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KFV COSMETICS LIMITED
TERMS AND CONDITIONS

Last updated 8th April 2007

IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of this website at www.danielfield.com (‘the Website’) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use this Website. This notice is issued by KFV Cosmetics Limited (‘the Company’).

1.         INTRODUCTION

1.1       You may access most areas of this Website without registering your details with us. Certain areas of this Website              are only open to you if you register.

1.2       By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not              accept this legal notice in full, you must leave this Website immediately. 

1.3       The Company may revise this legal notice at any time by updating this posting. You should check this Website from              time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal              notice may be superseded by expressly designated legal notices or terms located on particular pages at this              Website. 

2.         LICENCE

2.1       You are permitted to print and download extracts from this Website for your own use on the following basis:
(a)        no documents or related graphics on this Website are modified in any way;
(b)        no graphics on this Website are used separately from accompanying text; and
(c)        the Company’s copyright and trade mark notices and this permission notice appear in all copies. 

2.2       Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website              (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the              purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1              above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this              Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this              Website. 

2.3       Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in              any public or private electronic retrieval system or service without the Company’s prior written permission. 

2.4       Any rights not expressly granted in these terms are reserved. 


3.         SERVICE ACCESS

3.1       While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall              not be liable if for any reason this Website is unavailable at any time or for any period. 

3.2       Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance              or repair or for reasons beyond the Company’s control. 


4.         VISITOR MATERIAL AND CONDUCT

4.1       Other than personally identifiable information, which is covered under the Privacy Policy (see Section 3 below),
             any material you transmit or post to this Website shall be considered non-confidential and non-proprietary.
             The Company shall have no obligations with respect to such material. The Company and its designees
             (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the              shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images,
             sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 

4.2       You are prohibited from posting or transmitting to or from this Website any material:
(a)        that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite
             racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in               breach of privacy or which may cause annoyance or inconvenience; or
(b)        for which you have not obtained all necessary licences and/or approvals; or
(c)        which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability,               or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in               the world; or
(d)        which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms,               harmful components, corrupted data or other malicious software or harmful data).

4.3       You may not misuse the Website (including, without limitation, by hacking). 

4.4       The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing              the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or
             paragraph 4.3.


5.         LINKS TO AND FROM OTHER WEBSITES

5.1       Links to third party websites on this Website are provided solely for your convenience. If you use these links, you              leave this Website. The Company has not reviewed all of these third party websites and does not control and is not              responsible for these websites or their content or availability. The Company therefore does not endorse or make              any representations about them, or any material found there, or any results that may be obtained from using them.              If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2       If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the              home page of this Website, and subject to the following conditions:

(a)        you do not remove, distort or otherwise alter the size or appearance of the Daniel Field logo;
(b)        you do not create a frame or any other browser or border environment around this Website;
(c)        you do not in any way imply that the Company is endorsing any products or services other than its own;
(d)        you do not misrepresent your relationship with the Company nor present any other false information about
             Company;
(e)        you do not otherwise use any of the Company’s trade marks displayed on this Website without express written
             permission from the Company;
(f)        you do not link from a website that is not owned by you; and
(g)        your website does not contain content that is distasteful, offensive or controversial, infringes any
              intellectual property rights or other rights of any other person or otherwise does not comply with all applicable
              laws and regulations.

5.3       The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms               and to take any action it deems appropriate.

5.4       You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its
             group companies for breach of paragraph 5.2.]


6.         REGISTRATION

6.1       Each registration is for a single user only. The Company does not permit you to share your user name and password              with any other person nor with multiple users on a network.

6.2      To register with KFV Cosmetics Ltd you must be over eighteen years of age. You must ensure that the details
             provided by you on registration or at any time are correct and complete.

6.3      You must inform us immediately of any changes to the information that you have provided KFV Cosmetics Ltd  when              registering with KFV Cosmetics Ltd by updating your personal details in the My Account Section.

6.4       Responsibility for the security of any passwords issued rests with you. 

7.         DISCLAIMER

7.1       While the Company endeavours to ensure that the information on this Website is correct, the Company does not
             warrant the accuracy and completeness of the material on this Website. The Company may make changes to the
             material on this Website, or to the products and prices described in it, at any time without notice. The material on
             this Website may be out of date, and the Company makes no commitment to update such material.

7.2       The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind.
             Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that
             the Company excludes all representations, warranties, conditions and other terms (including, without limitation,
             the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill)
             which but for this legal notice might have effect in relation to this Website. 


8.         LIABILITY

8.1       The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this
             Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or
             agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may
             result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or
             damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from
             or connected in any way to business interruption, and whether in tort (including without limitation negligence),
             contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or
             the results of use of this Website, any websites linked to this Website or the material on such websites, including
             but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other
             property on account of your access to, use of, or browsing this Website or your downloading of any material from
             this Website or any websites linked to this Website. 

