Terms and Conditions

Terms & Conditions

These are the legal terms and conditions of sale (“Conditions”) on which we sell any of the Augustinus Bader® cosmetic skincare products (“Goods”) listed on our website www.augustinus bader.com (“Website”) to you. Our Privacy Policy and Website Terms of Use also forms part of these Conditions. Please read the Conditions carefully and make sure that you understand them before ordering any Goods from our Website. Please note that by accepting the Conditions when confirming your order, you confirm your unconditional acceptance of these Conditions.

We may change these Conditions from time to time, with the latest version of being available on our Website. These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website.

For further information, please contact our Customer Service team

1. About the offeror

ASC REGENITY Limited, exclusive licensee of the Augustinus Bader® brand, whose registered office is Unit 2.02, 411-413 Oxford Street, London, United Kingdom, W1C 2PE (registered with company registered in England and Wales under number 10523270 - VAT No GB269280670)

2. Definition of terms

In these Conditions, ASC REGENITY Limited is referred to as “we” or “us”. "Party" means either you or us, and "Parties" means you and us. "Writing” means letter, fax, email or SMS.

3. Eligibility

In these Conditions, ASC REGENITY Limited is referred to as “we” or “us”. "Party" means either you or us, and "Parties" means you and us. "Writing” means letter, fax, email or SMS.

4. Placing an order and order acceptance

4.1 Orders can be placed through our Website, which is the only official outlet for Augustinus Bader® cosmetic skincare Goods. Information on the range of Goods sold via our Website is available, with product descriptions on our Website.

4.2 When placing your order, you will need to fill out an order form with a minimum of required information. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the Goods. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.

4.3 In deciding whether to accept your order we will verify your card with your supplier to ensure validity and funds and then will only accept your order if we are satisfied with the results of such a verification. You confirm that you agree to us carrying out such a verification.

4.4 The sale will only be binding on us once we have notified you that the order is accepted and the Goods will then be dispatched by us. This means that if Goods are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Goods.

4.5 When visiting our Website, you will be responsible for paying any costs of connection to our Website. Whilst we try to ensure that our Website is reliable and available at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from malware or timeliness of the content or services contained on our Website.

4.6 We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence. In the event prolonged inactivity causes your connection to our Website to fail, your selection of Goods may be lost. In such case, you will need to re-enter your selection.

4.7 You will only be charged for Goods once your payment details have been verified by our secure payment partner. This includes pre-orders of products that are not yet available for shipping, and those that are out of stock. These will be clearly marked as such on our Website, and in such cases we will update you on your order status via email.

4.8 The contract for supply of Goods ("Contract") will be formed when we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in paper copy for our records. All orders are subject to availability. By accepting the Contract you confirm that you are a Customer.

5. Price

5.1 The price of the Goods you order, depending on your place of purchase, will be shown on the Website before you confirm your order. All prices are in US Dollars ($), Pounds sterling (£), Euros (€) and inclusive of the applicable local taxes.8 The UPS Standard Shipping service is complimentary as part of your order for all locations listed in section 2 of our FAQs: shipping. Please note, in the US, the included shipping service is the UPS Express Saver service. If you require an enhanced service beyond this, please contact our Customer Services team.

5.2 In some countries, additional local import charges and/or duties will apply. If a DDU (Delivery Duty Unpaid) destination is selected, product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise the amount this may be as these charges are not controlled or executed by us, they are government charges and the individual making the purchase is responsible for these costs for each transaction.

5.3 If an error is found in the price of Goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel the Contract, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods including any delivery costs paid.

6. Payment

6.1 You must pay for the Goods prior to their dispatch to you by credit card, PayPal or other payment methods as they become available from time to time by notice on our Website. Payment must be in pounds sterling (£),euros (€), US Dollars ($) depending on your place of purchase. We accept Visa, MasterCard, American Express, Maestro and all other major credit cards. We also accept Alipay, Apple Pay and Android Pay; You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now' The name of the account holder must match the name of the person placing the order. In addition, International bank transfers and cash transfers will not be accepted.

