Terms & Conditions

1. OUR TERMS AND CONDITIONS

Welcome to the www.michaeljohn.co.uk terms and conditions of use. Please read these terms and conditions carefully as they apply to your access and use of our website and the sale and supply of goods by us to you through our website. They include important sales and products information relating to our goods and form the basis of any agreement between us should you wish to proceed with an order. We request that you pay particular attention to the privacy policy below, which sets out the principles by which we abide in relation to the treatment of information about visitors to our website.

You may not use this website or its contents for commercial purposes or for any purpose that it is unlawful.

If you are uncertain as to your rights under these terms and conditions or you want an explanation about them please contact our customer services team at onlineshop@michaeljohn.co.uk. Once you have read them and if you wish to proceed with a purchase, click the “I Agree” button and you will be able to proceed with any order you wish to make.  If you do not agree with these terms and conditions, you are not authorised to use this website.

When you visit our website or send e-mails to us, you are communicating electronically. If we cannot contact you by e-mail, we will not be able to contact you following receipt of your order and confirm the contract between us. Because of this, you will not be able to proceed to make an order without confirming that we can communicate with you by e-mail.  We will communicate with you by e-mail or by posting notices on this website.  You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.

We may update these terms and conditions from time to time and any changes will be notified to you via a suitable announcement on www.michaeljohn.co.uk and the e-mail address provided by you on registration. The changes will apply to any order you wish to make after we have given notice. If you do not wish to accept the new terms and conditions you should not make any further orders or continue to use www.michaeljohn.co.uk.  If you make further orders or continue to use our www.michaeljohn.co.uk after the date on which the change comes into effect, your order and/or your use of our site indicates your agreement to be bound by our new terms and conditions.  For the avoidance of doubt, any change(s) made to these terms and conditions will not apply to orders accepted by us prior to the date on which the change(s) comes into effect or to any disputes arising out of orders made or accepted prior to that date.

You may not use the website for resale purposes.

2. LEGAL NOTICE

All content of this website is our exclusive property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright or similar ownership rights.  It is published by us and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only.  It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent.  All rights are reserved.

The trade marks, logos and service marks shown on our website, unless otherwise specified, are the trade marks of Michaeljohn Group Limited.  No rights are granted to use any of them without our prior written consent.

Any infringement of our rights will result in appropriate legal action.

Any framing of this website is prohibited. All links to this website must be requested in writing and can only be implemented following written confirmation from Michaeljohn. Once a link request has been confirmed by Michael John it should go directly to www.michaeljohn.co.uk. Please do not link directly to any other pages on this website.  We cannot accept any responsibility or liability for access to or the material on any site which is linked from or to this website. Use of meta tags or other hidden text which uses the name or trademark of Michaeljohn Group Ltd are prohibited.

This notice is made by Michaeljohn Group Llimited, registered in England with number 05076881 with registered office at 1A Dukesway Court, Team Valley, Gateshead, Tyne and Wear, NE11 0PJ. Our postal address is The Online Shop, Michaeljohn, 4th Floor, 25 Albermarle Street, London, W1S 4HU.

3. DATA PROTECTION AND PRIVACY

Any information you give to us will be stored and used in accordance with our privacy policy below.

4. SECURITY

Access to your Michaeljohn user account, order forms and our services will be gained by using the username and the password selected by you during the registration procedure.  You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.  In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our website and should ensure that it is switched off each time you have finished.

You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.

 We reserve the right to refuse service or terminate accounts if we suspect an unauthorised person is attempting to access it.

You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security.

5. HYPERLINKS

This website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material.  You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on this website.

6. BASIS OF AGREEMENT

By submitting an order to us through this website you represent and warrant that the payment details you have given are valid and correct and that payment will be made in full when your order is accepted. By placing the order you are confirming that you are the person named in the billing details.

We will treat each order for goods as an offer by you to purchase the goods in accordance with these terms and conditions.

By placing an order for goods with age restrictions you declare that you are of legal age to purchase those goods.

 We will acknowledge receipt of your order without undue delay by e-mail.

Your order represents an offer to us to purchase the goods which is accepted by us when we send email confirmation to you that we have accepted your order.  Please note that our acknowledgement of receipt of your order is not our acceptance of your order, which we will send separately.