8.2       Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a)        death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b)        fraud; or
(c)        misrepresentation as to a fundamental matter; or
(d)        any liability which cannot be excluded or limited under applicable law.

8.3       If your use of material on this Website results in the need for servicing, repair or correction of equipment,
             software or data, you assume all costs thereof. 

9.         GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.


SECTION 2  KFV COSMETICS LIMITED - TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

1.         FORMATION OF THE CONTRACT

1.1       These terms of sale apply to all goods and services supplied by KFV Cosmetics Limited (‘the Company’), registered in
             England and Wales no. 5844659, registered office address 24 The Dell. Bramley, Rotherham, S66 3ZQ; VAT
             registration number 842883009.  KFV Cosmetics Limited is the owner of the Daniel Field™ Trademark used on this
             site.

1.2       No contract exists between you and the Company for the sale of any goods and/or services until the Company has
             received your acceptance of our offer and sends you our confirmation by e-mail to the address or e-mail address
             you have given. You can accept our offer by post, email or ordering online through this Website, but please note
             that fax is not accepted. Confirmation may be sent by post if requested specifically in writing. Once you have
             accepted our offer to provide the goods and/or services and the Company has confirmed your order, there is a
             binding legal contract between us based on these terms and conditions.

1.3       The contract is subject to your right of cancellation (see below).

1.4       The Company may change these terms of sale without notice to you in relation to future sales. A copy of our terms
             will be available to view and print off at www.danielfield.com.


2.         DESCRIPTION AND PRICE OF PRODUCTS

2.1       The description and price of the goods and services you order will be as shown at www.danielfield.com at the time
             you place your order.

2.2       The services are subject to availability. If on receipt of your order the services you have ordered are not available,
             the Company will inform you as soon as possible, and refund or credit you for any sum that has been paid by you or
             debited from your credit or debit card for the services.

2.3       Every effort is made to ensure that prices shown at www.danielfield.com are accurate at the time you place your
             order. If an error is found, the Company will inform you as soon as possible and offer you the option of
             reconfirming your order at the correct price or cancelling your order. If you cancel, the Company will refund or
             credit you for any sum that has been paid by you or debited from your credit or debit card for the relevant goods
             and/or services.

2.4       In addition to the price, and if applicable, you will be required to pay a packaging and delivery charge for any items
             as part of the services, as shown in the Frequently Asked Questions section of www.danielfield.com.

2.5       All GBP prices on the website include VAT at 17.5%.

2.6       If you are ordering from outside the UK, we advise you to check exchange rates with your bank. You will be charged
             in pounds sterling and the amount you are charged in other currencies will depend on the exchange rate which
             your bank uses.


3.         PAYMENT AND YOUR LIABILITY TO US

3.1       Payment for the services and items and delivery charges can be made by any method shown on www.danielfield.com
             at the time you place your order.

3.2       Please note you are also subject to WorldPay’s terms if you purchase online with your credit or debit payment
             card.

3.3       In circumstances where the Company is required to pay back any amount to WorldPay due to a transaction which
             WorldPay subsequently disputes, even if authorised, then we reserve the right to claim such sum back from you.

3.4       The Company reserves the right to charge you or claim against you any costs and expenses incurred by the
             Company as a result of any chargeback provisions or disputed transactions as may be notified to the Company by
             WorldPay or otherwise incurred by the Company as a consequence of your acts or omissions, including your
             failure to act responsibly with regard to the use of your payment cards which includes taking all sensible
             precautions in such use against fraud as advised by your card issuer when ordering goods and services over the
             internet. Your statutory rights as a customer are unaffected.

3.5       The Company will only deal with orders in £ Sterling.


4.         SUPPORT AND DELIVERY

4.1       Customer Support will be provided with a telephone line, 0800 077 8270, and an email address,
             info@danielfield.com, or you can write to KFV Cosmetics Limited, PO Box 591, Rotherham, S66 3WX.

4.2       Telephone lines will be open from 10am to 4pm and we will endeavour to respond to queries within 48 hours,
             but the Company cannot guarantee this response time.

4.3       The Company reserves the right to alter telephone line opening hours according to customer demand.

4.4       Any goods you order will be delivered to the cardholder at the cardholder address or the delivery address
             provided at the time of placing your order. For overseas deliveries, we may charge you an additional amount for
             overseas postage.

4.5       If delivery cannot be made to your selected address as a consequence of a the Company’s fault, the Company will
             inform you as soon as possible, and refund or credit you for any sum that has been paid by you or debited from your
             credit card or debit card for delivery.