6.2 You will only be charged for Goods once your payment details have been verified by our secure payment partner. This includes pre-orders of products that are not yet available for shipping, and those that are out of stock. These will be clearly marked as such on our Website, and in such cases we will update you on your order status via email. In the case of credit card orders, you must confirm to us the name which appears on the credit card to be debited, give the card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential.

6.3 In order to counter Internet fraud, payments through our Website will be managed on-line with the banking organisations 9 11 concerned through the facilities offered by Shopify , a third party based in the UK . This company will be responsible for holding and automated handling in a secure environment the information relating to each order, including bank card details.12

Shopify is also responsible for putting in place a screening system to deter credit card fraud. As a result, your personal data (including name, email address, delivery details, telephone number, details of the order placed, credit card details) will be disclosed and used by Shopify exclusively for the purposes of providing fraud screening services to us and to its own customers.

We reserve the right to put in place additional/other payment security system(s) from time to time.

6.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

6.5 In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the sale will be cancelled immediately and you will be notified in Writing.

7. Delivery

7.1 Once payment has been confirmed, the Goods you ordered will be delivered in accordance with the delivery method you opted for to the address which you gave to us when you place your order. Please note that deliveries are not made to PO Box addresses or to general delivery/poste restante addresses.

7.2 If there is no one at the address given who is competent to accept delivery of the Goods, you will be asked to contact our Customer Service team in order to arrange an alternative delivery date to collect the Goods, or you will be contacted by our courier.

7.3 In the case of a gift, you may arrange for Goods to be delivered to a third party of your choice, provided always that the delivery address satisfies the requirements of condition 7.1 above.

7.4 No delivery will take place unless payment for the Goods has been received. We will endeavour to deliver by the date or time agreed however, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

7.5 Ownership of the Goods and the risk for damage to the Goods passes to you upon delivery which will be completed once we have delivered the Goods to the address you gave us.

7.6 If, at the time of delivery, the packaging is damaged, please open the package in the presence of the carrier in order to verify the condition of the Goods. In the event of damage to the Goods, you should note the details on the delivery note and contact the Customer Service team (see condition 10 below).

8. Our liability to you

8.1 If we fail to comply with these Conditions we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Conditions or our negligence. We will not be liable to you by way of representation (unless fraudulent), tort (including negligence), common law duty or under any express or implied term of the Contract for:

8.1.1 any losses or damage which are not reasonably foreseeable by both Parties when the Contract is formed arising in connection with the supply of the Goods and related services or their use by you; or

8.1.2 loss of profit, loss of business, business interruption, or loss of business opportunity.

8.2 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.

8.3 We shall repair or replace (and shall reimburse any delivery costs), free of charge (including costs of re-delivery) any Goods damaged or lost in transit where delivery has been made by our carrier, provided that:

8.3.1 you give us written notification of such damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the anticipated delivery date notified to you at the time you placed your order in the case of loss, in order that we may comply with our carrier's conditions of carriage;

8.3.2 you produce to us any receipt or other documents relating to the Goods in question together with (in the case of a claim for damage) the original packaging for the Goods.

9. Your right of cancellation

9.1. We want to you be happy with your purchase from Augustinus Bader®. You have the right to change your mind, end the contract and receive a refund up to the end of 28 days after you (or someone you nominate) received the Goods. However, you do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these products are unsealed after you receive them.

9.2. To exercise your right of cancellation before the Goods have been delivered to you, you must contact us, giving details of the Goods ordered and (where appropriate) their delivery.

9.3. If you change your mind and end the contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. You will be responsible for returning the Goods in their original packaging, complete with all labels, protective covers and boxes, and in particular the crystal film covering the box must still be sealed, together with the original invoice. To return the Goods, we will provide a complimentary collection service, whereby we will collect the item(s) you wish to return from your preferred address. To do so, you must contact our Customer Service team and they will arrange the date and time for collecting your item(s).

