Website Terms of Use
Introduction
Welcome to IngridRaphael.com and our Terms of Use which, for legal reasons, we’ll call “the Terms” or “these Terms” from now on.
These Terms govern your use of the website www.ingridraphael.com (which we’ll call “the Website”) and your relationship with Ingrid Raphael Limited.
Ingrid Raphael Limited is a Company registered in England and Wales with registration number 13327832, whose registered office is at Penrose House, 67 Hightown Road, Banbury, Oxfordshire, United Kingdom, OX16 9BE. Our VAT number is 294158868.
In these Terms, we might refer to ourselves as any of the following – “we”, “our” or “us”; and we might refer to you, our users, as “you” or “your”.
Please do read these Terms carefully as they affect your rights and liabilities under law. If you do not agree to what is outlined in these Terms, please do not access or use the Website.
If you have any queries regarding these Terms, please contact us at info@ingridraphael.com .
Agreement
By using the Website you agree to be bound by these Terms.
Changes to the Terms
We reserve the right to update these Terms from time to time. We will not notify you of any changes and it is your responsibility as the user of the Website to check them regularly to ensure you are aware of the latest Terms. These Terms were last updated 0n 24 January 2023.
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 to be bound by the new Terms.
You can find a current, effective copy of these Terms at any time by selecting the “Terms of Use” link on the Website.
Changes to the Website
We may modify or withdraw, temporarily or permanently, any of the content on this Website as well as any of the products and services offered via the Website without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
Working to Protect Your Security & your Personal Information
The potential risk of internet fraud and the security of your information is something we take very seriously, and we make every effort to ensure all orders are thoroughly checked against the personal information you provide.
When you shop on or register with this Website, we will ask you to input personal details in order for us to identify you and process your order.
Those personal details might include information such as your name, e-mail address, billing address, delivery address, credit card or other information including other payment information and information which can be used to prove your identity.
Those personal details are your personal information.
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy (which can be found here).
We will adopt appropriate measures to ensure that your personal information will be held securely by us in accordance with our obligations under data protection legislation (as further set out in our Privacy Policy).
For your protection and ours, we may get in touch with you to make additional security checks, and we ask for your cooperation to help us carry out those checks.
For example, to ensure that your credit, debit or charge card is being used with your consent, we will validate the personal information supplied by you during the order process against relevant third party databases.
Personal Information – your warranties and responsibilities
You warrant that the personal information which you provide when you register with or order from our Website is true, accurate, current and complete in all respects, and that you are not impersonating or acting on behalf of any other person or entity.
If your personal information changes, you should notify us by updating your details on the Website, or by emailing us at info@ingridraphael.com.
Using this Website Lawfully
The Website may only be used for lawful purposes and in a lawful manner.
You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use.
You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or mobile device; or any material which is defamatory, discriminatory, offensive or of an obscene nature.
If you breach these Terms…
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless, immediately on demand from and against all claims, losses, costs and expenses, including without limitation 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 that of any other person accessing the Website using your personal information.
Third Party Links
As a convenience to our customers, the Website may include links to third party websites or material, including (but not limited to) to those of our sponsors, and our chosen payment processing and other service provider(s). Please see our Privacy Policy for more details about these third parties.
We are not responsible for such websites or materials nor for the cookies which they may use. Their content is beyond our control and we do not review or endorse them.
We will not be liable, whether directly or indirectly, for the use of any personal information collected by or the content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
If you have any concerns regarding such third party links or any content located there, you should contact the Site Administrator of those third party links and check the privacy settings for such sites are acceptable to you. Our Privacy Policy gives more details on this.
Always take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.
We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
Intellectual Property in the Website
All content on this Website, including (but not limited to) text, graphics, photographs, trademarks and logos is owned, controlled or licensed by or to us, and is protected by copyright and other intellectual property rights laws.
Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the Website to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Website which are required in the process of using the Website as a shopping resource. The content of the Website may not be used or downloaded in whole or in part for any other purpose without our express written permission.
Except as expressly provided in these Terms or permitted by way of our express written consent, no part of the Website or any of the content contained on the Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way.
User Content
We hope that you’ll love to share content about us, our products and our services to your social media accounts, this Website and/or other online sharing platforms.
This kind of content is called User Content.
