Terms / Privacy / Cookies

TERMS AND CONDITIONS

1.0 Introduction

References to ‘Beachwaver’, ‘we’, ‘us’ or ‘our’ are references to Beachwaver UK Ltd. or to the relevant Brand Partner (where applicable). Please see section 8 (Brand Partners) below for further information.

Beachwaver has subcontracted the operation of certain aspects of the website to Shopify, Inc. This includes payment processing and web hosting (please see clause 3.3 for more information on payment).

By using the website or placing an order, you agree to be bound by these Terms and Conditions (the ‘terms’). We reserve the right to make changes to the terms at any time. Our new terms will be displayed on the website, and by continuing to use and access the website, you agree to be bound by any variation.

These terms are available in the English language only. Nothing in these terms will affect your statutory rights.

For any further information regarding these terms, please contact our Customer Service team.

2.0 Use of Website

2.1 Access

You are provided access to the website for your personal and non-commercial use only. Any access to, or use of, this website will be in accordance with these terms. Please note that we may suspend your access to the website if you do not comply (or we reasonably believe that you are not complying) with these terms, any other terms or policies to which they refer, or any applicable laws.

You may not use the website or its contents to:

- download or modify the website under any circumstances;

- interfere with or disrupt any network connected to the website;

- gain unauthorised access to other computer systems owned by Beachwaver UK Limited;

- for any purpose which is unlawful.

In addition, you may not, in relation to the website, use any:

- data mining, robots, or similar data-gathering and extraction tools;

- framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats that we use on the website;

- meta tags or any other ‘hidden text’ that uses our name or trademarks

Using the website does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.

We do not represent or warrant that the material contained in the website, or any of the functions of the website and the server, will operate without interruption or delay or will be error-free, free from defects, viruses or bugs, or compatible with any other software or material. The website is provided ‘as is’. Accessing the website is entirely at your own risk.

Please note: if you choose to access the website from locations outside the UK, you are responsible for compliance with local laws where applicable.

If you have any difficulties using the website, please contact our Customer Service team or refer to our Accessibility Statement.

2.2. Ownership, Use and Intellectual Property Rights

This website and all intellectual property rights in it, including but not limited to any content, are owned by Beachwaver UK Limited. Intellectual property rights means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions.

Nothing in these terms and conditions grants you any legal rights in the website other than as necessary to enable you to access the website. You agree not to adjust, circumvent or delete any notices contained on the website (including any intellectual property notices), or any digital rights or other security technology embedded or contained in the website.

2.3. Hyperlinks and Third-Party Sites

The website may contain hyperlinks or references to third-party websites other than the website. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse the third party’s website, products or services. Your

use of a third-party website may be governed by the terms and conditions of that third-party website.

3.1. Eligibility to order

You must be over 18 years of age and:

- provide us with your real name, contact information and payment details when creating an order;

- provide us with a delivery address;

- possess a valid payment method that works on our website.

3.2. Order Acceptance

All orders placed on the website are subject to acceptance in accordance with the following:

- You will be given the opportunity to confirm the details of your order, including your address and payment details, prior to completing your order.

- When you place an order, we will send you an acknowledgement email to let you know that we have received your order. This is not an order confirmation or acceptance.

- We will send you a confirmation email to confirm that your order has been dispatched for delivery. This is confirmation and acceptance of your order.

- Unless otherwise agreed, your order will be delivered within 30 days of confirmation of your order. Where we are unable to deliver your order within this period, we reserve the right to cancel your order.

- Once you press the ‘Pay Now’ button, you have given us permission to process your order as requested.

We may be unable, or refuse, to accept your order because:

- one or more products in your order are unavailable;

- we are unable to process payment for your order, or your chosen payment method has been refused;

- we have identified a pricing or product description error;

- your order fails to meet the requirements of local import restrictions or requirements at your delivery destination.

- you fail to meet our order eligibility criteria or have failed to comply with our terms.

If we are unable to accept your order, our Customer Service team will be in touch with you as soon as possible.

3.3. Prices, Payment and Charges

- Beachwaver has subcontracted certain aspects of the website’s operation, including payment processing, to Shopify UK Limited. Shopify UK Limited is a retailer registered in the United Kingdom with the company number 11256480. Its registered office is at 1 Bartholomew Lane, London, England, EC2N 2AX.