9.4. If you do not permit collection of the Goods as required under these Conditions within a reasonable time after notifying us of your decision to cancel the Contract, we may charge you a sum not exceeding the direct cost of recovering those Goods.

9.5. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.6. If you use our Gift Service, the right to change your mind and end the Contract under this condition can only be exercised by you, and cannot in any circumstances be exercised by the recipient of the gift.

9.7 The rights set out in this clause 9 do not affect your legal rights in relation to faulty or misdescribed products.

10. Exchange of Goods

10.1 When you buy goods from any retailer, the goods must be of satisfactory quality; fit for their purpose; and as described. If they do not meet these standards, you will be able to claim a refund or replacement or repair and/or compensation from the retailer. If there is a problem with your Goods, please let us know by contacting our Customer Service team.

10.2 In addition to your legal rights, and your rights to cancel as set out above, we operate an exchange policy for our Customers in respect of items delivered subject to the following conditions:

Within 28 days following the date of delivery / collection, you may choose to:

10.2.1 Exchange the items in question, in their original packaging, complete with any labels, protective covers and boxes, together with the original invoice, by way of our complimentary collection service as detailed above in Condition 9.3. Please note that our products must be returned in their original packaging and in particular the crystal film covering the box must still be sealed. No new delivery can take place until we have received the returned goods from you.

10.2.2 No exchange will be offered for Goods that are returned by the Customer incomplete, damaged or soiled. You must take reasonable care of the Goods if you wish to exchange them.

10.3 In the event that Goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale. Any credit balance will be refunded. Any additional payment will be debited via your chosen payment method.

10.4 In the event that Goods are exchanged by post, the new sale will be subject to these Conditions.

10.5 Please note that you will not be permitted to exchange Goods which you have received as a result of the completion of a prior exchange.

11. Intellectual property rights

The "AUGUSTINUS BADER®" trademark as well as all trade-marks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of either Pr. Augustinus Bader, or ASC REGENITY Ltd, a company incorporated in the United Kingdom, whose registered office is at Unit 2.02, 411-413 Oxford Street, London, United Kingdom W1C 2PE. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

12. Delay or failure to perform

We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.

We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence, and will arrange a new delivery date with you once the relevant event is over. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order. To cancel further to this Condition 13, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

13. Use of your information

The holding and using of personal information provided to ASC Regenity Ltd or any other company of the ASC Group of companies is governed by the Privacy Policy posted on the Website. Please read this Privacy Policy to understand how we use and protect the information that you provide to us. By placing an order on the Website, you consent to the collection, use and transfer of your information under the terms of the Privacy Policy.

All comments, queries or requests relating to our use of your information are welcome and should be sent to us by email using our contact form.

We are particularly mindful to ensure appropriate protection and security of our Information Systems. Specific tools allowing us to detect security breaches have been implemented. The implementation of such tools may incidentally entail access by our security services to personal data. This data will be collected and processed for the exclusive purpose of managing the security breach and, in accordance with applicable data protection regulations.

14. Governing law

The Contract and any dispute or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

The Parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract its subject matter or formation (including non-contractual disputes or claims).

15. General

15.1 These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings. Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability. These Conditions may only be changed in a document signed by one of our directors.

15.2 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this Contract. These Conditions comply in all respects with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002. Clause headings are for convenience only and do not affect the interpretation of these Conditions. Words in the singular include the plural and vice versa.

If you have any questions regarding these Conditions, please contact our Customer Services team.

16. Sales Taxes, Products and Shipping - US Only

We are required by law to collect state sales tax on orders being shipped to the following states - NY and CA (starting May 26th 2020), CT, IL and VA (starting July 3rd 2020), NJ (starting from July 27th 2020) and KS (starting from November 11th 2020). Sales tax will be assessed on the total purchase*, including shipping and handling charges. If you have other questions regarding sales tax, please feel free to email us at contact@augustinusbader.com.