We must ask that you:
- Only share User Content in which you own all right, title and interest (including without limitation all intellectual property rights in such User Content);
- Only share User Content that is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations;
- Don’t (and don’t permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.
- Don’t (and don’t permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know is false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, discriminatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
We love to share your User Content. If you tag us in your content (via Instagram, for example, by tagging @ingridraphael), or use our branded hashtags, which are currently #ingridraphael, #ingridraphaellondon, #ingridraphaelskincare, #sossalve, we may use these for our own marketing purposes, including (but not limited to) sharing them to our own social media accounts, on the Website, for promotional or advertising purposes and in our clinics.
By sharing your User Content and tagging us as outlined above, you acknowledge and agree that we can use your User Content, which may also include your social media handle, for such marketing purposes for an indefinite period of time and irrespective of whether the method by which you originally shared the User Content has been terminated or is otherwise unused or not and irrespective of whether any account you may hold with us still exists.
By sharing your User Content and tagging us as outlined above, you hereby do and will grant us and our affiliated companies and successors a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable licence to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Website or the promotion, advertising or marketing of our products or services, in any form, medium or technology now known or later developed, and including after the termination of any account you may hold with us by whatever means.
For clarity, the foregoing licence does not affect your other ownership or licence rights in your User Content, including the right to grant additional licences to your User Content, unless otherwise agreed in writing.
You represent and warrant that you have all rights to grant such licences to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by sharing your User Content and tagging us as outlined above, you are waiving and agreeing not to assert any copyrights or moral rights or claim resulting from our alteration of the User Content or from the use of any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect our rights, property, or personal safety, or that of our users and the public.
You understand that the technical processing and transmission of the Website, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Takedown Requests; IP Infringement on the Website
We respect the intellectual property of others, and we ask our users to do the same.
If you believe that your User Content has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, on the Website, you should notify us of your infringement claim by email to: info@ingridraphael.com
We will investigate notices of alleged infringement, and take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement.
We may also at our sole discretion limit or block access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Reviews
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant us and our sub-licensees the right to use the name that you submit in connection with such content.
You agree to waive your moral rights to such content including your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post and that, as at the date that the content or material is submitted to us:
- the content and material is accurate and does not infringe the intellectual property rights of any third party;
- use of the content and material you supply does not breach our applicable guidelines whether set out in these Terms or otherwise made available to you and will not cause injury to any person or entity (including that the content or material is not defamatory or discriminatory). You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these representations and warranties.
If there is a competition associated with reviews, winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit. Please see our Terms relating to Competitions and Prizes here.
Use of the Products available for sale on the Website
The products available to be purchased on this site are for private and domestic use only and are not for resale or for distribution for any commercial purpose.
We do not accept responsibility for the incorrect use or misuse of the products available to be purchased on this site. It is the customer’s responsibility to use the products with discretion, and to follow the instructions and advice on the label, on packaging and in information leaflets including, in particular, any warnings and contraindications.
While we try to ensure that the product information on our Website is correct, on occasion manufacturers may alter their ingredient lists and other information relating to the products (including warnings and contra-indications) and it is your responsibility to check these before you use the product.
Please see our Terms of Sale for further information.
Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms affect or limit your statutory rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
You must bear the risk associated with or arising from your use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any direct or indirect economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data or for any consequential or indirect damages or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
Please see our Terms of Sale (which can be found here) which will apply to the sale or supply of products or services by us, whether via this Website or otherwise. Such Terms of Sale contain provisions limiting or excluding our liability in circumstances which are applicable to the sale or supply of products or services by us.
Severance
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision set out in these Terms or in our Terms of Sale.
Entire Agreement
These Terms together with any documents referred to in it (including without limitation our Terms of Sale, Privacy Policy and our Shipping and Refunds and Exchanges Policies) form the entire basis of any agreement reached between you and us and supersedes all previous agreements, arrangement, representations or understanding (whether oral or written), between you and us unless also expressly set out in these Terms or the other documents referred to in these Terms.
You acknowledge and agree that in entering into this Agreement, you have not relied and shall have no remedy in respect of, any statement, representation, warranty or other provision (in any case whether oral or written, express or implied and whether negligently or innocently made) which is not expressly set out in this Agreement.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English and Welsh courts.