These Terms of Use are drawn up in two languages (in English and Russian), both copies have equal legal force. In case of any discrepancy in interpretation, the English version of  these Terms of Use shall prevail.

We reserve the right to place restrictions on the volume of any goods ordered.

7. DESCRIPTION

If you buy goods which are not as described, we will at your option either replace the goods or accept their return and refund any money paid for the goods. We will bear any necessary costs incurred in replacing or repairing goods that are faulty or not as described.  Goods sold at discount prices as remnants or as substandard stock will be identified as such and will not be faulty by reason of being a remnant or substandard in the manner described.  Such goods may not necessarily be in a perfect condition and you should check these goods are of satisfactory condition for your particular use and requirement.

8. PRICE AND AVAILABILITY

The price and availability of our goods is identified on the relevant page detailing the goods. This price includes all applicable taxes. 

Delivery costs are itemised separately from the price which is exclusive of all delivery costs. We will confirm to you the applicable delivery costs when you place your order and which vary according to the delivery method you choose. If you do not accept the delivery costs you will have an opportunity not to proceed any further with your order.

If goods are unavailable or we need to vary the price to take account of any increase in our suppliers’ prices, changes in taxes and duties, site errors or errors or omission in the price displayed on our website or in any confirmatory correspondence, we shall notify you by e-mail and allow you an opportunity to cancel your order without any cost to you.

9. PAYMENT

We accept payment by credit and debit card and via Paypal only. 

We will only deduct payment when we despatch the goods to you.

If we do not receive any payment on the due date then we may delay delivery of the goods until such payment is received by us. 

By submitting an order through this website, you represent and warrant that the payment details provided on your order are valid and correct and that when your order is accepted by us, payment will be made in full. By placing an order, you confirm that you are the person referred to in the billing details.

10. OWNERSHIP

The goods will only be owned by you once we have received payment in full.

11. DELIVERY

You must ensure that you complete our order form so as to give us any necessary information to enable us to deliver the goods.

We will deliver the goods within a maximum of 30 days beginning with the day following that on which you submit your order to us (unless you and we agree otherwise or you exercise your right to cancel our agreement before we arrange delivery).

We may make delivery by instalments if you agree.

12. THE GOODS

The goods are sold subject to the instructions for storage and use as appear on the individual items.

You are asked to examine the goods as soon as is reasonably possible after delivery and notify us of any defect as soon as practicable after the defect is discovered and return them to us or contact our Customer Services Team who will arrange collection of the goods. 

Provided you tell us within a reasonable time after discovery of the defect we will at your option either:-

Repair or replace the goods at our cost; or

Refund to you the price of the goods or the services (or a proportionate part of that price, if appropriate). 

13. LIMITS OF LIABILITY

This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is.  We make no warranty that your access to our website will be uninterrupted, timely or error free or that the website or the server which makes it available are free from viruses or bugs. We will not be responsible if we are unable to provide the website for whatever reason.

Nothing in these terms seeks to limit or exclude our liability if something we do causes death or personal injury through our negligence.

Provided you are not purchasing the goods for business purposes, we are also not seeking to exclude or limit our responsibility for loss caused by:

• The goods not matching our description of them;
• The goods not being of satisfactory quality;
• The goods not being fit for their purpose as hair, beauty and lifestyle products;
• By not having the legal right to sell the goods to you.

Other than the liability we have accepted as described above, we will not be liable in any way for any loss or damage whatsoever in way connected with your use or misuse of this website except those losses which are reasonably foreseeable by both of us at the time we enter into a contract with you.  In addition, since the goods are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, economic loss (including without limitation loss of revenue, profits, contracts or business), loss of goodwill or reputation, any special or indirect loss or other business loss that you may incur as a result of any breach of our agreement.

We will also not be liable for direct damage or loss of any nature caused, or contributed to, by any defect in or failure (whether partial or complete) of any part, material or design which was not wholly manufactured or provided by us, and which we could not reasonably have been expected both to inspect and test exhaustively.

