TERMS OF SERVICE

These Terms of Service ("Terms") govern your use of the Blemishvera website, mobile application, and related services (collectively, the "Site") operated by Blemishvera ("we", "us", "our"). These Terms apply to all visitors, users, and customers.

By using the Site and/or placing an order, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. About These Terms

1.1. These Terms set out the legally binding terms and conditions for your use of the Blemishvera Site and your purchase of products from us.

1.2. Please read these Terms carefully before placing any order. If you have any questions, you may contact us using the details provided in the "Contact Us" section below.

1.3. We may update these Terms from time to time. The latest version will always be available on our Site, and your continued use of the Site after any changes constitutes your acceptance of the updated Terms.

1.4. These Terms do not affect your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2. Governing Law

2.1. These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales.

2.2. Any legal action or proceedings related to your use of the Site or these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

2.3. However, if you are a consumer and reside in another part of the United Kingdom or the European Union, you may also benefit from mandatory consumer protection provisions of your local jurisdiction, and nothing in these Terms restricts your rights under such provisions.

3. Contract Formation

3.1. Nothing on the Site constitutes a binding offer to sell goods. When you place an order, you are making an offer to purchase goods from us.

3.2. We will send you an email acknowledging receipt of your order. This does not constitute acceptance of your order.

3.3. A legally binding contract is formed between us only when we send you an email confirming that the goods have been dispatched ("Dispatch Confirmation").

3.4. We reserve the right to refuse or cancel any order prior to dispatch for any reason, including but not limited to:

suspected fraud or unauthorised transaction;
stock unavailability or discontinuation of a product;
pricing errors or product description errors;
failure to pass our internal security checks.

4. Price and Payment

4.1. All prices are displayed in Pounds Sterling (£) and are inclusive of UK VAT at the applicable rate, unless otherwise stated.

4.2. Delivery costs are not included in the product price unless specified. These will be added to your total before checkout.

4.3. We accept payment via the methods indicated at checkout (including, but not limited to, major credit and debit cards, PayPal, and Shopify Payments). Payment must be received in full before we dispatch your order.

4.4. Drip Pricing: Under the Digital Markets, Competition and Consumers Act 2024, all mandatory fees (such as unavoidable service charges or handling fees) are included in the headline price displayed on the product page. Any optional extras will be clearly shown and selected only with your express consent.

5. Shipping and Delivery

5.1. We strive to dispatch orders within the timeframes indicated at checkout and on our Shipping Policy page.

5.2. Delivery estimates are provided in good faith but are estimates only and do not constitute binding guarantees. We are not liable for delays caused by third-party carriers, postal strikes, customs clearance, or other circumstances beyond our reasonable control.

5.3. Risk of loss and title for goods pass to you upon delivery to the carrier. However, this does not affect your statutory rights regarding damaged, faulty, or misdescribed goods.

5.4. For deliveries outside the United Kingdom, you are responsible for any applicable import duties, customs fees, or taxes imposed by your local authorities. We have no control over these charges and cannot predict their amount.

6. Returns, Cancellation, and Refunds

6.1. Statutory Cancellation Right (Cooling Off): If you are a consumer, you have the legal right to cancel your order within 14 days without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This period:

begins the day after you receive the goods (or the last item in a multiple-order shipment); and
ends 14 days from that date.

6.2. To exercise this right, you must inform us of your decision clearly and unambiguously (via email to our contact address) within the 14-day period. You may use the model cancellation form provided on our Site, but it is not mandatory.

6.3. You must return the goods to us within 14 days of notifying us of your cancellation. The return address will be provided upon request.

6.4. Return Conditions: You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning (e.g., opening the packaging to inspect the product is allowed; using the product extensively is not). Goods must be returned in their original packaging and in a resalable condition.

6.5. Refunds: We will reimburse the cost of the goods and standard delivery costs within 14 days of receiving the returned goods or, if earlier, receiving proof of return postage. We may deduct recovery costs if you chose a non-standard (e.g., next-day) delivery method at checkout.

6.6. Faulty or Misdescribed Goods: If the goods are faulty, not of satisfactory quality, or not as described, you are entitled to a full refund or replacement under the Consumer Rights Act 2015. This right applies for up to 30 days from receipt for a full refund (short-term right to reject), and for longer periods for repair or replacement. Nothing in these Terms affects your statutory rights.

7. Intellectual Property

7.1. All content on the Blemishvera Site (including, but not limited to, text, graphics, logos, buttons, icons, images, product descriptions, videos, and software) is the property of Blemishvera or its licensors and is protected by UK and international copyright, trademark, and other intellectual property laws.

7.2. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial shopping purposes only.

7.3. You agree not to:

reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without our express written consent;
modify, adapt, translate, or create derivative works based on the Site or its content;
remove, alter, or obscure any copyright, trademark, or other proprietary notices.

8. User Conduct and Prohibited Activities

You agree to use the Site only for lawful purposes. Prohibited activities include, but are not limited to:

8.1. Fake Reviews: Posting, submitting, or arranging reviews that are not based on a genuine, verifiable experience. Under the Digital Markets, Competition and Consumers Act 2024, we are required to take reasonable steps to prevent and remove fake or misleading consumer reviews. We reserve the right to verify reviews and remove any that we reasonably suspect to be dishonest or incentivised without disclosure.

8.2. Security Violations: Attempting to gain unauthorised access to our systems, servers, or databases; introducing viruses, trojans, worms, or other malicious code; or interfering with the security of, or otherwise abusing, the Site.

8.3. Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

8.4. Unlawful Use: Using the Site for any purpose that is unlawful, fraudulent, or otherwise prohibited by applicable UK law.

9. Disclaimer and Limitation of Liability

9.1. Disclaimer: The Site and all information, content, materials, and products included on or otherwise made available to you through the Site are provided on an "as is" and "as available" basis, unless otherwise stated in writing.

9.2. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, completeness, or reliability of the content. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

9.3. Limitation of Liability: To the maximum extent permitted by law, Blemishvera will not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profit, revenue, data, or goodwill) resulting from:

your use of or inability to use the Site;
any errors, omissions, or inaccuracies in the content;
any unauthorised access to or use of our servers and/or personal data stored therein.

9.4. Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of the Site shall be limited to the total purchase price of the specific order in question.

9.5. Consumer Rights Exemption: Nothing in these Terms excludes or limits our liability:

for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation;
for breach of your statutory rights as a consumer (including the right to receive goods that are as described, fit for purpose, and of satisfactory quality);
for any other liability that cannot be excluded or limited by applicable law.

10. Privacy and Data Protection

10.1. Your privacy is important to us. We process your personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

10.2. Please review our separate Privacy Policy (available on our Site) for detailed information on how we collect, use, store, and protect your personal data, including your rights to access, correct, or delete your information.

10.3. By placing an order, you consent to our collection and use of your personal data as described in our Privacy Policy.

11. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and Blemishvera regarding your use of the Site and your purchase of products. They supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter.

12. Changes to Terms

12.1. We reserve the right to update or modify these Terms at any time without prior individual notice, provided that any material changes will be prominently posted on the Site.

12.2. Any changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms periodically.

12.3. Continued use of the Site following the posting of changes constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Site.

13. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

14. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it prevent us from enforcing it at a later time.