sexist, derogatory etc nature, as isuch comments / words shall be deemed in breech of the websites terms and conditions of use and could therefore effect other users experience of the website, products an services.
The Website changes regularly
We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to a Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to the Website and any materials posted on them, including, without limitation any liability for:
▵ loss of income or revenue;
▵ loss of business;
▵ loss of profits or contracts;
▵ loss of anticipated savings;
▵ loss of data;
▵ loss of goodwill;
▵ wasted management or office time; and
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to the Website
Viruses, hacking and other offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on a Website, or on any website linked to it.
Linking to the Website
You may link to the home page of any Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Website cannot be framed on any other site, nor may you create a link to any part of a Website other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Website other than that set out above, please contact us.
Links from the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
If you have any concerns about material which appears on the Website, please contact us at: email@example.com
CONDITIONS OF SALE & TERMS OF SUPPLY - D'STILL Apothecary Ltd
Transactions concluded through the Website
These terms of supply (together with the documents referred to on it) tell you the terms of supply on which we supply any of the products listed on the Website.
Please read these terms of supply carefully and make sure that you understand them, before ordering any products from the Website. You should understand that by ordering any of our products, you agree to be bound by these terms of supply.
You should either print or digitally retain a copy of these terms of supply for future reference.
Please tick the box on the page where you purchase products if you accept them. Please understand that if you refuse to accept these terms of supply, you will not be able to order any products from the Website.
Some restrictions are placed on the extent to which we accept orders from specific countries. If we are unable to ship to your country, it will either be stated in our terms of supply or you will be informed at the checkout.
By placing an order through the Website, you warrant that:
▵ you are legally capable of entering into binding contracts; and
▵ you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail 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 us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
All advertisements and communications made by us on the Website are “invitations to treat”, not offers. This means that if products shown on the site are not available or are incorrectly priced or otherwise incorrectly described, we are not obliged to sell you those products unless they have been confirmed in a Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We 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 Dispatch Confirmation.
We may provide links on Website to the websites of other companies. We give no undertaking that products you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller. Please refer to Price and Payment regarding our payment processing.
If you are contracting as a consumer, this DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
Risk and title
The products will be your responsibility from the time of delivery.
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 (including complimentary delivery).
If you have not received your products within 10 days (UK) and 14 days (International) from the Dispatch Confirmation, you must notify us immediately by email, quoting your order number. If you fail to inform us of non-delivery within this time we will not refund or replace the products.
Price and payment
The price of the products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
The Website contains a reasonable number of products and it is always possible that, despite our best efforts, some of the products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the products to you at the incorrect (lower) price.
Payment for all products must be by credit or debit card. We accept payment with most major credit cards.
All our payments systems are handled by Shopify who uses a secure server that implements SSL technology (certified to the required standard for encrypted credit card transactions) to protect your credit card information and assist your shopping experience.
Any losses incurred or sustained by customers who transmit information by means of e-mail or other internet links shall be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by us. When using a public computer, you must sign out when you have finished shopping.
Competitions and prize draws
From time to time we may run competitions and prize draws (a “Promotion”). Each Promotion will have its own specific terms which will be published on the Website. The following general terms will apply:
▵ There is no cash alternative to the Promotion prize.
▵ All entrants must be over the age of 18.
▵ Our decision is final and no correspondence will be entered into.
▵ Details of the name and county of the Promotion prize winner will be provided upon written request to anyone who writes within one month of the closing date of the competition.
▵ No responsibility is accepted for the provision of incorrect information or entries that are not received by us for any reason.
▵ Promotions are not open to anyone associated with D’STILL Apothecary Ltd
Promotional codes and voucher codes
From time to time we may issue promotional discount codes/voucher codes (a “Code”). Each Discount Code will have its own specific terms which will be published on the relevant Website. The following general terms will also apply:
▵ Codes cannot be used in conjunction with any other discount, promotion or on sale items;
▵ Codes cannot be used to purchase gift vouchers;
▵ Codes are strictly personal and non-transferable;
▵ Codes are only valid for use on the Website and not in any other stores or websites that stock/sell our products;
▵ We reserve the right to withdraw any Code from use at any time without prior notification and at our sole discretion;
▵ There is no cash alternative for the Code;
▵ If cancelling an order placed using a Code, the value of the Code will not be refunded;
▵ Codes must be entered when you checkout and cannot be used at a later time if you fail to do so.
Free gifts with purchase
From time to time, we may run special promotions where we offer free gifts with purchases on certain products, or over certain order values. There may be a selection of gifts on offer, and customers may be required to add their choice of free gift to their basket on checkout. The following general terms will also apply:
▵ Gifts cannot be added to orders retrospectively (i.e. if you forget to add your free gift, we will not be able to add this for you after your order has been placed)
▵ Gift choices cannot be amended after an order has been placed.
▵ All free gifts are subject to stock availability.
▵ We may offer an alternative if the one selected is not available.
▵ Free gift offers may be withdrawn at any time and without further notice.
▵ Gift images displayed on the website are for illustration purposes only.
▵ There is no cash alternative to free gifts.
We warrant to you that any product purchased from us through the Website will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
If we fail to comply with these terms of supply, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms of supply or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
We only supply the product for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
▵ death or personal injury caused by our negligence;
▵ fraud or fraudulent misrepresentation;
▵ any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
▵ any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
▵ defective products under the Consumer Protection Act 1987 and
▵ any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
D’STILL Apothecary Ltd holds Public and Product Liability Insurance covering goods sold, supplied or distributed anywhere in the world. However, in the event of any claim, this can only be brought within jurisdiction of the United Kingdom or Ireland. The customer acknowledges this upon purchase of any of our products.
If you order products from a Website 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 we have no control over these charges and cannot predict their amount.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices and communications
All notices given by you to us must be given to D’STILL Apothecary Ltd. unless we specify otherwise, at:
D’STILL Apothecary Ltd
Town Hall (Office 50), Queens Road, Hastings, East Sussex, TN34 1QR, UK
By email to: firstname.lastname@example.org
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
We may transfer our rights and obligations under these terms of supply to another organisation, but that will not affect your rights or our obligations under this Contract.
You may only transfer your rights and obligations under this Contract if we agree to this beforehand in writing.
Events outside our control
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”)
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following types of events: industrial action; riot, terrorist attack or threat of terrorist attack; natural disasters such as fires, floods or earthquakes; impossibility of the use of public or private telecommunications networks.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We 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.
No waiver by us of any (a) default, or (b) right or remedy under the Contract or any of these terms of supply, will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Each provision of these terms of supply shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Our right to vary these terms of supply
We have the right to revise and amend these terms of supply from time to time. You will be subject to the policies and terms of supply in force at the time that you order products from us.
Law and jurisdiction
Contracts for the purchase of products through the Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
A person who is not a party to these terms of supply or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
D’STILL Apothecary Ltd.