These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website www.hauteskinboutique.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "HAUTE SKIN", "we", "us" or "our", we mean HAUTE SKIN LLC or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) About us
HAUTE SKIN LLC is Limited Liability Company . Our company registered in state of Wisconsin in United States. Our registered company EIN number is 87-3843136
We, along with certain of our affiliates, provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from our brand directly.
3) Our services
The Services we offer allow you to search through the Website and purchase products from our brand directly.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.
In order to use the Services, you must be over 18 years of age.
4) Our liability to you in relation to the Services
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
5) The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, due to nature of the exotic skins we cannot guarantee that all details are always accurate, complete or error free since each skin is unique. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflect the true color of the products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
Products displayed on our site do not contain components that can cause risk to health, property or the environment.
6) Placing order
To order products you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes. The confirmation email will include a description of the products purchased in the order.
Depending on your delivery address, different taxation rules and additional charges may apply. You may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. We don't have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the "Duties and Taxes" section of our Orders and Shipping page.
For US customers, HAUTE SKIN LLC may charge and collect applicable sales or use taxes on purchases made through the Website. Even if sales or use tax is collected, your purchase may be subject to sales or use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. By initiating a return, you agree to disclaim and assign exclusively to HAUTE SKIN (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given,) but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed.
In certain circumstances our delivery partner may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery partner leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that Haute Skin shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
Please also read the information on our Orders & Shipping page as this contains important information about your order and its delivery.
We also offer the option to collect your order from our physical store. Please see our Click & Collect section for more details.
9) International Delivery
Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.
If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see above for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
10) Returns and Cancellation
Please see our Returns & Refunds Policy for information on returns, and our Free Returns service. For further information on cancelling your order under the CCRs, please see below.
Please note that in certain cases we may reject your return of a product and HAUTE SKIN.
Cancelling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCRs") or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order.
Once the products are returned to us you will receive a full refund, including the original delivery costs; however, you will be liable to arrange and cover the full cost of returning the order to the Partner. Please note, our Free Returns service (see Returns & Refund Policy) is not available for orders cancelled under the CCRs.
How to cancel under the CCRs: Except in relation to certain types of products as set out in the Returns Policy, you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products ("cooling-off period").
To cancel a contract, you must clearly inform us, preferably:
• By email: email@example.com, giving us your name, address and order reference; or
If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 14 days after the day on which you notify us of the cancellation and ensure the item(s) comply with the conditions of our Returns Policy.
If you cancel a contract between us within the 14-day cooling-off period, we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which we received your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to the relevant Partner’s address. You will have to bear the full cost of returning the product(s) to the Partner.
For returns using our Free Returns service, please see our Returns & Refunds Policy.
11) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website
The Website is made available free of charge, and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(d) Our liability in relation to the Website
We may update or change the Website or its contents at any time, but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law.
13) Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights on the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights on the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Any trademarks/names featured on our Website are owned by us-the respective trademark owners.
14) Ethical sourcing policy
As a reputable and trusted business committed to offering its customers high quality products.
15) Final Sale
'Final Sale' items are not subject to HAUTE SKIN standard return policy and may not be returned. Any return or refund of 'Final Sale' items purchased from hauteskinboutique.com are made at HAUTE SKIN absolute and sole discretion, subject to applicable laws.
16) Other important information
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control - We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints - We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
17) Governing Law, Jurisdiction, and for US Customers Arbitration
Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
For US customers, these Terms and Conditions, services, as well as all other aspects of your transaction contemplated by these Terms and Conditions, shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles.
Any dispute or claim between you and us (including the websites operated by us) relating in any way to these Terms and Conditions, as well as all other aspects of your transaction contemplated by these Terms and Conditions, including but not limited to your use of the services or websites or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise.
Judgment on the award may be entered in any court having jurisdiction. If either us or you bring any action or proceeding by reason of any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs) to the extent allowed under the law, from the other party. The term ‘prevailing party’ means the party obtaining substantially the relief sought, whether by compromise, settlement, or judgment.
The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
For now, we only have a physical boutique in Medellin, Columbia