Terms and Conditions
These terms and conditions apply to the Benchmark Skincare (“Benchmark”) website located at www.dermashield.co.uk and its subsidiaries and affiliates, including Benchmark’s sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions (“Conditions”). In some instances, a particular Benchmark product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Benchmark Skincare Site.
Change of Terms
Benchmark may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Benchmark may give by any means, including, without limitation, by posting the revised Conditions on the Benchmark Site. You are responsible for reviewing the Benchmark Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Benchmark Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, “look and feel”, information, data, sound files, and other files and software is the proprietary property of Benchmark or its affiliates, licensors or users and is protected by United Kingdom and international copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Benchmark Site is owned by or licensed to Benchmark. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Benchmark Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Benchmark Site without the written permission of Benchmark or any third party that may own such trademarks or service marks. Benchmark will aggressively enforce its intellectual property rights to the fullest extent of the law.
Benchmark, the Benchmark logos, and any other product or service name or slogan contained in our Site are trademarks of Benchmark and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Benchmark or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Benchmark” or any other name, trademark or product or service name of Benchmark without our prior written permission. All other trademarks, registered trademarks, product names and Benchmark names or logos mentioned in our Site are the property of their respective owners.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial and personal use only. Such license is subject to these Conditions and does not include: (a) any resale or commercial use of our Site or the Site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site materials, (d) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site materials other than for its intended purpose. Any use of our Site or the Site materials other than as specifically authorized herein, without the prior written permission of Benchmark, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Information on our Site
Benchmark is committed to providing current and accurate information on our websites, email, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Benchmark, and may be adjusted by Benchmark at any time. Benchmark reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Benchmark will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Benchmark apologizes for any inconvenience that this may cause.
Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.
Benchmark holds a dynamic and high volume inventory. The stock availability on our website is listed “as is” and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options. Products may appear on the Benchmark website larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography.
Benchmark’s product details and prices are also subject to change without notice. All of our prices are final and non-negotiable. If you have any questions regarding our policy, please contact us.
When you access or use the Benchmark website or your personalized Benchmark account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use Dermashield.co.uk only under the guidance and direction of a parent or guardian. Please note that Benchmark reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
90 Day Guarantee
If a Benchmark product does not meet your expectations, it can be returned for a complete refund of the full purchase price. This offer is in addition to your statutory rights.
Benchmark will normally despatch your order within two working days but cannot make any guarantees. On the day of despatch you will receive an email. Regular orders will be sent via Royal Mail 2nd class and may take up to 7 days for delivery.
Signature Requirements for Delivery
Benchmark requires that all deliveries made by courier are signed for. Deliveries made by Royal Mail do not require a signature.
Cancellation of Products
Benchmark reserves the right to cancel products or services to any customer for any reason at any time. The customer’s sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
Repeat Infringer Policy
In accordance with United Kingdom and European law, Benchmark has the sole discretion to terminate and bar specific website users or Benchmark account holders who under appropriate circumstances are determined to be repeat infringers. Benchmark further reserves the right to limit access to this website and/or terminate the account of any users whom Benchmark reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
Advertisements and Promotions
Benchmark may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Benchmark is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Benchmark and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Feedback and Submissions
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding this website, Benchmark, or the Benchmark products or services that are provided by you to Benchmark in any form are not confidential and upon submission, shall become the sole property of Benchmark. Benchmark shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Benchmark and its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
Disclaimer of Warranties
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU “AS IS,” FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL BENCHMARK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF BENCHMARK IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL BENCHMARK, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BENCHMARK PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE BENCHMARK SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BENCHMARK, INCLUDING ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE BENCHMARK SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BBENCHMARK’S PROGRAMS OR SERVICES, EVEN IF BENCHMARK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY BENCHMARK, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS. IN NO EVENT SHALL BENCHMARK’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
You agree to defend, indemnify, and hold harmless Benchmark, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Benchmark Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Benchmark and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Notwithstanding any of these Conditions, Benchmark reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
These Conditions contain the entire understanding of you and Benchmark with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Benchmark with respect to the subject matter hereof. The failure of Benchmark at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Benchmark to thereafter enforce each and every provision of these Conditions. No waiver by Benchmark of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
If you have any questions, please do not hesitate to contact us.
This policy was last updated on 9th October, 2018.