Subscription Terms & Conditions
1. Information about us
The Site is operated by Soaked Cosmetics Ltd (we / us). We are registered in England and Wales under company number 11878288 with our registered office at 8 Victoria Road, Brighton, BN1 3FS.
2. How the contract is formed between you and us
2.1 You will be required to have a getsoaked.co.uk account in order to set up any Subscription Service. You may request to set up a Subscription Service for certain Product(s) advertised as being available for subscription on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your subscription request by clicking the "Proceed to Secure Payment" button on the "Payment details" page. No amends can be made by you to your order after this point.
2.2 After submitting your subscription request, you will receive an e-mail from us acknowledging that we have received and accepted your request to set up a subscription and giving you an order number and a summary of your Subscription Service (the Dispatch Confirmation). The contract between us for the Subscription Service will be formed when we send the Dispatch Confirmation to you.
2.3 Each subsequent Subscription Service order will be confirmed via a Dispatch Confirmation once the Products have been dispatched. The contract will relate only to those Products which are detailed in the Dispatch Confirmation.
2.4 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
2.5 We may be unable to process your order if:
- the Product you ordered is out of stock or discontinued; or
- there is a problem with the authorisation of your card payment.
3. Subsequent Subscription Service orders
3.1 Once you have set up your Subscription Service, we will send you the Product(s) you have subscribed for at the frequency you have indicated. You will receive a Dispatch Confirmation for each subsequent Subscription Service order.
3.2 Your Subscription Service will remain in effect until it is cancelled. You can cancel your Subscription Service at any time by visiting the My Account area. If you cancel your Subscription Service and then reactivate it, the discount applied to any Product(s) may not be the same discount in effect at the time of cancellation.
3.3 If a subsequent Subscription Service order fails (for example, the Product is out of stock or if there is a problem with authorisation of your payment method), we will try a further two times to generate the order for you. We will send you an email each time. If the order fails three times your Subscription Service will automatically be cancelled and we will send you an email to advise you of this.
3.4 If any Product is no longer available, we will notify you of this. You will then be able to cancel your Subscription Service and set up a new Subscription Service for an alternative Product if you wish.
4.1 For Subscription Service orders we can only deliver the Product(s) by our standard delivery method.
4.2 We will dispatch all Products comprised in your Subscription Service order at the same time albeit on some occasions in multiple packages. Delivery will be made to the delivery address specified in your order. Please see Delivery Information for details of where we deliver. We cannot deliver items within the same order to multiple addresses.
5. Risk and Ownership
5.1 Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
5.2 Ownership of Products will pass to you on: delivery of the Products; or us receiving full payment of all sums due in respect of the Products, whichever is the later.
6. Price and Payment
6.1 The price of any Product(s) will be as quoted on the Site from time to time, except in cases of obvious error. The discount for the Subscription Service will be calculated based on the full selling price of any applicable Product(s). The amount charged to your payment method for each Subscription Service order will be as detailed in the Dispatch Confirmation and will be the price of the Product(s) on the day your order is processed, less the applicable Subscription Service discount. These prices include VAT at the applicable local rates.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Soaked reserves the right to change the promotional benefits available with the Subscription Service, including the Products to which such promotional benefits apply and the discount amounts at any time at its sole discretion. All changes will apply to future Subscription Service orders and any such changes will be notified to you in advance of your next order.
6.3 We cannot complete your order until you have paid for it in full.
6.4 It is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product's correct price is different from the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 From time to time the Site or our stores may offer discounts on selected Product(s) which may mean that these Product(s) will be cheaper than the subscription price.
6.6 We may from time to time, at our sole discretion, add or remove any Product from the Subscription Service.
7. Our Cancellation, Returns and Refund Policy
7.1 You can cancel your Subscription Service at any time before the Product(s) are dispatched by visiting the Subscriptions section with the My Account area.