- We take care to ensure products are priced correctly on our website, but occasionally pricing errors may occur. If we have made an error in the price of a product that you have ordered, our Customer Service team will contact you. You will have the option to reconfirm your order at the correct price or cancel it.

- Please note: prices for products on our website may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer.

- If you are viewing the website from the UK, the product prices advertised are inclusive of UK VAT. Delivery costs are not included in the prices and will be charged in addition at checkout.

- Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items internationally, 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 if you need to pay them separately. If they are not included, we do not 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.

- All credit and debit cards are subject to validation checks and authorisation by your card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment, we will not be liable for any delay or non-delivery.

- Should you choose to cancel or return products purchased in a promotion or at a discounted price, you will be refunded for the goods at the price charged at the Checkout. Please note: you are subject to our Returns Policy (see clause 5.4. below) when returning products purchased in a promotion or at a discounted price.

3.4. Product Descriptions, Ingredients and Restrictions

- We do not guarantee that the product images you see on our website are an accurate representation; occasionally, colours may differ from the images shown on the website due to your computer/device screen resolution or settings. For further information on products prior to making a purchase with us, please contact our Customer Service team.

- All products are subject to availability at the point of purchase. Once a product is sold out, it will be taken off the website and may not be available again. If any products you order are out of stock, we will contact you so that you can cancel the whole or part of your order.

- Substitutions will only be made with your prior consent. If a replacement product has a higher price, you will be liable to pay for the difference in price. If we are unable to contact you, we may cancel the whole order, or cancel the relevant parts and proceed with the transaction.

- We cannot be held liable for any allergic reactions in relation to the use or consumption of products. For specific information about ingredients and allergies in any of our food products, please refer to the specific product page or contact our Customer Service team.

- You must be over the age of 18 to purchase alcohol or products containing alcohol from our website.

4.0 Delivery

4.1. Delivery Options

Our delivery options vary by shipping destination, product and service. Please visit our Delivery and Returns pages for further details.

4.2. Delivery Carriers and Time

Deliveries will be carried out by third-party couriers. By placing an order on the website, you agree to the conditions of carriage of our delivery partners. Please refer to their website for full details or see our FAQs.

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 will try to ensure that your order is delivered by the estimated delivery date; however, 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; however, we will not be liable for any losses caused as a result of such delay. Please note: there may be occasional delays with delivery due to busier periods such as the special sales or promotional weekends. In such instances, our Customer Service team can advise you further on the expected delivery date for your order.

In certain circumstances, our delivery partner may offer alternative delivery options, including provides the following options: signature release – opting out of the requirement to provide a signature on delivery; and/or leave with neighbour – redirecting the delivery to a neighbour (‘On Demand Delivery Service’). By selecting to receive your order via one of these options the On Demand Delivery Service, you acknowledge and agree that we are neither responsible or liable for any loss or damage that may result from this service.

4.3. Proof of ID

For some orders, products may require proof of ID upon delivery.

4.4. Delivery Restrictions

Please note: we are unable to deliver certain products outside of the UK. These restrictions are subject to change dependent on a number of factors, including local import restrictions. Please note: information on delivery restrictions is also shown on individual product pages. We can only deliver to one shipping address per order.

4.5. Delivery Taxes & Duties

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items internationally, you may need to pay import duties upon receipt of the products. We will notify you during the check-out process if import duties are included. Unfortunately, we have no control over these charges and we cannot advise on their amount. The payment of any such import duties or taxes is your responsibility. Before placing your order, please contact your local Customs office for further information and a ‘landed cost estimate’. Beachwaver UK Limited is not responsible for items confiscated or delayed by local Customs authorities.

For US customers, please place your order through the Beachwaver.com website. Beachwaver UK Limited does not collect sales or use tax in all states. Your purchase may be subject to sales or use tax, unless your state is exempt from taxation. Many states require a sales/use tax return filing at the end of the year for taxable purchases that were not taxed (including internet purchases) and payment of use tax on those purchases. For more details, please contact your local customs office/respective tax authority.

It is your responsibility to comply with all requirements imposed by the local Customs authority in relation to your order. This may include the provision of identification information in order to

receive your order. Before placing an order, we recommend that you make yourself aware of local import duties or other requirements. We will not be liable or responsible if you breach any such laws.

