These Terms and Conditions (“Terms”) govern your use of the website located at www.pondscold.co.uk and any related services provided by Ponds Cold Cream.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Site, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or resources added to the Site will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update or modify these Terms with immediate effect by posting the updated or modified Terms on our Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

Key Terms

Account: The profile you create when you register on our Site. Each Account can only be used by one individual.

Content: All photos, images, graphics, data, text, information, links, software, technology, designs, features, functionality, and other content available on the Site.

Site: The website located at www.pondscold.co.uk and all related sites, applications, platforms, and services.

User Content: Any Content a user posts, uploads, publishes, submits, or transmits to be made available on the Site.

We/Us: Ponds Cold Cream, our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

You: Any individual accessing or using the Site.

Eligibility to Use the Site

You must be at least 16 years old to access or use the Site in any manner. By accessing or using the Site, you represent and warrant that:

• You are at least 16 years old.
• You have not been previously suspended or prohibited from using the Site.
• All registration information you submit is truthful and accurate.
• You will maintain and promptly update your information to keep it truthful, accurate, current, and complete.
• You have the legal authority to create an Account and enter into this agreement.

Site Access and Use

Account Creation: You must register for an Account to access certain features or functions of the Site. You agree to provide accurate and complete information when registering and to keep your Account information updated.

** Necessary Equipment and Fees:** You are solely responsible for obtaining and maintaining all devices, software, services, and other equipment necessary to access the Site and pay any charges related to your Internet connection.

Responsible Use: You agree to access and use the Site only for lawful, authorized, and acceptable purposes. You will not use (or assist others in using) the Site in ways that: violate applicable law; infringe on our rights or the rights of any third party; are fraudulent, abusive, obscene, misleading, spam, illegal, or otherwise objectionable; or jeopardize the security and operation of the Site or any connected networks or systems.

Security: You agree not to violate or attempt to violate the security of the Site. This includes:

• Accessing or using data not intended for you, or logging into a server/account which you are not authorized to access
• Attempting to probe, scan, or test the vulnerability of any system, network, or authentication protocol associated with the Site
• Interfering or attempting to interfere with service to any user, host, or network
• Using any robot/spider/scraper/crawler or other means to access, acquire, copy, or monitor any portion of the Site
• Taking any action that imposes an unreasonable or disproportionately large load on our network infrastructure
• Forging headers, impersonating, or otherwise manipulating identifiers in order to disguise your identity or the origin of any message/transmission you send

User Content: You are solely responsible for any User Content you upload, publish, provide, or display on the Site. You represent and warrant that you own or have all necessary legal rights to use such User Content and that your use will comply with our Privacy Policy and all applicable laws. We are not responsible and assume no liability for any User Content. We have no obligation to pre-screen, monitor, review, or edit any User Content. However, we reserve the right to review, delete, move, edit, refuse to post, or otherwise make use of User Content in our sole discretion without notice or liability to you.

Purchase Eligibility: To make purchases on the Site, you must be eligible to form legally binding contracts. You represent that any payment or shipping information you provide is truthful and accurate and that you are authorized to use the payment method(s) at issue.

Fees: We reserve the right to charge fees for access to certain features, services, or promotions. You agree to pay all applicable fees associated with such access. We will provide advance notice of changes to our fee policy.

Modifications: We reserve the right to modify or discontinue the Site (or any part thereof) with or without notice to you. We will not be liable for any modification, suspension, or termination of the Site or your access to it.

Compliance with Law: You agree to comply with all applicable laws and regulations when accessing or using the Site.

Intellectual Property Rights

Site Content: All Site design, text, graphics, interfaces, images, software, data compilations, and other content is owned by us or our content suppliers. Site Content is protected under both United States and foreign laws. Unauthorized use of Site Content may violate copyright, trademark, and other laws. You acknowledge these rights and agree not to engage in any unauthorized use of Site Content.

User Content: We do not claim any ownership rights in User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use, exploit, or monetize your User Content outside of the Site.

Trademarks: All brand, product, and service names used on the Site are trademarks or registered trademarks of their respective owners. You cannot use any of those marks without permission from the mark holder.

License to Use Site Content: Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Site Content for your own personal use. Site Content may not be used, copied, reproduced, modified, republished, disassembled, reverse engineered, sold, displayed, performed, posted, distributed, transmitted, broadcast, circulated, or exploited for any commercial or other purpose without our prior written consent. Any use of the Site or the Site Content not expressly permitted herein is prohibited. All other rights are reserved.

Purchases and Payments

Product Descriptions: We attempt to describe products offered on the Site as accurately as possible. However, we are not legally liable for inaccuracies in product descriptions. We cannot confirm the price or promotion of any product until an order is submitted. Certain weights, measures, and other descriptions are approximate.

Price Changes: Prices for products offered via the Site are subject to change without notice. Price changes will not affect any orders you have already submitted.

Tax Calculation: All product prices advertised on the Site are exclusive of taxes and shipping charges. Applicable taxes will be calculated at checkout and added to your total.

Promotions: Promotional codes and other offers are only valid for eligible purchases and orders, as stated in the specific offer. Promo codes may not be combined with other offers unless expressly stated. We reserve the right to rescind, modify, or cancel promotions in our sole discretion.

Availability: We work to maintain accurate inventory on the Site. However, items shown on the Site may not always be available. We may discontinue products at any time and without prior notice or liability.

