Terms of Service

These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website https://www.perriconemd.com ('the Website') and your relationship with:

(i) The Hut.com Limited (trading as https://www.perriconemd.com) whose registered office is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ; or

(ii) (a) if your purchase is made in United States dollars (USD) or Canadian dollars (CAD) and payment is made using a debit/credit/American express card, with THGPP LLC (trading as https://www.perriconemd.com) whose registered office is at 1209 Orange Street, Wilmington, County of New Castle, Delaware, 19801, USA;

(iii) (a) if your purchase is made in Australian dollars (AUD) and payment is made using a debit/credit/American express card, with Skincarestore Australia Pty Limited (trading as https://www.perriconemd.com) whose office is at G01, 38 Atchison Street, St leonards, NSW 2065 Australia;

(iii) (a) If your purchase is made in Euros (EUR) and payment is made using a debit card and/or credit card and/or American Express card, from THG Beauty Europe GmbH whose address is Maximilianstrasse, 5480538, Munich.

('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.

By confirming your order you accept the following Terms and Conditions:

1. Perricone MD US is a division of TheHut.com Ltd. In these Terms and Conditions we refer to ourselves as 'Perricone MD'.

2. Any acknowledgement by us of receipt of an order placed by you does not mean that we have accepted your order. Acceptance of your order and completion of the contract between you and Perricone MD will take place on despatch to you of the products ordered unless we have told you that we do not accept your order or you have cancelled it.

3. We will validate your credit/debit card before accepting your order. We will not accept your order if your card is declined at any stage during the processing of your order. We will try to contact you if your card is declined after you have placed your order but this may not be possible.

4. We take reasonable care to protect the confidentiality of your payment card details but Perricone MD is not liable if these details are intercepted by and used by third parties through no fault of our own.

5. We have tried to ensure that information provided on this website is accurate. However, we make no representation and give no warranty of any kind in respect of the information. We do not accept liability for any loss (direct, indirect or consequential) which may arise from reliance on information contained in the website or in respect of any error or omission.

6. Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7. All the products on the website are subject to availability. We do not guarantee that all items shown on the website are in stock and are available and ready for dispatch. If you have selected an item that is not in stock we will try to contact you as quickly as we can. We will try to do this within 24 hours (except at weekends and on bank/public holidays when it will take longer).

8. Prices are subject to change without notice. Only one promotional code or offer can be used per order at any one time, and promotional codes and offers can be amended or withdrawn at any time without notice. If the terms of an offer or promotional code are in any way inconsistent with these terms and conditions, these terms and conditions shall prevail.

9. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.

10. The time for delivery of your order varies according to your chosen method of shipment. Perricone MD have no control over the goods once they are shipped and cannot guarantee that your order will arrive within the time specified by your chosen method of shipment.

11. We will not refund any postage charges if you fail to take delivery of the goods at the address given by you on your order.

12. You may return any item to us provided you: (i) send the goods back to us with all original packing within 14 days of delivery to you; (ii) follow the instructions given in our Returns Policy; (iii) accept that we are not responsible if the goods do not reach us for any reason. None of the above affects your statutory rights.

13. Postage costs are non refundable unless an error has been made on our part.

14. This Contract is deemed to have been made in England and is governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or relating to this Contract.

15. Orders

16. Price and Payment

All prices shown are inclusive of VAT (only where applicable - see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.

If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you (if your delivery address is inside the European Union (‘EU’) see ‘Customs clearance responsibilities for EU delivery addresses’). You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Please note that when shipping goods from outside the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of £0.01 will be held against the card until the card issuer validates the payment.

In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.

You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.

You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.

We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or telephoning our customer service representatives at:

customer.experience@thehutgroup.com

Customs clearance responsibilities for EU delivery addresses

For orders dispatched from the UK only.

