Website terms and conditions

Last updated on 18/01/2012

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website at www.eswin.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. Information about us

Our site is a site operated by E-Swin UK Limited (we). We are registered in England and Wales under company number 07150140 and with our registered office at c/o Browne Jacobson LLP, 77 Gracechurch Street, London, EC3V 0AS. Our main trading address is 3 Lloyds Avenue, London, EC3N 3DS, UK. Our VAT number is: 988 6852 34.

Our Products are intended to be used at home, for non-clinical hair removal. In particular the E-One is a medical hair removing device for the progressive permanent depilation, available for personal use at home and not for commercial purposes. Please note that E-Swin monitors the use of E-Ones sold in the UK and reserves the right to refuse sales of the E-One and its accessories where commercial use is suspected.

2. Service availability

Our site is only intended for use by people resident in the Serviced Countries of the United Kingdom of England (including Scotland), Wales and Northern Ireland. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.

3. Your status

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in one of the Serviced Countries; and
(d) You are accessing our site from that country.

4. How the contract is formed between you and us

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5. Our status

Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6. Consumer rights

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. All packaging must be intact and complete. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
Details of this right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
The content on this Site is for your general information and use only and at your own risk. We will use all reasonable endeavours to ensure the accuracy of the Content. However, we can not guarantee or warrant the accuracy or completeness, availability or reliability of any Content on the Site and cannot accept any liability for any errors or omissions in the Content. In addition to your statutory right to cancel (above) Please note that if you are purchasing as a consumer and a product ordered by you does not conform to the specification provided in the site you may return the Product to us at your cost within a period of 30 days of delivery in return for a refund of the cost. Nothing in this clause 6.4 affects your statutory rights.

7. Availability and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. In the event a product is no longer available we will let you know as soon as reasonably practicable. Please read the Delivery Terms for details of how your Products will be delivered.

8. Reserving your E-One

Prior to placing your order, you may wish to reserve your E-One by using our online reservation form and paying a non-refundable deposit of £299. The £299 deposit covers our administrative, delivery and storage costs associated with making the reservation and will be deducted from the overall price payable by you for your order. In the event that you cancel your reservation, we will retain the £299 deposit. In the unlikely event that we are unable to deliver the reserved E-One to you pursuant to your reservation, we shall refund the £299 deposit in full.

9. Risk and title

The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

10. Price and payment

The price of any product will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our delivery guide.
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.
Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our 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.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as mis-pricing.
Payment for all products must be by credit card or debit card. The deposit of your E-One order can also be paid by Paypal.
You can find out more about the available payment options in the ‘checkout’ area section of our online order form.

11. Warranty

We warrant to you that any Product purchased from us through our site is, at the date it is delivered to you, of satisfactory quality and reasonably fit for the purposes set out on our site. Save as set out in 6.2 below or as otherwise required by law no other warranties are given in respect of the Products and you should check our website to ensure that the Products are appropriate for your intended use.
In the event that the Product delivered does not comply with the product information contained on our website, please return it within 30 days (the “Warranty Period”), specifying the reason why you are returning it, in order to obtain a replacement or repair. (Nothing in this clause affects any statutory rights you may have as a consumer, under 6.1 above or which are otherwise available at the website of the Office of Fair Trading: http://www.oft.gov.uk/). Please note the exceptions to this warranty set out in clause 10.5 and 10.6 below.
If you wish, at the time you place your order you may, for an additional sum, extend the length of the Warranty Period for additional peace of mind. Please indicate your chosen Warranty Period when you place your order.
All returns are to be made at the your cost.
Our after sales service is the only authorised provider of repair services for the products under warranty. Save where goods are defective, E-Swin shall not be responsible for taking back a Product that has been repaired or modified by anyone else.
The warranty in 6.2 above does not apply to any Accessories except for the original Optical Cartridge purchased with the E One device. Nor does it apply in the case of defects and deterioration resulting from external events, accidents, electrical faults, wear and tear, installation or use other than in accordance with the instructions provided with the Product. Any product that is modified, repaired, integrated or added by the customer or any other unauthorized person is excluded from the warranty.
Note that the E-Swin is intended for personal use at home only and no warranty is given in respect of devices used for commercial purposes. To the maximum extent permissible by law E-Swin UK ltd disclaims liability for use of the E-Swin product for commercial purposes.

12. liability

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not exclude or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses (i.e. losses that are not foreseeable by you and us) including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time;
provided that this clause 11 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause.
Links to third party websites on our site are provided solely for your convenience. If you use these links, you leave our site. We have not reviewed all of these third party websites and do not control and nor are we responsible for these websites or their content or availability. Further, we do not endorse or make any representations about third party websites, any material found there, any products or services offered on those sites, or any results that may be obtained from using those sites. If you decide to access any of the third party websites linked from our site, you do so entirely at your own risk.
Links to third party websites on our site are provided solely for your convenience. If you use these links, you leave our site. We have not reviewed all these third party websites and do not control and nor are we responsible for these websites or their content or availability. Further, we do not endorse or make any representations about third party websites, any material found there, any products or services offered for sale, any credit or financial services offered on those sites, or any results that may be obtained from using those sites. If you decide to access any of the third party websites linked from our site, you do so entirely at your own risk.

