MALIBU HEALTHCARE PRODUCTS LIMITED

                       TERMS & CONDITIONS FOR THE SUPPLY OF PRODUCTS

These general terms and conditions of sale constitute a contract between (a) Malibu Health Products Limited, (Company number: 03751009) of Unit C Ventura Park Old Parkbury Lane, Colney Street, St. Albans, England, AL2 2DB (“Malibu” or “us”) and (b) any natural person (the “Customer” or “you”) wishing to purchase Malibu products via the Malibu e-commerce web site (“the Site”).

DISCLAIMER: Please note that the Products are sold for your own personal use. Malibu is entitled to refuse any order that does not clearly correspond to a retail sale.

You may not order more than Six (6) Products with the same reference. Orders exceeding this quantity will be automatically placed in suspense and confirmation will need to be given that the purchases are for private use and not for re-sale.

  1. PURPOSE

These terms and conditions set out the terms and conditions governing the online sale and the delivery of the products to be supplied by Malibu to the Customer (“Products”) as well as the respective rights and obligations of the parties arising from the online sale of the Products that are offered on the Site.

Your use of the site is also governed by the Privacy Notice available on the Site.

Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.

    1. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are Malibu Health Products Limited a company registered in England and Wales. Our company registration number is 03751009 and our registered office is at Unit C Ventura Park Old Parkbury Lane, Colney Street, St. Albans, England, AL2 2DB. Our registered VAT number is 858 5762 69.

How to contact us. You can contact us by telephoning our customer service team on +44(0)1923289470  or by writing to us at info@malibusun.com

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.

    1. OUR PRODUCTS
      1. Availability. The Products sold by Malibu are those featured on the Site on the day on which you access the Site, and are subject to availability.

      1. Products may vary slightly from their pictures. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a display of the colours or a picture accurately reflects the colour of the Products. Your Products may vary slightly from those images.

      1. Products packaging may vary. The packaging of the Products may vary from that shown in images on our Site.

      1. Minor changes to the Products. We may change the Products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the Products.
    2. OUR CONTRACT WITH YOU
      1. How you may place your Order. To place an order on the Site, you must be at least 16 years-old, have the legal capacity to be bound by these terms and conditions and hold a payment method as mentioned below.

When browsing the Site, if you wish to place an order you may do so by clicking directly on the button located beside each Product shown. You may select further Products by continuing to browse the Site. The order is made by pressing the confirm order button at the end of the checkout process.

You will then be guided through the process of placing an Order by a series of simple instructions on the Site (“Order”). When confirming the purchase of the Product you agree to these terms and conditions. After checking the summary of your Order, you will be prompted to pay for the Order.

      1. How we will accept your Order. Once the Order has been confirmed by you and the payment has been approved our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us (“Contract”).
      2. If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Products. This might be because the Products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because you are located outside our delivery areas, because we have identified an error in the price or description of the Products or because we are unable to meet a delivery deadline you have specified.
      3. Personal use and maximum order volumes. All sales on our site are personal use only and not for resale You may not order more than six (6) Products with the same reference Orders exceeding this quantity will be automatically rejected.
      4. Your Order number. We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
      5. Products not for Resale. Our Contract is with you, and in entering into this Contract you are representing that you are buying the Products for yourself, and not for resale, or distribution or other disposition thereof.
    2. YOUR RIGHTS TO MAKE CHANGES
      1. If you wish to make a change to the Products you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see condition 7).
    3. PROVIDING THE PRODUCTS
      1. Delivery costs. The costs of delivery will be as set out on the Site.
      2. When we will provide the Products. During the order process we will let you know when we will provide the Products to you.
      3. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
      4. If you are not at home when the Products are delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our carrier will e-mail you to rearrange delivery at a convenient time or place (for example leaving the Products with a neighbour). If the carrier is unable to deliver the Products they will be taken to a local access point for collection by you, and you will receive notification of this. If you do not collect the Products within the time specified on the notification, they will be returned to us.
      5. If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and condition 9.2 will apply.
      6. Your legal rights if we deliver Products late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products we have given you then you may treat the Contract as at an end straight away if any of the following apply:
        1. we have refused to deliver the Products;
        2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
      7. Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under condition 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
      8. Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under condition 6.6 or condition 6.7, you can cancel your Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44(0)1923289470 or email us at info@malibusun.com for a return label or to arrange collection.
      9. When you become responsible for the Products. Products will be your responsibility from the time we deliver the Products to the address you gave us or you or a carrier organised by you collect it from us.
      10. When you own Products. You own the Products once we have received payment in full.
      11. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you. If so, this will have been set out on the Site. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and condition 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
      12. Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Products to:
        1. deal with technical problems or make minor technical changes;
        2. update the Products to reflect changes in relevant laws and regulatory requirements;
        3. make changes to the Products as requested by you or notified by us to you.
      13. Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. You may contact us to end the Contract for Products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the Products in respect of the period after you end the Contract.
      14. We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended.
    4. YOUR RIGHTS TO END THE CONTRACT
      1. You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
        1. If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Products repaired or replaced or to get some or all of your money back), see condition 10;
        1. If you want to end the Contract because of something we have done or have told you we are going to do, see condition 7.2;
        1. If you have just changed your mind about the Products, see condition 7.3.You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;
        2. In all other cases (if we are not at fault and there is no right to change your mind), see condition 7.6.