For deliveries to addresses within the EU, for legal purposes you are the importer of the goods, and are responsible for any import formalities as well as any duties, tariffs, or taxes which may be charged by any customs authority. However, we have collected these amounts from you as part of your purchase, and by agreeing to these terms, you hereby authorise us to appoint our designated carrier(s) to carry out any required customs formalities on your behalf, including payment of any duties, tariffs, or taxes to the appropriate customs authority. The designated carrier will deliver the goods to you in addition to carrying out the customs formalities on your behalf. These customs formalities will be carried out in different countries depending on the country in which your delivery address belongs, and the carrier used. Your goods will be cleared for customs purposes in one of the following ‘clearance countries’:

DPD

• Cyprus (for addresses in Cyprus)

• France (for addresses in France, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Greece, Hungary, Italy, Latvia, Lithuania, Portugal, Romania, Slovakia, and Slovenia)

• Ireland (for addresses in Ireland)

• Malta (for addresses in Malta)

• Spain (for addresses in Spain)

• The Netherlands (for addresses in the Netherlands, Belgium, Denmark, Finland, Germany, Luxembourg, Poland, and Sweden)

Hermes

• Belgium (for addresses in Belgium and Ireland)

• Otherwise, in the country in which your address belongs.

DHL

• In the country in which your address belongs.

P2P

• The Netherlands (for all addresses)

This means that you will be charged duties, tariffs, or taxes at the rate applicable in the clearance country – these will be paid on your behalf by the designated carrier. These clearance countries are subject to change without notice being provided to you.

By accepting these terms, you consent to us appointing a designated carrier to act on your behalf as described above, and that the designated carrier is acting solely for you as your customs direct representative.

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.

We do not issue tax invoices for shipments to the EU from the UK. Any proof-of-sale document we provide at your request is provided entirely at our discretion, and serves as a record of your purchase only. The document may not comply with the requirements imposed by the tax authorities in your local jurisdiction for the purposes of reclaiming VAT, and we are unable to provide additional documentation in this regard.

16.

Contact

If you have any questions about these Terms and Conditions, please email us at perriconemd.com or write to us at:

Perricone MD US, 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ

Disclaimer

The information given on the website about our products does not seek to replace medical or specialist advice. You may wish to consult your medical practitioner prior to using our products.

Product Reviews

Submitting Reviews:

Perricone MD may use product reviews in whole or in part together with the first name and town/city of the person submitting it. By submitting a review you give permission to Perricone MD to publish and/or reproduce all or any part of the review in printed or online media in connection with any activity relating to Perricone MD's activities. We are under no obligation to use any or any part of any review submitted. We reserve the right to consider reviews prior to publication, and to correct grammatical or typing errors, and to shorten reviews.

Information about Reviews:

Reviews appearing on this site are individual experiences, reflecting real life experiences of those who have used our products and/or services. However, they are individual and subjective. We do not claim or make any admission that the reviews are typical results that consumers will generally achieve. The reviews are not 100% representative of all of those who will use our products and we make no such admissions.

Perricone MD are not responsible for any opinions or comments posted to our site. We are not a forum for reviews but do provide reviews as a means for our users to share their experiences with one another. Any review displayed on the website is strictly representative of the views of the reviewer.

Perricone MD will never instruct a person on what to say in a review. We will disclose any material connections that we have with any person providing a review, so far as we are aware.

So far as we are able, we will monitor product reviews made by customers to ensure that the claims made are truthful and can be substantiated.

Cookie Policy

What are Cookies?

A cookie is a text file sent by a web server to a web browser and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser

Perricone MD uses cookies to store information about your visit that we can access when you return to our site in future. These cookies help us to improve our site and deliver a better and more personalised service.

By using our website (perriconemd.com), you agree that we can place cookies on your device.

The cookies that we use can be categorised as follows:

Strictly Necessary Cookies

These are required for essential site functionality and record details such as your basket contents and browser session. These cookies are necessary for the operation of the website.

Performance Cookies

Perricone MD uses services from Google Analytics to record page views, navigation paths and other details of your visit so that we may improve the way our website operates.

You can opt-out of being tracked by Google Analytics by installing the browser plugin available from https://tools.google.com/dlpage/gaoptout

Functionality Cookies

These are cookies that record minor details of your interaction with the Perricone MD website such as your country, language and currency settings and whether you have reached our website from one of our affiliates. These cookies assist in tailoring the user experience to your requirements.