Shipping and Delivery: All purchases are subject to shipping fees and delivery policies. We determine shipping methods and carriers in our sole discretion. We will notify you of estimated delivery dates, but those dates are not guaranteed delivery times and should not be relied upon as such. We are not liable for delays in shipments.

Refund Policy: All sales are final and no refunds will be issued unless required by law. If you believe you are due a refund under applicable law, please contact us with the details. Approved refunds will be issued back to the original form of payment used for purchase.

Purchase Terms for Services: Any services purchased from the Site are subject to the applicable service agreement and/or work order that will be provided or made available to you in connection with your order. Please review those documents carefully before placing your order. In the event of any conflict between those documents and these Terms, the service agreement and/or work order will govern.

User Content

Ownership: You retain all ownership rights in any User Content you upload, publish, display, or provide to the Site. However, you grant us an irrevocable, worldwide, royalty-free, perpetual, non-exclusive license and all other rights necessary to use, reproduce, modify, adapt, publish, distribute, create derivative works from, and/or display such User Content in any manner and through any medium, now known or hereafter devised, to provide and promote the Site.

Representations/Warranties: You represent and warrant that: (i) you own or have all necessary legal rights to use any User Content you provide, and (ii) the use of your User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Indemnification: At our request, you agree to defend, indemnify, and hold harmless us and our parent companies, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees from and against any claims, actions, proceedings, obligations, liabilities, and costs and expenses (including reasonable attorneys??? fees) arising from: (i) your use of the Site; (ii) any User Content you provide; (iii) your violation of these Terms; or (iv) your violation of any law or rights of a third party.

Enforcement: We have the right (but not the obligation) to:

• Review, monitor, display, post, publish, store, maintain, disclose, and otherwise use any User Content you post or provide
• Remove, delete, edit, reject, disable access to, or modify any User Content in our sole discretion and without notice or liability to you
• Report any User Content to law enforcement or authorities if we believe it may aid an investigation into illegal, harmful, or objectionable activity
• Investigate any User Content to determine if a violation of these Terms has occurred
• Take any action we deem appropriate in our sole discretion to enforce these Terms and ensure the Site functions properly

Termination

By You: You may stop using the Site at any time with or without notice. Closing your Account does not constitute notice of termination.

By Us: If we determine you have materially breached these Terms, we reserve the right to suspend or permanently terminate your access to and use of the Site at any time, with or without notice to you. We also reserve the right to block or restrict IP addresses that violate these Terms.

Effects of Termination: Upon termination, we may delete or deactivate your Account as well as all related information and User Content stored under your Account. We will not have any liability for such deleted information or deactivated Account. No refunds will be provided for any purchases made prior to termination.

Survival: All provisions of these Terms that by their nature should survive termination of your access to the Site will continue to apply after such termination.

Disclaimer of Warranties

We provide the site on an ???as is??? and ???as available??? basis and grant no warranties of any kind, whether express, implied, statutory or otherwise with respect to the site (including all content), including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee or promise any specific results from using the site. You agree that you bear sole responsibility and liability for your use of the site. We disclaim any and all liability for the acts, omissions, and conduct of any user or other third party in connection with or related to your use of the site.

We are not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with your access to or use of the site or inability to access or use the site.

Limitation of Liability

We will not be liable to you or any third party for:

• Any indirect, consequential, exemplary, punitive, incidental, or special damages
• Any lost profits, data, goodwill, or opportunities, even if we have been advised of the possibility of such damages
• Any claims, demands, causes of action, liabilities, or expenses arising out of or in connection with:
  • The normal, intended use or availability of the Site
  • The use of, inability to use, errors, or mistakes in the content and functionality of the Site
  • Any violation by you of these Terms
  • Any action taken by us pursuant to these Terms or in enforcing our rights hereunder

Under no circumstances will our total liability arising under or in connection with these terms exceed one hundred U.S. dollars ($100 USD).

Certain laws do not allow limitations on implied warranties or exclusions of liability, so the above limitations or exclusions may not fully apply.

Indemnification

At our request, you agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, agents, partners, vendors, and content providers from and against any losses, damages, liabilities, claims, actions, proceedings, or expenses in connection with or arising from your use of the Site and/or any breach or alleged breach by you of these Terms, including without limitation attorneys??? fees and costs. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with us in defending the claim.

Governing Law

These Terms are governed by the laws of the United Kingdom, without regard to conflict of law rules. You hereby consent to the personal jurisdiction and exclusive venue of the courts located there, and waive any objections thereto.

No Class Actions

You may bring claims against Ponds Cold Cream only on an individual basis. You agree not to commence or participate in any class action or other representative proceeding against us. We expressly waive any right to proceed on a class or representative basis.

Severability

If any provision of these Terms is found illegal or unenforceable, then only that provision will be deemed modified or unenforceable and will not affect any other provision. The invalidity of any portion of these Terms will not and shall not be deemed to affect the validity of any other provision.

Contact Us

Please feel free to contact us with any questions regarding these Terms.

Via Mail:

Ponds Cold Cream
123 Skincare Lane
London, UK
SW1A 1AA

Via Email:
[email protected]

We will try to address initial inquiries within 3 business days. However, keep in mind response time may be delayed during peak periods.

Entire Agreement

These Terms constitute the entire agreement between you and Ponds Cold Cream with respect to your access to and use of the Site. Our failure to exercise or enforce any rights or provisions in these Terms does not constitute a waiver of such rights or provisions. These Terms supersede any prior agreements or communications between you and us, and shall not be modified except via revision of these Terms posted on the Site or as otherwise provided for in these Terms.