Terms and Conditions

This Site is owned and operated by Proactiv Skin Health Limited. 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.

 

Please note that when you order your introductory set of Products, you agree that we may send you the same Products in the same quantities and on the same chargeable basis at the intervals indicated in your order (for example 30, 60 or 90 days) from the date of your first order. Special offers, such as discounts, buy one get one free, and free P&P, will apply to first shipment only. Any subsequent shipments subscribed to will be charged at the standard price. Please note that any free gifts or bonuses do not form part of a kit.

 

All products come with our 60 day money back guarantee and you can cancel at any time by phoning on FREEPHONE UK 0808 161 8001 or Ireland 1800 805 412.

 

Important liability statement

The information available on or through this Site, and the Services supplied via or in connection with this Site do not constitute medical advice. While every reasonable effort has been made to ensure the quality and efficacy of the Products, they 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. If for any reason, your condition worsens or you are concerned about the reaction of your skin to the Products, you should seek advice from your doctor.

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, subject to the paragraph below, 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.

We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, or for fraud, for liability under Part 1 of the Consumer Protection Act 1987, or for any other liability which may not by applicable law be excluded or limited and we do not do so. Subject to that, our liability to you in respect of Services in each year is limited to the amount of charges for the Products payable by you to us in that year subject to a minimum of £100.

 

1.

Definitions

In these terms and conditions, the following definitions apply:

"Before and After Story" means any written testimonials you supply to us relating to the Products together with any photographs.

"Club" or “Plan" means the Clear Skin VIP Plan offering newsletters, information and promotions to members relating to the Products and Services and other Proactiv Skin Health products and services;

“Proactiv Skin Health” means Proactiv Skin Health Limited, whose registered office is at 1st Floor 101 St. Martin’s Lane London WC2N 4AZ, and whose company number in the register maintained by the Companies House is 03307025 and registered VAT number is 690671316 and 'we', 'us', 'our' shall mean Proactiv Skin Health;

"Materials" defined in clause 2.2;

"Products" means any products offered for sale on the Site;

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

“Site” means the web site at the URL www.proactiv.co.uk or WAP site or replacement site(s) from time to time.

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 other than the Testimonials ("Materials") are owned by Proactiv Skin Health 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, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.

2.3

Should you submit a Before and After Story to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site and on any other Proactiv Skin Health website which sells or markets the Products and in our marketing materials and for any other business purposes.

2.4

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 Proactiv Skin Health or any third party.

2.5

Proactiv Skin Health accepts no obligation to monitor the use of the Site. However, Proactiv Skin Health reserves 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. Proactiv Skin Health 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.

2.6

Proactiv Skin Health 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 Proactiv Skin Health Privacy Policy, which forms part of these terms and conditions. In the event that Proactiv Skin Health undergoes reorganisation or is sold to a third party, you agree that any personal information Proactiv Skin Health holds 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, Proactiv Skin Health does 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. Proactiv Skin Health has 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. Proactiv Skin Health does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.

4.3

Subject to the important liability statement, Proactiv Skin Health Limited is 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.

5.

Password

5.1

As part of the Services offered via this Site, you may be issued with an individual password which can be used to access the Plan 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 notify Proactiv Skin Health of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your Plan membership for whatever reason.

5.3

Proactiv Skin Health reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Proactiv Skin Health promptly of any changes to your registration details.

6.

Suspension and termination of Service

6.1

Proactiv Skin Health 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 any Sites or pages linked to it will not necessarily be uninterrupted or error free.

6.2

Proactiv Skin Health 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 Proactiv Skin Health or any company in Proactiv Skin Health's group.

7.

Eligibility to purchase Products

7.1

Proactiv Skin Health does 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-member parts of the Site under adult supervision but you may not become a Plan member or purchase Products from the Site. By applying to be a Plan member or 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, Delta or Switch credit or debit card. You warrant that the payment card you submit is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Proactiv Skin Health is not responsible in the event that your payment card provider refuses to authorise payments.

8.

Ordering Products/ Accepted Means of Payment

8.1

IMPORTANT: When you order your introductory set of Products, you agree that we may send you the same Products in the same quantities at the intervals indicated in your order (for example 30, 60 or 90 days)from the date of your first order and that we may debit the credit card you submit for your first order for the same amount (including applicable sales tax and postage) on each subsequent dispatch of Products. Unless you notify us that you want to cancel these automatic repeat orders you will continue to be sent the same Products and your credit or debit card will be charged the price and relevant sales tax and postal charges at the intervals indicated in your order (for example 30, 60 or 90 days).