      1. Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at 7.2.1 to 7.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
        1. we have told you about an upcoming change to the Products or these terms which you do not agree to;
        2. we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
        3. there is a risk that supply of the Products may be significantly delayed because of events outside our control;
        4. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
        5. you have a legal right to end the Contract because of something we have done wrong.
      2. Exercising your right to change your mind. For most Products bought on our Site you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
      3. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
        1. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them therefore once you unseal and/or open a suncream product, you cannot exercise your withdrawal right with regards to such Product;
        2. Products which have been made to your specification;
        3. any Products which become mixed inseparably with other items after their delivery.
      4. How long do I have to change my mind?

You have 14 days after the day you (or someone you nominate) receives the Products.

      1. Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see condition 7.1), you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract for Products is completed when the Products are delivered, and paid for. If you want to end the Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately, and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
    2. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
      1. Tell us you want to end the Contract. To end the Contract with us, please let us know by contacting our customer service team at info@malibusun.com / or +44(0)1923289470 and complete the form set out in the Schedule or provide equivalent details in writing.
      2. Returning Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to where you bought them, post them back to us at Unit C, Ventura Park, Old Parkbury Lane, Radlett, Hertfordshire AL2 2DB UNITED KINGDOM. Please call customer services on +44 (0)1923289470 or info@malibusun.com for a return label. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
      3. Non-returnable Products. We do not accept returns and refunds of Products if the Products were personalised on request, or if the Products have been opened or unsealed by you and cannot be returned for reasons of hygiene unless they are faulty.
      4. When we will pay the costs of return. We will pay the costs of return:
        1. if the Products are faulty or misdescribed;
        2. if you are ending the Contract because we have told you of an upcoming change to the Products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
        3. In all other circumstances you must pay the costs of return.
      5. What we charge for collection. If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, as set out in our Site.
      6. How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
      7. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
        1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, 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 Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
        2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the Products within 3-5 days at one cost but you choose to have the Products delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
      8. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
        1. If we have not offered to collect the Products, your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return Products to us, see condition 8.2.
        2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
    3. OUR RIGHTS TO END THE CONTRACT
      1. We may end the Contract if you break it. We may end the Contract for the Products at any time by writing to you if:
        1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
        2. you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that is necessary for us to provide the Products;
        3. you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
        4. you do not, within a reasonable time, allow us access to your premises to supply the services.
      2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in condition 9.1 we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
      3. We may withdraw the Products. We may write to you to let you know that we are going to stop providing the Products. We will let you know in advance of our stopping the supply of the Products, unless the problem is urgent or an emergency, and will refund any sums you have paid in advance for Products which will not be provided.
    4. IF THERE IS A PROBLEM WITH THE PRODUCTS
      1. How to tell us about problems. If you have any questions or complaints about the Products, please contact us. You can telephone our customer service team on +44(0)1923289470 or write to us at info@malibusun.com and Unit C, Ventura Park, Old Parkbury Lane, Radlett, Hertfordshire AL2 2DB UNITED KINGDOM.
      2. Your legal rights. We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms will affect your legal rights.
      3. Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44(0)1923289470 or email or write to us at info@malibusun.com and Unit C, Ventura Park, Old Parkbury Lane, Radlett, Hertfordshire AL2 2DB UNITED KINGDOM for a return label or to arrange collection.
    5. PRICE AND PAYMENT
      1. Where to find the price for the Products. The price of the Products (which includes VAT) will be the price as set out on our Site. We take all reasonable care to ensure that the price of the Products advised to you is correct. However please see condition 11.3 for what happens if we discover an error in the price of the Products you order.
      2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
      3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Products correct price at your order date is less than our stated price at your Order date, we will charge the lower amount. If the Products correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
      4. When you must pay and how you must pay. We accept payment with the cards specified on our Site. You must pay for the Products before we dispatch them and your credit/debit card will be charged when your Order is placed.
    6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
      1. We are only responsible to you for foreseeable loss and damage caused by us if we fail to comply with these terms, and are in breach of the Contract or fail to use reasonable care and skill. Loss or damage may be foreseeable if it is obvious that it will happen.
      2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so however we are not liable for:
        1.  business losses: We only supply the Products to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

        1. events outside our control: losses caused by a delaying event outside our control as long as we have taken the steps set out in condition 6.3.

        1. losses that could have been avoided: losses you suffer caused by us if the loss is something you could have avoided by taking reasonable action.

      1. The above liability limitations are made to the full extent permitted by applicable law, and without affecting your rights as a consumer.
    2. HOW WE MAY USE YOUR PERSONAL INFORMATION
      1. How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.
    3. OTHER IMPORTANT TERMS
      1. Use of the Site. We disclaim all liability for any inconvenience or damage arising from the your use of the internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses and unavailability of the Site due to maintenance operations, technical failures, force majeure events or any other circumstance beyond our control.
      2. We may transfer the Contract to someone else. We may transfer our rights and obligations under these terms to another organisation so that a different organisation is responsible for supplying the Products. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
      3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
      4. Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
      5. If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
      6. Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

Which laws apply to the Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.