7.2 You may cancel any order up to 28 days after receipt of the Products. To cancel your order after you have received the Dispatch Confirmation there is no need to contact us. You can simply follow the *Returns Procedure. Your right to cancel set out in this paragraph 7.1 is in addition to your rights under the Consumer Contracts Regulations 2013 (the Regulations). Further details of your rights under the Regulations are set out in paragraph 7.8.
7.3 Where you decide to cancel an order after the Products have been dispatched, you will be under a duty to return them to us, at your own risk. We will not be responsible for any loss or damage to the Products in transit. All such Products should be returned within the time period specified in the Returns Procedure received with the Products. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them.
7.4 You should return the Products to us unused (except to the extent reasonably necessary to examine them), and in the same condition in which you received them together with the original Product packaging, in accordance with our Returns Procedure for the Product(s).
7.5 Cost of Returns. We will not bear the cost of you returning the Products to us.
7.6 After you cancel your order and return the Products we will reimburse you all sums debited by us including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Products if the loss is a result of unnecessary handling by you. This would include for example the unsealing of sealed products. We will notify you of your refund via e-mail within a reasonable period of time. We will make the reimbursement to your payment method. We will process the refund due to you as soon as possible and, in any case, within the earlier of (a) 14 days of the day we receive back the Products from you; or (b) 14 days of the day you provide us with evidence that you have returned the Products.
7.7 In addition to our returns policy set out in paragraph 6.1 above, if any Product you purchase is damaged, faulty or incorrect, we may offer an exchange or refund as appropriate, in accordance with your legal rights. Your legal rights are that within 30 days of delivery of the Products, you may exercise the right to a refund if the Product purchased is not of satisfactory quality, fit for purpose or as described. After the 30-day period, but within six months of the date of delivery and where the Product is faulty, you are entitled to a repair or replacement or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. On expiry of the sixth month following the date of delivery, similar rights exist, but only if you can prove that the fault was present at the point of delivery. If you believe a Product is faulty, you should return the Product to us in accordance with the Returns Procedure for the Products.
7.8 Under the Regulations you have the following rights:
- to cancel your order up to 14 calendar days after the day on which you receive the Products.
If you decide to cancel your order you must inform us in writing of your decision to cancel. You can cancel by email:
firstname.lastname@example.org, or write to: Soaked, 8 Victoria Road, Brighton, BN1 3FS.
- You must take reasonable care of the Products whilst they are in your possession. You must return them to us within 14 days of cancelling the order and we will process your refund in accordance with paragraph 7.6 above.
If you have any questions regarding returns, Contact Us.
7.9 Our policy on cancellations, returns and refunds does not affect your statutory legal rights under the Consumer Rights Act 2015 or the Regulations. If you have further questions regarding your legal rights please contact your local Citizens’ Advice Bureau or your local Trading Standards Office.
8. Our liability
8.1 We are under a legal duty to supply Products that are in conformity with the contract. We accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
8.2 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
8.3 You must follow any advice we give you to keep Products we supply to you safe (including any instructions or product manuals provided with the Products). We cannot accept liability for damage to Products we have supplied which is caused by your failure to follow this advice.
8.4 Nothing in this section 8 or elsewhere in our Subscription Terms & Conditions affects your statutory legal rights.
Any formal legal notices should be sent to us at the following address: 8 Victoria Road, Brighton, BN1 3FS.
10. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
11.1 If any of these Subscription Terms & Conditions are declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Subscription Terms & Conditions and the remaining provisions shall remain in full force and effect.
11.2 We have the right to revise and amend these Subscription Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
11.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Subscription Terms & Conditions.
11.4 You and we agree that English law applies to these Subscription Terms & Conditions and that any dispute between us arising out of or in connection with these Subscription Terms & Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom or the Republic of Ireland, in which case the applicable law of that part of the United Kingdom or the Republic of Ireland will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
12. Contact Us
If you experience problems with ordering from the Site or have any questions with regard to an order, please feel free to Contact Us.
These Subscription Terms & Conditions were last updated in August 2019.