Special offers, such as discounts, buy one get one free, and free P&P, will apply to first shipment only. Any subsequent shipments subscribed to will be charged at the standard price. Please note that any free gifts or bonuses do not form part of a kit.

8.2

You may cancel future automatic purchases at any time by calling our Customer Care Team on: UK: Freephone (from landlines) 0808 108 1592 / Ireland: 1800 805 420 (Mon-Fri: 8am-7pm, Sat: 9am-5pm). On receipt of your call we will make every reasonable effort to cancel your automatic purchases before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them. Your cancellation rights in relation to dispatched Products are set out in clause 11.

8.3

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

8.4

Payments can be made by most major credit or debit cards or by PayPal. If you wish to pay by PayPal, please note that you will be unable to pay in instalments and you will be charged the full amount for any order placed on the website. Any subsequent shipments subscribed to will also be charged at the full amount.

8.5

In order to avoid interruptions in your service caused by rejected credit or debit card charges, we reserve the right to update your credit or debit card details (such as expiration dates) from your credit or debit card issuer. YOU UNDERSTAND AND AGREE THAT WE ARE ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.

9.

Contract Formation

9.1

You may submit orders on this Site for Products but no contract will exist in relation to the Products until we have confirmed to you by email the particulars of your initial order, the value of your initial order and the initial Products you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Proactiv Skin Health reserves the right to refuse orders for Products.

10.

Pricing, availability and dispatch information of Products

10.1

Information displayed on the Site as to pricing and availability is subject to change by Proactiv Skin Health. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.

10.2

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 3 working days for delivery.

10.3

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. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause 10.4 below).

10.4

Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.

11.

Cancellation rights for dispatched Products

11.1

After we send you the email confirming the dispatch of your Products and you receive the Products, you will then have a 60 day period during which you have a right to return the Products and receive a full refund. Within the 60 day period, you may cancel your order even if you have used all or part of the Products provided you notify us by email at [email protected]. Following such notice, contact Customer Service on FREEPHONE 0808 108 1592 (Mon-Fri 8am-7pm, Sat 9am-5pm) to confirm the return address details and receive a return authorisation number ("RAN") and please follow the instructions relating to returns in your delivery documentation. You must return the containers of the Products covered by the cancelled order in the original packaging to us at: 

Proactiv Skin Health returns unit,
c/o Hermes
St David's Way 
Bermuda Park
Nuneaton
CV10 7SD

 

Products must be returned by registered post (or any other method requiring the recipient to sign on delivery) in their original undamaged packaging. You are responsible for the costs of returning the Products. If you do not return the Products within 60 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.

It can take up to 7 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt. Please allow a further week for the amount to show in your account. Sorry if this seems a little long but the timeframe is dictated by your bank or card issuer.

11.2

When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid. When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.

12

Plan membership

12.1

When you order Products you will be automatically enrolled in the Plan. Membership of the Plan will last until you cancel your order for the Products. You may also enroll in the Plan via the Site if you do not order Products in which case you may cancel your membership by contacting us on [email protected]. For more information about what we may send you through your Plan membership, please refer to our privacy policy.

13

WEEE Regulations

13.1

Under the waste electrical and electronic equipment (WEEE) regulations producers must pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.  Guthy-Renker UK Limited is hence obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us. Customers must return their like-for-like WEEE item to us within 28 days of purchasing their new item. Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled. When returning, please contact our customer service (0808 161 1771).

14

Warranties

14.1

Proactiv Skin Health warrants that the Services will be supplied with reasonable skill and care.

15

Statutory rights and refunds

15.1

THE RIGHTS OF CANCELLATION AND REFUND AND ANY LIMITATION EXPRESSED IN THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

15.2

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

16

General

16.1

Proactiv Skin Health may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email or at the very least by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Proactiv Skin Health may delay enforcing its rights under these terms and conditions without losing them. You agree that Proactiv Skin Health 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.

16.2

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. 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.

16.3

If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Proactiv Customer Service Department, 3rd Floor, Mander House, Mander Centre, Wolverhampton, WV1 3NH  or email: [email protected].

17

Competition

17.1

These are the terms and conditions (the “Terms and Conditions”) that govern the relationship between you, the entrant (“you”, “your(s)”) and Proactiv Skin Health Limited of 101 St Martin's Lane, London WC2N 4AZ (the “Promoter”, “we”, “our”, “us”).