4.6       It is the Customer's responsibility to ensure there is someone at the address given who is competent to accept
             delivery of the goods. Delivery is effected upon the postal service leaving the goods at your address or retaining
             the same at their depot if delivery by the postal service cannot be effected. You may be notified of an alternative
             delivery date or a place to collect the goods by the postal service.

4.7       Every effort will be made to deliver the goods and services as soon as possible after your order has been
             accepted, and in any event within 30 days of acceptance of your order. However, the Company will not be liable for
             any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case,
             the Company will inform you as soon as possible.

4.8       You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once
             they have been delivered to you.

4.9       If for any reason the customer's payment is not received or authorised in accordance with either WorldPay's
             terms or these Terms and Conditions, the Company reserves the right not to deliver the Goods ordered.


5.         YOUR RIGHT OF CANCELLATION AND REFUNDS

5.1       You have the right to cancel the contract at any time up to the end of seven working days after you receive the
             goods (see below). A working day is any day other than weekends and bank or other public holidays. In the case of
             services, if the Company has already incurred costs on your behalf which it cannot recover, such costs will not be
             refunded.

5.2       To exercise your right of cancellation, you must give written notice to the Company by hand, post or e-mail, at the
             address or email address shown below, giving details of the goods ordered, the batch number and (where
             appropriate) their delivery.

5.3       If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for
             returning the goods to the Company at your own cost.   The goods must be in their original packaging, with any
             labels and tags intact, and any accessories or incentives/gifts that were included with the goods should also be
             returned.  The goods must be returned to the address shown below. You must take reasonable care to ensure the
             goods are not damaged in the meantime or in transit. Goods which have been used, opened or are not otherwise in
             their original condition are not eligible for cancellation or a refund.

5.4       Subject to clause 14.1 once you have notified the Company that you are cancelling the contract, the Company will
             refund or credit you within 30 days for any sum that has been paid to them by you or debited from your credit card
             or debit card for the goods.

5.5       If you do not return the goods as required, the Company may charge you a sum not exceeding the direct costs of
             recovering the goods.

5.6       You do not have the right to cancel the contract if the order is for goods which by their nature or are the subject
             of a special offer cannot be returned or are liable to deteriorate or expire rapidly. The Company will notify you at
             the time your order is accepted if this applies.

5.7       Any refunds shall be payable only in accordance with the original payment method unless otherwise agreed by
             the Company.


6.         WARRANTY

6.1       All goods supplied by the Company are warranted free from defects. If you find an item is faulty within 30 days,
             please call our helpline on 0800 077 8270, e-mail us at info@danielfield.com, or write to KFV Cosmetics Limited, PO
             Box 591, Rotherham, S66 3WX. Please supply details of the goods you ordered, your order reference and the batch
             number when you contact us.  This warranty does not affect your statutory rights as a consumer.

6.2       This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident,
             negligence by you or any third party, or use otherwise than as recommended by the Company.

6.3       If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the
             goods, you should notify the Company in writing at the postal or email addresses shown below within Contact
             Details.


SECTION 3  KFV COSMETICS LIMITED - DATA PROTECTION AND PRIVACY

1.1       The Company will take all reasonable precautions to keep the details of your order and payment secure, but
             unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied
             by you.

1.2       The Company will only use the information you provide about yourself for the purpose of fulfilling your order, or
             as specifically requested and agreed by you.  The Company would like to notify you of products and offers that may
             be of interest to you from time to time, and we may, with your permission, share your information with carefully
             selected third parties. If you would prefer not to receive such information please contact the Company at the
             address, e-mail address or telephone number shown below.

1.3       The Website uses ‘cookies’, which are small pieces of information that are stored by your browser on your
             computer's hard drive.  When you log in to www.danielfield.com, the Company places this cookie on your machine.
             This is necessary so that your shopping cart selections between pages can be tracked and so that the Company can
             verify that you have logged in to the Website when you place an order.   You will need to have cookies enabled on
             your browser in order to use the Website.


APPLICABLE LAW

These terms of sale are subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.


CONTACT DETAILS

Customer Orders and Product Advice

Please call our helpline on 0800 077 8270, e-mail us at info@danielfield.com, or write to KFV Cosmetics Limited, PO Box 591, Rotherham, S66 3WX.

All other enquiries

Please call our head office on 01709 541951, e-mail us at info@danielfield.com, or write to KFV Cosmetics Limited, PO Box 591, Rotherham, S66 3WX.

All rights reserved © KFV Cosmetics Limited are the proprietary owners of the trade marks and logos as shown. The Daniel Field™ is protected by International Copyright and Trademark law.

 

© 2008 KFV Cosmetics Ltd Tel: +44 (0) 1709 541951 Fax: +44 (0) 1709 540515 Customer Hotline 0800 077 8270 Email: info@danielfield.com