Terms of service
This page sets out the terms of business on which products are supplied to you (“Goods”) via our website at beunica.com (the “Site”). You should read these terms of business carefully and in full before ordering any Goods via the Site. By ordering any of the Goods, you agree to be bound by these terms of business.
When you purchase Goods using the Site, you are purchasing them from the third party retailers (“Partner” or “Partners”) named on the Site. It is important that you understand that the contract for the purchase of the Goods is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the Goods from us. We are authorised by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the Goods from us.
The services we offer allow you to search through the Site and purchase Goods from a large number of Partner brands worldwide. We may also provide some ancillary services such as providing you with customer service assistance and payment processing. However, as stated above, the contract for the purchase of the Goods is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the Goods to you.
1. Who we are
The Site is a website operated by Beunica of 71 – 75 Shelton Street, WC2H 9JQ, London, United Kingdom and referred to throughout these terms of business as “we” or “us”.
2. Service availability
Our Partners supply to the countries or territories as stated on the Site. Some restrictions may be placed on the extent to which they accept orders from certain countries or territories or places or areas within them.
3. Who you are
By placing an order through the Site, you warrant to us that:
• you are legally capable of entering into binding contracts; and
• you are at least 18 years old.
4. The contract
4.1 Once you have placed your order, we may send you an e-mail acknowledging receipt. Please note that this does not mean that we have accepted your order. Your order constitutes your offer to the Partner to buy Goods from the Partner. All orders are subject to acceptance by us as agent for the Partner, and any such acceptance will be made by sending you an e-mail stating that the Goods have been dispatched (the “Dispatch Confirmation”). There will be no contract between you and the Partner until we send you the Dispatch Confirmation.
4.2 We reserve the right not to submit your order to the Partner, and the Partner reserves the right not to accept your order if, for example, the Goods ordered are out of stock, have been withdrawn or are otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
5.1 Your order will be fulfilled by any delivery date set out in the Dispatch Confirmation. If the Dispatch Confirmation does not specify a delivery date, then your order will be fulfilled within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. If this happens, we will try to arrange for your Goods to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay. Please note delivery times may vary depending on where you are located. Please refer to the product page for additional shipping details for a particular item.
5.2 Items are shipped to you directly by the Partners, using tracked delivery. If you have purchased multiple items from different Partners at the same time, each item will be sent separately and directly from each individual Partner.
5.3 All customs fees, duties and taxes are the responsibility of the customer, as we do not have control over these costs.
5.4 Please ensure your address is completed correctly and a valid phone number is available at order. We do not take responsibility for lost or undelivered items if the address is incorrect.
5.5 If no one is available at your address to sign for your order, the delivery partner may leave you a note and you will need to contact them to rearrange delivery.
5.6 In certain circumstances the delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with the delivery partner separately, you acknowledge and agree that we shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
6. Price and payment
6.1 The price of any Goods will be as quoted on the Site from time to time in various currencies depending on where you are located, except in cases of obvious error. The price must be paid prior to any order being finalised.
6.2 Whilst we try and ensure that all details, descriptions and prices that appear on the Site are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any Goods that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled.
6.3 Delivery costs may or may not be included in the price depending on the Partner. The delivery costs may also vary depending on the Goods that you have ordered and your delivery address.
6.4 Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the Goods. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information and an estimate before placing your order.
7. The Goods
7.1 Once the Goods have been delivered to you intact, we provide no guarantee or warranty. It is your obligation to take care of the Goods and we accept no liability in relation to them once delivered to your address. You must be available to take delivery at the time or times when delivery could be possible.
7.2 We attempt to be as accurate as possible in the description of the Goods displayed on the Site. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact us if you would like more information about a product. The images of the Goods on the Site are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the Goods.
7.3 We do not allow Partners to offer flawed items or Goods of lower quality than the corresponding market standards for sale on the Site. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us.
7.4 The Goods sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the Goods for any commercial, business or re-sale purposes. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
THIS CANCELLATION RIGHT DOES NOT APPLY IN THE CASE OF THE FOLLOWING TYPES OF GOODS:
• Personal hygiene products, such as soaps
• Certain made to order products which will be mentioned on the product page
• Items marked as final sale on product page
• Sale items of 40% or more
• Gift cards
8.1 Your legal or statutory rights are not affected by any of the following.
8.2 You have a right to cancel a contract between us, which is subject to these terms and conditions, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.3 The cancellation period will expire after 14 days from the day on which you acquire physical possession of the Goods. We hope you love the items you purchase from us but if you are not completely satisfied you have 14 days to cancel, and then another 7 days to send back the item to the Partner.
8.4 To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the right to cancel before the cancellation period has expired. Please email us at email@example.com to begin the return process.
8.5 If you cancel the contract, we will reimburse to you all payments received from you, including any delivery costs. Overseas shipping fees are non-refundable. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (other than what is necessary to establish the nature, characteristics and functioning of the Goods).
8.6 We will make the reimbursement without undue delay and not later than:
- 14 days after the day the Partner receives back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
- if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
8.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. You will be notified via email when your return package is received and your refund or web credit has been processed. Refunds are issued once merchandise has undergone a quality control check.
8.8 You shall send back the Goods to the Partner, without undue delay and in any event not later than 7 days from the day on which you communicate your cancellation of the contract to us.