14. YOUR RIGHT TO CANCEL

If for any reason you are unhappy with all or any of the goods received or wish to cancel the contract for another reason, subject to clause 14.2, you can cancel the contract as follows:-

If the goods have not yet been received by you, you do so by sending a notice of cancellation within 30 days of your order (and the return of the goods to us if they are in transit at the time of cancellation); or

If the goods have been received by you, you send a notice of cancellation and return any of those goods subject to your cancellation order to us in their original condition for an exchange or refund, within seven working days from the day after you receive the goods. You shall be responsible for the cost of returning goods for refund or exchange, except in cases of goods which do not correspond with the contract of sale such as faulty, damaged, misdescribed or wrongly supplied goods.

In either case, notices and returns are to be sent to us at The Online Shop, Michaeljohn Group Limited, 4th Floor, 25 Albermarle Street, London, W1S 4HU. You must return the goods with their original packaging. We shall use reasonable endeavours to replace damaged or defective goods but if replacement is not possible, or if an order is cancelled for any other reason under these terms and conditions, our only obligation is to refund the full amount paid by you. If the contract is cancelled, your money will not in any event be refunded unless the goods are first returned.

Except in relation to faulty or incorrectly supplied goods, where your statutory rights are not affected, for reasons of hygiene, we do not accept the return of beauty or personal grooming items including toiletries, cosmetics, hair accessories, men’s and women’s swimwear, lingerie, underwear or pierced jewellery. This does not affect your statutory rights.

15. STATUTORY RIGHTS

As a consumer you have certain statutory rights regarding statements made in public by us or our representatives or the producer of the goods, the repair or return and replacement of defective or misdescribed goods, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations.  In certain circumstances you may require us to reduce the price you have paid for defective or misdescribed goods or cancel your contract with us.  Nothing in these terms and conditions affects those statutory rights.

You also have certain statutory rights under the Electronic Commerce (EC Directive) Regulations 2002 because we are advertising and selling goods or services online.  If we do not comply with these Regulations you have certain remedies.  These terms and conditions do not affect your remedies under those Regulations.

16. ENQUIRIES

You can contact us to enquire about the status of your order or with any other query about our goods by calling our Customer Careline on +44 (0) 2073181220 between 10 am and 6pm. Calls will be charged at your telecoms services provider’s normal rates.

17. COMPLAINTS

Our website is operated and controlled from England and these terms and conditions and your use of this website are governed by and construed in accordance with the laws of England and Wales.

We will try to solve any disagreements quickly and efficiently.  If you are not happy with the way we deal with any disagreement the address for complaints is The Online Shop, Michaeljohn Group Limited, 4th Floor, 25 Albermarle Street, London, W1S 4HU. 

18. DISTANCE SELLING

These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. 

19. PRIVACY POLICY

This website is owned and operated by Michaeljohn Group Limited.

Our privacy policy relates only to information that we obtain from you.  If you visit a website operated by a third party through a link included on this website, your information might be used differently by the operator of the linked website.

The information you provide to us when using this website will be processed for the following reasons:

• to administer your user account with us;
• to process any request for advice or information supplied by us;
• to notify you of our bulletins, information packs and services should you consent to receiving these from us;
• to customise this website according to your interests;
• to comply with our statutory and regulatory obligations; and
• to process any orders you make through our website.  If you do not wish to receive additional information from us, you can let us know by checking the appropriate box on the new account registration form.

The type of information we will collect about you includes:

• your name and address;
• your phone number and e-mail address;
• information you complete in relation to our client surveys; and
• your skin type provided you confirm your consent prior to submitting your order. This information will be used by us internally to help us provide skincare products that better match your requirements and for our own research purposes.

Please note that the Michaeljohn website will not store customer’s payment details although customers will be required to enter their card details upon checkout. A secure payment gateway that is PCI compliant has been integrated into the website.

It is our policy that we will not collect sensitive information about you without your explicit consent.

Any information that we collect about you is stored electronically on our database.  It may also be printed and stored in our filing system.

We will keep your personal information confidential except to the extent that we are compelled to disclose it by law (for example where fraud or other crime is involved) or to comply with an instruction of a regulatory body of competent jurisdiction.  From time to time we may be called upon to demonstrate our maintenance of certain professional standards as set by appropriate authorities and/or to satisfy our auditors and/or to comply with regulations in relation to money laundering or other statutory requirements.  If you do not consent to our production of your details for this purpose only as an exception to our duty of confidentiality, you can let us know by checking the appropriate box on the new account registration form.