Social Cookies

We have also integrated Social Media tools for services such as Facebook, Twitter and Pinterest into perriconemd.com to allow our users to share products and pages of the website with their friends. Each of these third-party services utilises cookies to record whether you are logged into their service and the interactions that you undertake while browsing perriconemd.com

You may refuse to accept cookies by activating the relevant setting in your browser. However, please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of perriconemd.com

Disabling cookies

Most web browsers allow you to refuse to accept cookies. The AboutCookies.org website contains comprehensive information on how to do this on a wide variety of browsers. This website is not associated with Perricone MD and we are not responsible for their content.

Please be aware that restricting cookies will have a negative impact upon the usability of many websites, including this one. For example, you may have difficulties logging in to your account or buying products.

Social Media Content Use Terms and Conditions:

By permitting The Hut.com Limited(registered in England and Wales under company registration number 05016010)whose registered office is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQor any other member of The Hut Group(“we”, “our” or “us”)to use particular Content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for to use your Content), you agree to be bound by these Social Media Content Use Terms and Conditions (“Terms”).

2. In these Terms “Content” refers to the photo and/or video, including any sound and accompanying text, posted through your account on social media, accompanying metadata such as time and place of creation, your user name, and links to your social media profile.

3. You grant us a right to use and display the Content, in any media, worldwide, for any lawful commercial purpose, in original or edited form, including without limitation: on our social media accounts, websites, blogs, digital displays, advertising (organic and paid), and generally in the promotion of our products or services. Such rights also extend to our group companies, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of us.

4. The rights that you grant to us to use your Content are perpetual and irrevocable and you may not cancel or withdraw your permission for us to use your Content. However, this does not affect your or any other person’s rights in relation to personal data as referred to below.

5. The rights you grant to us are non-exclusive and (subject to our rights) you retain all rights to use the Content for your own purposes. We will not pay any royalties or compensation to you or any third party for use of the Content. Use is a tour discretion and we are not obliged to use your Content in any particular way or at all.

6. You agree that you do not have any right to review, approve, or object to our use of your Content or advertising copy, or to be identified as the author/creator of the Content.

7. By agreeing to these Terms you represent and warrant to us that:

(a) the Content is your original work and you own it and all intellectual property rights in it and have all necessary rights to grant us the rights set out in these Terms (including in relation to copyrights, trademarks, private or public buildings, performances, sounds, and music) or, if you are not the owner of such rights, you have already obtained permission from the owner of such rights, and will inform us if this is incorrect or such permission is withdrawn at any time;

(b) our use of your Content as provided herein will not infringe intellectual property, privacy, image, performance, or publicity rights, or any other rights of any third party, require the payment of any compensation to any third party, or breach any applicable laws;

(d) you areaged18or over and have the right to agree to these Terms.

8. You will indemnify and keep us in demnified in full from and against any and all liability, loss, damages, injury, costs and expenses (including increased administration costs and reasonable legal expenses) awarded against, or incurred or paid by us as a result of or in connection with the Content, including without limitation for breach of intellectual property, data protection, privacy, image, performance, or publicity rights.

9. The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws.

10. By agreeing to these Terms you give your consent to the processing of such personal data by us (including any third party service providers that we engage for such purposes, as referred to below)for the purposes set out in these Terms.

11. Where any personal data relating to any other person appears in the Content you warrant that you also have obtained their consent for the processing of such personal data.

12. We will process personal data included in the Content or otherwise provided to us in connection with our use of the Content in accordance with all applicable data protection laws and our website privacy policy.

13. We are the controller of your personal data and you can obtain further information or exercise any of your legal rights by contacting us on the details below:

Telephone: 0161 8131481

Email: customer.experience@thehutgroup.com

Address: Customer Services, Meridian House, Gadbrook Park, Cheshire, CW9 7RA

14. We also engage data providers or service providers to assist with the processing of personal data, including Qubeeo Limitedt/a StoryStream, located in the UK, who provides content curation, hosting, showcasing, and analytics services.