8.9 You will have to bear the direct costs of returning the Goods. The exception to this is when the item is faulty, in which case the Partner is responsible for paying the costs of returning the item. Please inform us if you receive a faulty item as soon as possible, by emailing firstname.lastname@example.org.
8.10 Items should be returned unworn, unwashed and undamaged with all tags attached and the original packaging slip. Please ensure that beauty products are returned unused and in unopened packaging with all seals in place. Footwear and accessories must be returned in their branded boxes and placed inside a protective outer shipping box. Unfortunately, Partners will not be able to accept any items that fail to meet these criteria.
8.11 You are responsible for packaging up the item. In this instance, we recommend a signed-for delivery with proof of postage. We are not liable for any items damaged or lost during their return.
8.12 Any import taxes or duties you may have had to pay to receive an item cannot be refunded upon the return of that item.
8.13 You are responsible for any item being returned until it arrives back with the Partner. It is your responsibility to fill out any customs declaration form correctly. When filling in the customs declaration form, please consult with your post office personnel as to how to declare a return exempt from import duties. Otherwise the Partner may be charged customs import taxes, which they may deduct from your refund amount.
8.14 You can cancel an order that you have paid for if it has not yet been dispatched. To do this, please email us at email@example.com. We aim to process your refund within 7 days. Any custom made or made to order products cannot be cancelled.
8.15 If you have any further questions about returns & exchanges, please email us at firstname.lastname@example.org.
9. Our liability
9.1 The contract for the sale of Goods is between you and the Partner. However, if a court decides that we have liability to you, our liability to you in connection with any Goods purchased through the Site is strictly limited to the purchase price of the Goods in question.
9.2 We do not exclude or limit in any way our liability to you:
(a) for death or personal injury caused by our negligence;
(b) for any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue or damage to a business as a result of personal injury to any person, or property damage;
(b) damage to any of your property (or the property of a third party).
10. Legal issues
10.1 Without prejudice to any other rights or remedies which we may have, we may terminate this agreement, without liability to you (and without any obligations to you regardless of whether they existed before the breach) and without refund of any monies, immediately on giving notice to you if you should be in breach of any of the terms of these terms and conditions.
10.2 We make no warranties, representations or undertakings about:-
A: any of the content of this Site (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or
B: any content of any other website referred to or accessed by hypertext link through this Site (“3rd party site”).
10.3 We do not endorse or approve the content of any 3rd party site, nor will we have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).
10.4 The contents and design of these pages are subject to copyright owned by us, the Partners or other third parties. Reproduction of part or all of the contents in any form is prohibited. None of the contents of this Site may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or otherwise). For the avoidance of doubt; deep-linking to, or framing of this Site or any part of it is not permitted without express permission.
10.5 You may not create a link to this Site from another website or document without our prior written consent.
10.6 You may not adapt, alter, modify, rent, lease, sell, distribute or create derivative works of any content on the Site at any time.
10.7 We may terminate your use of the Site with immediate effect if you breach any of these requirements. We also reserve the right to suspend use of the Site at any time for operational, regulatory, legal or other reasons.
10.8 We accept no responsibility to any third party for any material published on the Site.
11. Communicating with you in writing
In certain circumstances, the law may require that we must communicate with you in writing. When using the Site, you accept that our principal means of communicating with you will be electronic and that this falls within the definition of writing.
12.1 Any notices you send to us must be given by email.
12.2 We may give notice to you at either the e-mail or postal address you provide to us when you place your order.
13. Transfer of rights and obligations
13.1 The contract between us binds both you and us and our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of any contract with us, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract between us, or any of our rights or obligations arising under it, at any time during the term of the contract in question.
14. Events outside our control
14.1 We do not accept any liability for any failure to perform or delay in performing any of our obligations under a contract between us where such failure or delay is caused by events outside our control (“Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our control and includes in particular (but without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance of any contract with you 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.
A waiver by us of any of these terms of business shall not be effective unless it is expressly stated to be a waiver and is communicated to you in writing. No such waiver shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
If the whole or any part of any provision of these terms of business is or becomes invalid, void or unenforceable for any reason, then it shall to the extent required be severed from these terms of business and rendered ineffective so far as is possible without modifying the remaining provisions, and shall in no way affect the validity or enforceability of any other provisions.
17. Entire agreement
These terms of business and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between us, and will supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18. Our right to vary these terms of business
18.1 We have the right to vary these terms of business from time to time and we encourage you to revisit them periodically to ensure that you are fully aware of them at all times. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and any changes to them.
18.2 You will be subject to the policies and terms of business in force at the time that you order Goods from us, unless any change to those policies or terms of business 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 terms of business before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within 7 working days of receipt of the Goods).
19. Law and jurisdiction
Contracts for the purchase of Goods through the Site will be governed by the law of England and Wales. Any dispute arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.
THIS RIGHT DOES NOT APPLY IN THE CASE OF CERTAIN PRODUCTS – PLEASE SEE OUR TERMS AND CONDITIONS
RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire physical possession of the goods.
To exercise the right to cancel, you must inform us( [ insert your name, address, telephone number and e-mail address ] ) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this contract, all payments received from you will be reimbursed, including any delivery costs (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered; and except for any international delivery costs).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handing by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until the goods have been received back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.