TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using the Website you agree to be bound by these Terms.
Please read them carefully as they affect your rights and liabilities under law. If you have any queries regarding these Terms then please contact us. The only language in which we provide these terms of sale is English.
2. About Us
We S.M.Seruya Limited, a company registered in Gibraltar, registration number 228 with a registered office at 165 Main Street, Gibraltar, GX11 1AA.
If you have any questions, complaints or comments on this Website then you may contact us at firstname.lastname@example.org
3. The Products
You can be confident that at smseruya.com, we work directly with the beauty brands themselves or their licensed distributors.
We are an authorised retailer and sell products that you find on the high street. We do not retail on any market place as eBay, Amazon or via any other third party distributors.
S.M.Seruya Limited has been established for more than 145 years.
We reserve the right to:
update and change these Terms from time to time for legal, regulatory or security reasons. While you will be notified via a suitable announcement on the Website it is your responsibility to check for such changes. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement.
Please email us at email@example.com you have any questions about the Terms.
You warrant that the information which you are required to provide when you register is accurate, current, true and complete. In addition, you are not impersonating any other person.
We will not be responsible for losses suffered by you where your password or username is used by a third party unless this is due to our negligence.
If there are any changes to your personal information, login to your account and make the necessary changes.
6. Order Process
The contract for purchase of a product is formed when we send you an email confirmation of dispatch.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- You must add any the products you wish to purchase to your shopping basket, and then proceed to the checkout;
- If you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
- Once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
- You will then be given the option to pay with credit card or Paypal. If you choose Paypal, you will be transferred to those sites to complete payment;
- We will then send you an initial acknowledgment via email to confirm we have received your order; and
- Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract).
- Once we ship your order we will send an e-mail.
- We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We recommend that you therefore print, download, and or retain a copy of these terms of sale for your records.
You will have the opportunity of identifying whether you have made any input errors by checking your details before placing and confirming your order. You may correct those input errors before placing your order by editing the fields.
We reserve the right not to accept your order or refuse or cancel any order once it has been placed.
This may be done in for example cases where:
- Your payment is not authorized or has been marked as fraudulent, or potentially fraudulent, by the payment system.
- Payment has been made using a card issued in a country we are unable to dispatch to.
- There is an error on the website regarding the price or description of a product.
- The items ordered are no longer in stock or available.
- We have tried contacting you about your order and have not heard back within a reasonable period of time.
By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorized to use the card on which payment was made.
No liability will be accepted in the case where you provide an incorrect delivery address or if you fail to collect the products from the delivery address which you have specified. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products.
Any products purchased on this site are for personal use only and are not for re-sale or distribution. You are limited to purchase a maximum of 10 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
7. Cancellation rights
You can only cancel your order before it has been despatched. If you want to make a change to your order, you should cancel your order and place a new one. Log into your account and send us an email to cancel your order.
If you would like to cancel your order once it has been despatched, please refer to our returns policy.
If you choose to cancel your order we will refund the full purchase price.
Full information can be found in our returns policy.
8. Returns, Refunds and Damages
We want you to be completely satisfied with your purchase. If for any reason you are not satisfied with your purchase we will be happy to offer you a refund or exchange if the item(s) is unopened, unused and in a re-saleable condition, packaging and any cellophane intact and unopened and must be returned within 28 days of dispatch.
Regrettably for hygiene reasons, we are unable to offer a refund on lipsticks, lip liners, liquid liners, lip glosses, mascaras, eye pencils, and nail polishes.
Faulty or Incorrect Items
All items are thoroughly inspected before they are despatched. In the unlikely event that you receive an item from us which is faulty or incorrect, please return the item to us within 28 days of receipt and we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us provided they are agreed (in writing) by us beforehand.
To return a faulty or incorrect item you will need to follow the returns procedure as above.
Please note that if you fail to take reasonable care of returned products, or fail to return the product to us, we will not be able to proceed with the refund.
9. Delivery to Gibraltar
If the value of your purchase is over £100 you will be entitled to free home delivery. We will arrange for the delivery of your order to be sent from our warehouse to the address provided by you.
We normally expect to despatch all orders within one working day of you placing the order and in some cases orders will be sent within a 3 day period. If we are unable to dispatch the product within the time indicated in our confirmation email then we will provide you with an estimated delivery date. In these instances you will have the right to cancel the order and receive a full refund.
We will try our utmost to process orders, answer emails and returns in good time but occasionally due to volume there maybe delays. In the run up to really busy periods like Christmas you may face some delays due to the high volumes.
9.1 Click & Collect
Our free collect in store service is available at our 165 Main Street store. All you need to do is select this option at checkout and we will send you an email when your order is ready to collect – please remember to bring your order number with you to the store.
If you live outside of Gibraltar and wish to place an order you can arrange for your purchases to be collected from our store at 165 Main Street when you visit Gibraltar.
Alternatively, if you do not require delivery or your order does not meet the £100 minimum for free delivery, you can collect your goods from our store at 165 Main Street.
If you are unable to collect on the day of delivery, we will hold your order in store for 10 working days after which it will be returned and you will get a full refund.
10. Price, Payment & Delivery Charges
All prices of products are explicitly stated on our Website at the time you place your order except in the case of obvious error. We will endeavor to make sure that all prices on our Website are accurate but errors may occur.
In the unlikely event that we find an error in the price of a product that you have ordered, we will not be liable to supply that product to you at the price stated, provided that we notify you before dispatching the product to you. In such circumstances, we will inform you of the correct price as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel no payment will be taken from your card.
Prices are subject to change at any time.