Certain countries may also require other certification or information for your order to be delivered, which may delay your delivery (by approximately seven days on top of the destination’s standard delivery time). Please note: if we are unable to obtain the relevant documentation required for your delivery, we may need to cancel your order.

5.0 Returns

5.1. Online Returns and Cancellations

Please see Beachwaver UK Limited’s Returns Policy in section 6.4 for information on returns and exchanges.

5.2. Returns Process

We offer a full refund (excluding delivery and return costs) on any items returned to us within 14 days of the delivery date.

5.3. Order Cancellation

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 or equivalent consumer legislation in the EU. You are entitled to cancel your order within 14 days of receipt. Please note: your right to cancel does not apply to products listed in Non-Returnable Products.

Once the products are returned to us, you will receive a full refund, including the original delivery costs. You will be liable to arrange and cover the full cost of returning the order to us.

To exercise this right, please contact our Customer Service team. Please ensure that you state clearly that you wish to cancel, providing your order number, your contact details and details of the products you wish to cancel.

If an order has already been dispatched for delivery, please wait until you have received your order before exercising your return rights.

5.4. Refunds of Shipping and Duties

While we offer free returns for all orders, the original delivery cost won’t be included in your refund. Please note: if you return an item, the taxes and import duties will be refunded to you if

they were originally included in the purchase price. If they were not included, you will be responsible for reclaiming duty directly from your local Customs office.

5.5. Beachwaver UK Limited Returns Policy

In addition to your statutory rights, Beachwaver offers the following rights of return:

Unwanted products may be returned for a refund or exchange if they are returned unused and in their original condition. Please note: the removal of product packaging and/or protective adhesive strip will be taken as evidence of a product’s use by you; the product cannot be returned in these circumstances.

Refunds will be provided against the original form of tender.

If through your handling the products have decreased in value, we may deduct the amount of such loss from the amount reimbursed to you. If you are returning your product by post, please include your personal details and the best way for us to get in touch with you; otherwise we will be unable to process your refund.

Refunds and exchanges on purchases made with a promotional discount will be calculated at the reduced price. Where a complimentary gift has been issued with a purchase, the gift must also be returned.

Subject to your cancellation rights under the Rights of Cancellation (Consumer Contracts Regulations 2013), returns must be made within 14 days with proof of purchase. Returns are subject to the exclusions and restrictions listed below (please see ‘Non-Returnable Products’ below). If you need to return large or heavy items, please contact our Customer Service team.

Purchases made during our promotional sales periods may be subject to different returns policies. Please refer to our FAQs for further details.

If you believe your products are faulty, please contact our Customer Service team.

This policy may be changed from time to time at our discretion.

Non-Returnable Products

The following products cannot be returned:

- Products that are personalised, bespoke, altered or otherwise made to your specification

- Beauty products, fragrances and pharmaceutical products

- Any other products designated as non-refundable at the time of purchase

6.1. Delivery and Returns

- See our Delivery and Returns pages for details on hamper shipping options.

7.0 Our Liability

- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen: for example, if you discussed it with us during the sales process.

- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the products.

- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

8.0 Other Important Terms

- How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

- If a court finds part of this contract illegal, the rest of the contract will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any parts of them are unlawful, the remaining paragraphs will remain in full force and effect.

- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

- These terms are governed by English law and legal proceedings should be brought to the appropriate courts. You can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

9.0 Free Delivery—United Kingdom Delivery Addresses Only

9.1. This offer is available on all purchases made on Beachwaver.co.uk ("Website") where the nominated delivery address is within the United Kingdom, and, from 1st October 2022, where the purchase is to the value of £500 or more only (“Qualifying Purchase”). 2. Customers who make a Qualifying Purchase will receive free UK standard delivery on their Qualifying Purchase. 3. The Promoter reserves the right to amend these terms and conditions and/or to terminate this offer at any time. 4. This offer cannot be used in conjunction with any other promotion or offer. 6. Save as expressly amended in these terms for the purposes of this offer, the Website terms and conditions (including details of non-returnable products and other exclusions set out therein) shall apply. Please see our Delivery and Returns pages for full details. 7. Nothing in this offer or these terms is intended to or shall limit or restrict any consumer rights in relation to faulty goods. 8. The Promoter of this offer is Beachwaver UK Limited (No. 10659150), Registered Office: Ground Floor, 1-2 Craven Road, London, England, W5 2UA ("the Promoter").