17.2

GENERAL

i.     By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.

ii.     To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. 

iii.     Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable. The declared prize winners’ information will be shared by the independent observer with us, specifically the winners’ name, postal address, telephone number and/or e-mail address, only to the extent that this information is required to award the prize for this Promotion. 

iv. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

 18

Promotions

 18.4

Save 50% on all 90 Day Kits

 

The Proactiv+ Save 50% on 90 Day Kits offer (the “offer”) applies only to first-time customers purchasing any Proactiv+ Introductory 90 Day Kit plus shipping and handling. Maximum 2 kits per customer. Offer valid on 28th November 201 only. All other kits and line extensions featured on the website www.proactiv.co.uk are excluded from this Offer. Offer applies to first shipment only. You will save 50% off all Introductory 90 Day Kits which are charged as follows during the promotional period: Proactiv+ 90 Day Core Kit: £29.95, Proactiv+ 90 Day Shower & Spa Kit: £44.95, Proactiv+ 90 Day Complete Kit: £44.95 plus shipping and handling.
BUT PLEASE NOTE: All future Plan shipments of the Product that you are subscribed to will be charged at our normal price currently: Proactiv+ 90 Day Core Kit: £59.90, Proactiv+ 90 Day Shower & Spa Kit: £89.90, Proactiv+ 90 Day Complete Kit: £89.90 plus shipping and handling.

 18.5

Prize Draw #TrueSelfie – Terms and Conditions

These are the terms and conditions (the “Terms and Conditions”) that govern the relationship between you, the entrant (“you”, “your(s)”) and Proactiv Skin Health Limited of 101 St Martin's Lane, London WC2N 4AZ (the “Promoter”, “we”, “our”, “us”). By entering this prize draw, an entrant is indicating his/her agreement to be bound by these terms and conditions.

ELIGIBILITY

1. The Promotion is only open to residents in the UK, aged eighteen (18) or above. You may be required to supply proof of identity and age. You also must have a full postal address to participate. This is mainly to that we can send the winners their Prize.

2. The following are not eligible to participate in this Promotion: (i) employees of the Promoter, its respective subsidiaries and associated companies and its advertising and promotional agencies, (ii) immediate family members of such employees or of anyone with whom such employees are domiciled and (iii) the independent observer. In these Terms and Conditions, “immediate family” includes mother, father, brothers, sisters, sons, daughters and spouse.

3. The Promoter assumes that by entering the Promotion you have legal capacity to enter the Promotion and agree to the Terms and Conditions (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract).

PROMOTION PERIOD

4. The Promotion starts at 09:00am on Monday 12th October 2015 and closes at 12:00pm on Sunday 25th October 2015 (the “Promotion Period”):

HOW TO ENTER

5. To enter the prize draw via Twitter, tweet your photo using “#Trueselfie (@Proactiv_UK)” and you will automatically receive one entry into the free prize draw. You can only receive one entry so please do not send several tweets.

6. To enter the prize draw via Facebook go to the Proactiv UK Facebook page and post your photo and use the #TRUESelfie as well as @Proactiv_UK and you will automatically receive one entry into the free prize draw. You can only receive one entry. For the Proactiv UK Facebook page go to https://www.facebook.com/Proactiv-527372770635963/timeline/

7. All entries must be made directly by the person entering the competition. Entries made online using methods generated by a script, macro or the use of automated devices will be void.

PRIZE

8. There is one (1) prize consisting of four (4) Proactiv+ 90 Day 3-step Core Kits and one (1) Proactiv+ 30 day 3-Step Core Kit, valued at £259.

9. The prize must be accepted as awarded and is non-transferable or convertible to cash or other substitutes. If due to circumstances beyond our control we are unable to provide the stated prize, we reserve the right to award a substitute prize of equal or greater value.

PRIZE DRAW

10. Our partner, Attercopia, will draw one winner at the end of the Promotion Period, which will be picked at random from all complete entries via Twitter/Facebook. One (1) winner will be selected at random from all eligible entries received during the Promotion Period in the presence of an independent observer and in accordance with these Terms and Conditions.

11. Winner will be announced on 26th October 2015 after 09:00am. We will endeavour to notify the winners on their twitter account and/or e-mail and/or telephone. You will then need to promptly supply your name and address details so that we can supply the Prize.

12. If a winner cannot be contacted after three (3) attempts over two working days on the respective draw date, we reserve the right to select an alternate winner.

13. Use of a false name or address will result in disqualification.

14. We reserve the right to select an alternative winner in the event that we have reasonable grounds for believing that a winner has contravened any of these Terms and Conditions.

15. The name and, if available, home town of the winners will be published on [Twitter] and on [Facebook] after the end of the Promotion Period.

GENERAL

16. By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.

17. To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.

18. Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable. The declared prize winners’ information will be shared by the independent observer with us, specifically the winners’ name, postal address, telephone number and/or e-mail address, only to the extent that this information is required to award the prize for this Promotion.

19. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.