13. Import duty

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

14. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Notices

All notices given by you to us must be given to E-Swin UK Limited at 3 Lloyds Avenue, London, EC3N 3DS, UK. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16. Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17. 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 under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. Intellectual Property rights

The copyright, trade marks, domain names and other intellectual property rights (“Intellectual Property Rights”) in all material and information on our Site (“the Content”) belongs to us or (if it has been licensed to us) to the licensor. All rights are reserved.
You may download or print off copies of the Content of this Site for your personal, non commercial use and information only but, any copying or adaptation of the Content, layout or code of this Site, or the creation of an archive or database containing the Content (in whole or part), for any business purpose or other commercial exploitation, without our specific consent will constitute copyright and/or Trade Mark infringement.
If you do download or print off copies of the Content you must retain any copyright or other intellectual property notices contained in the original material.
You may not copy, distribute or display the Site or any part of it to third parties. You may not link to any part of the Site. Any infringement of any Intellectual Property Rights in this manner may result in appropriate legal action being taken against you. All other rights are reserved

19. Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

20. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

22. Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

23. Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

24. The Satisfaction Guarantee offer (available from time to time)

Buy your E-One when the Satisfaction Guarantee offer is available on our website, try it for 6 months and if, after 6 months you are not satisfied, for whatever reason, return it to us within 15 days of the expiration of the 6 months and we will give you your money back (less postage and packaging charges).
How to Claim your Money Back:
If you find that you are not satisfied with your new E-One after six months of use, please send us an email to sales_uk@eswin.co.uk and enclose the invoice of your E-One. To take advantage of this offer your E-One must be returned with the purchase invoice and be sent within 15 days of the expiration of the six months.
Terms and Conditions:
1. To take advantage of the satisfaction guarantee offer you must purchase your E-One when the Satisfaction Guarantee offer is available on our website.
2. The satisfaction guarantee period begins on the expiry of the period of six months beginning with the day you purchase your E-One (the “Start Date”) and ends at 17.00 on the 15th day after the Start Date (the “Expiry Date”).
3. You must return your E-One after the Start Date and before the Expiry Date.
4. Postal claims must be sent by recorded delivery.
5. The satisfaction guarantee only applies to products that are returned undamaged and in their original packaging, with all the original accessories.
6. Only one claim per person and per household.
7. All refunds will be fulfilled by cheque. Please allow thirty days for delivery.
8. The Promoter can accept no responsibility for claims lost, delayed or damaged in the post.
9. All claims must be accompanied by a purchase invoice.
10. Your refund will be a full refund of your purchase price less the costs of postage and packaging.
11. If you take advantage of this offer you will not be able to make a purchase of a new E-One for a period of 12 months from the date you returned your original E-One. In addition, if the Promoter deems that you have exploited the satisfaction guarantee offer in any way, it reserves the right to refuse to sell its products to you in the future.
Promoter: E-Swin UK LTD – 3 Lloyds Avenue, London, EC3N 3BS. Company number: 07150140. www.eswin.co.uk
YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

25. E-One Ambassador Offer

The E-One Ambassador Offer (this “Offer”) is subject to availability and may be withdrawn by E-Swin UK Limited (“we”, “us”, “our”, as appropriate) at any time.
This Offer is subject to subject to our Website Terms and Conditions, except that this Offer varies the payment terms set out in Clause 10 of the Website Terms and Conditions as outlined below. By accepting this Offer, you agree to become an Ambassador for the E-One and you may be entitled to receive additional discounts on the purchase price of your E-One machine by referring friends or third parties to purchase E-One machines for their own use. Each such sale that results from a referral that you make shall be referred to as a “Referral”. The full purchase price of the E-One Classic Pack is £1,299.00. Accepting this Offer may entitle you to a discount equal to a maximum of 50% (i.e. £649.50) and the amount of discount you are eligible to will depend upon the number of Referrals that you make.
Each Referral made entitles you to a discount of 10% of the full purchase price (i.e. a reduction of £129.90) up to a maximum of 50%. By accepting this Offer, you agree to pay for the E-One on the following payment terms:
1. You will make an initial payment of £649.50, equal to 50% of the purchase price of the E-One; then
2. After 6 months you have the option to either: (a) return the E-One to us in return for a full refund; or (b) pay the outstanding balance (£649.50 less any discount from Referrals).