Our prices include all taxes and import duties. In the rare occasion that you are charged taxes, smseruya.com will refund these charges, provided we are notified within 30 days of despatch.
Should you wish to claim a refund on any tax or import duty paid within Europe, please email us to firstname.lastname@example.org and attach a photo/scanned image of the customs receipt and your order number. We can only refund up to the total value paid for the order and all refunds will be issued via the original payment method.
We currently accept the following currencies: UK Sterling GBP. By default the currency used is GBP for all users.
When an order is placed we will require a pre-authorization from your bank/card issuer this is just to authorize payment and also protect your card against unauthorized use when shopping online. Payment can be made by major debit/ credit card including: Visa Delta, Debit MasterCard, Visa Electron, MasterCard Credit, Maestro, Visa Credit or via your PayPal account. Payment will be debited from your account at the time of or shortly before dispatch of the product or provision of service to you.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason authorize payment to us we will not be liable to you for any delay or non-delivery.
Any fraudulent use of debit / credit cards will be reported to the relevant authorities. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We take no responsibility for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
11. Intellectual Property & Copyright
You acknowledge that all the material and content supplied as part of the Website shall remain with us or our licensors and protected by trade marks, design rights, copyright or any other intellectual property rights.
You agree not to reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. You may electronically display the content of the Website on a computer screen, or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. No content may be used for any other purpose without our prior written permission.
12. Limitation of Liability
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and 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, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. We will not be liable for any loss or damage that may arise from your use of them.
You may only use the website in a lawful manner. You agree to accept all the applicable laws and regulations regarding the use of the website.
You agree to fully indemnify, defend and hold us, and our directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
15.1 E-Gift Card online only
An S.M.Seruya E-Gift Card can be used to buy any product sold on smseruya.com. The currency of the E-Gift Card will be in pound sterling.
You can purchase an E-Gift Card online. If purchased online we will issue you the E-Gift Card via email which will contain an electronic voucher code. To purchase online, click on E-Gift Card on the footer of our page and select the value of the card, you will then be required to give your name and email and the recipient’s email address along with a personal greeting of your choice.
How do I use an E-Gift Card online?
When you receive your E-Card please register it straight away. This will add the credit to your account immediately, ready for you to spend. Just enter the 16 digit code into the E-Gift Card tab on your Seruya.com account and click ‘Add’. Once the E-Gift Card has been added to your account, it can’t be transferred to another account. You can also add it in checkout and click ‘Add’ in the E-Gift Card code section on our website.
When you want to buy something using your E-Gift Card, it will automatically appear when you reach the checkout. Just click ‘Redeem’ to use your E-Gift Card to pay.
If you’re spending more than the value of your E-Gift Card, you’ll need to pay the extra bit using a credit or debit card in the usual way. If you’re spending less than the value of your E-Gift Card, the credit will stay on your account for you to spend later, but you’ll need to spend it before the expiry date of the E-Gift Card.
At the point of payment in checkout, as long as the E-Gift Card covers the entire cost of the order, you won’t need to use your debit/credit card.
Do E-Gift Cards expire?
Yes, they will expire after 12 months.
There isn’t enough credit on my E-Gift Card to pay for the whole order. How can I pay the remaining balance?
You may pay the remainder using a debit/credit card.
Can I cancel an E-Gift Card?
E-Gift Cards can be cancelled within 24 hours of completing the order as long as it hasn’t been added to any account. If that timescale has already gone, and the E-Gift Card hasn’t been used or associated with an account, get in touch with our customer support team. We will cancel it for you or if it’s because of a mistake in the email address, we’ll change it for you and send you another one.
I have lost my E-Gift Card?
In an event where the E-Gift Card is lost, do not worry as we keep track of all the E-Gift Card we issue. Send us an email with a description as to what has happened and state your name and email address to which the E-Gift Card was issued and we will email you the details of your E-Gift Card as soon as possible.
Can I return an item purchased with an E-Gift Card?
Yes – using an E-Gift Card is considered to be the same as any other form of payment. The refund will be issued in E-Gift Cards to the same value.
Does the E-Gift Card have any restrictions?
E-Gift Cards requires a minimum purchase of £10 purchase up to £1,000 maximum. You may use more than one E-Gift Card per order. You can use your E-Gift Card in conjunction with any other discount code.
Gift with Product Promotion
If we offer a free gift with a product the offer is per transaction, therefore only one free gift for every transaction. The free gift is subject to availability.
Corporate Gift cards or E-Gift Cards are great for business incentive programs, staff gifts, perks or rewards and gives your employees or customers the opportunity to choose their own rewards either online or at any of our stores. Your business will benefit from the discount available when you order gift cards in volume. We offer a complete fulfillment service making the whole process as simple as possible.
Our gift cards can be used exclusively in any of our stores.
Our E-Gift Cards can be used exclusively online on our website.
For more information click HERE.
15.2 Gift card in store only
A gift card can be bought online which can be used in store only.
15.3 VIP Cards
You may collect VIP points both in store and online. You can only spend your VIP points at our Main Street Stores. You cannot collect or spend VIP points at our Airport store.
If you hold a VIP Card, any purchases placed online will be added to your account accordingly.
Any reviews submitted by you will give us the right to use, amend, adapt, reproduce, publish and display in any form of media.
17. Entire Agreement
These terms form the entire basis of any agreement reached between you and us.
18. Law & Jurisdiction
These terms shall be governed and construed in accordance with the laws of Gibraltar and any disputes will be decided only by the Gibraltar courts. We agree that the courts of Gibraltar will have non-exclusive jurisdiction.
19. Promotional codes
You may only use a promotional code on non sale items. Only one promotional code can be used at one time in a single purchase.