If you believe that the information we hold about you is inaccurate or if you wish us to cease processing your data for any particular purpose or purposes, write to us at the above address or e-mail onlineshop@michaeljohn.co.uk 

To comply with the Data Protection Act 1998 we adhere to strict security procedures.  The personal information which we hold will be held securely to ensure no unauthorised disclosure or access.  When you register for a user account with us you will be required to adhere to the security provisions set out in our terms and conditions.

We reserve the right to appoint an Internet service provider to host our website on our behalf which may be situated outside the European Economic Area.  By agreeing to our terms and conditions of use of our website you consent to any transfer of your personal information outside the European Economic Area. This may be necessary for us to achieve the purposes set out above.

We would like to contact you in the future for marketing purposes by post and e-mail but we need your consent before we can do this.  If you would like us to contact you (including by e-mail or telephone) concerning our services and offers that may be of interest to you then please check the appropriate box on the new account registration form.

You may refuse any marketing communication from us in the future at any time by e-mailing us at onlineshop@michaeljohn.co.uk.

Should you wish to obtain a copy of the personal data that we hold on you, please send an e-mail to the following address:- Online Shop, Michaeljohn Group Limited, 4th Floor, Albermarle Street, London, W1S 4HU.  As soon as we are satisfied as to your identity, we will send to you, within 40 days, a copy of all the data that we hold concerning you.

If you have a complaint regarding any breach of this privacy policy, contact us at The Online Shop, Michaeljohn Group Limited, 4th Floor, Albermarle Street, London, W1S 4HU.  When we receive the complaint, we will review it and ensure that we are in compliance with our privacy policy and all applicable laws.  We will contact you within 40 days of receiving your complaint to inform you of the results of your complaint.

Our website uses tracking technologies which record and store information about you automatically.  This includes using a “cookie” which will be stored on your browser. By accepting these terms and conditions you are agreeing to their use. However, you do have the right and ability to deselect ’cookies’ [see the Help Section which is usually found in the menu bar at the top of the browser.]  If we cannot use such technology it is possible that certain functionality of this site might be affected and you might not be able to access certain Web pages and we might not be able to process your order. This information does not identify you personally.  We automatically collect and store only the following information about your visit:

• the internet domain and IP address from where you access our website;
• the type of browser software and operating system used to access our website;
• the date and time you access our website;
• the pages you enter, visit and exit our website from; and
• if you linked to our website from another website, the address of that website.

We use this information to help us identify click stream patterns, to help us to improve our website, ensure that it matches your requirements and to learn about the number of visitors to our website and the types of technology our visitors use.  We only use this information to ensure that our Web pages stay compatible with a selection of browsers and systems and thereby ensure that the pages appeal to a wide audience.  Currently our Web pages are optimised for the following Internet browsers IE6, IE7, Mozilla FF, Safari, Opera.  We do not track or record information about individuals and their visits.

We have appointed an agent to collect credit card payments for the Service from you on our behalf.  All credit card transactions conducted from this website are carried out over a secure link for your security.  By transmitting your credit card details, you agree to our agent using your details for the purposes of:

• authorising your credit card;
• debiting your credit card account for such of our goods you buy [and/or services you use].

20. THIS WEBSITE

These Terms and Conditions and any matter connected with or arising from any order you place on the website are governed by and construed in accordance with the laws of England and you irrevocably submit to the jurisdiction of the courts of England.

This website may be used only for lawful purposes and in a lawful manner. You agree to comply with all the applicable laws, statutes and regulations regarding this website and any transactions conducted on or through it. 

We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.

21. INDEMNITY

You agree to indemnify us and our officers, directors, employees and agents immediately on demand, against all claims, liability, damages, losses, costs, expenses including reasonable legal fees, arising out of any breach of the terms and conditions by you. 

22. GENERAL

You are not permitted to transfer your rights and obligations under these terms and conditions without our written authority. This authority will not be refused without good reason.

If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the conditions and shall not affect the validity and enforceability of any of the remaining conditions.