Consumer Terms and Conditions of Sale

LACEBY LTD (TRADING AS ABSOLUTE COLLAGEN) CONSUMER TERMS AND CONDITIONS

1. THESE TERMS
1. 1.1 What these Terms cover. These are the terms and conditions (Terms) that will apply to your purchase of any of our collagen products (including both our drinkable collagen and our collagen serum) (Product(s)) made via our website at ie.absolutecollagen.com (the Site).
2. 1.2 These Terms apply to consumers only. These Terms only apply to the supply of the Products for domestic and private use only.
3. 1.3 Why you should read these Terms. Please read these Terms carefully before you submit your order to us via the Site (Order). A reference to an Order or Product also includes an Order or Product contained in any Subscription (please see sections 7 and 9) unless otherwise stated. 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. If you have any questions about these Terms, please contact us to discuss (using the contact details in Clause 2.2 below).
4. 1.4 Your attention is drawn to certain clauses. Your attention is drawn to Clause 8 (Your rights to end the Contract), Clause 9 (Our rights to end the Contract) and Clause 13 (Liability). Please ensure that you have read, understand and agree to those clauses in particular. If you do not agree with any of these clauses, or any other clause contained in these Terms, you must not place an Order with us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
1. 2.1 Who we are. We are Laceby Ltd trading as Absolute Collagen, a company registered in England and Wales. Our company registration number is 09659752 and our registered office is at Absolute Collagen, 49 Greek Street, London, London, England, W1D 4EG. Our registered VAT number is GB229335894.
2. 2.2 How to contact us. To contact us, please submit a query via our online contact form, (https://ie.absolutecollagen.com/pages/contact), email us at care@ie.absolutecollagen.com, message us on Facebook Messenger, call us on 091 423 425 (open between 9am and 5pm, Monday to Friday) or write to us at Laceby Ltd, Absolute Collagen, 49 Greek Street, London, London, England, W1D 4EG.
3. 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the phone number, email address or postal address you provided to us in your order.
4. 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3. ACCEPTING YOUR ORDER
1. 3.1 How we will accept your Order. Our acceptance of your Order (including any Subscription (see Clause 7.3)) will take place when we email you to formally accept it, at which point a contract will come into existence between you and us (the Contract).
2. 3.2 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and we will either not charge you for the Product or we will offer you an alternative Product of equal value. This might be because the Product is out of stock; because of unexpected limits on our resources that we could not reasonably plan for; because we have identified an error in the price or description of the Product; or because we are unable to meet a delivery deadline you have specified. If the information received by you is not in line with our delivery guidelines, we reserve the right to cancel your order and issue a refund. It is your responsibility to input the correct delivery information at checkout, we cannot be held responsible for failed deliveries due to incorrect information supplied by you.
3. 3.3 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.
4. OUR PRODUCTS
Product packaging may vary. The packaging of the Product may vary from that shown in images on our Site.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us as soon as possible. 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 Product, 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 Clause 8 - Your rights to end the Contract).
6. OUR RIGHTS TO MAKE CHANGES
1. 6.1 Minor changes to the Products. We may change the Product:
  
  a) to reflect changes in relevant laws and regulatory requirements; and
  
  b) to implement minor technical adjustments and improvements to the Product.
  
  These changes will not affect your use of the Product.
2. 6.2 Changes to these Terms. We may make changes to these Terms from time to time. If we make any significant changes to these Terms, we will notify you via a suitable announcement on the Site and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
7. DELIVERY OF THE PRODUCT(S)
1. 7.1 Delivery options and costs. The different delivery options and associated costs will be displayed on our Site at the time that you submit your order.
2. 7.2 Our Subscription services. Where your Order consists of our drinkable collagen, if your Order is a “Subscribe and Save” purchase (a Subscription, with you being a Subscriber), every 14 or 28 days (depending on your chosen time period), we will deliver to you 14 or 28 sachets of collagen respectively until you cancel your Subscription. Please note that by purchasing a 14 or 28 day Subscription, you acknowledge that the Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation (see Clause 8.3 for details about cancelling your Subscription).
3. 7.3 When we will provide the Products. When we send you an email formally accepting your Order, we will confirm the delivery option selected by you at the checkout. We will use reasonable endeavours to meet any estimated delivery date and to inform you of any potential delay that means that your Products may not be received by the estimated delivery date. However, we do not provide any guarantee that the Products will be received by any estimated delivery date. We will use our reasonable endeavours to avoid any interruption in Product supply with regards our Subscription services.
4. 7.4 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, that we become aware of, 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.
5. 7.5 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our third party courier should either leave you a note, or send you an email or text message, informing you of how to rearrange delivery or collect the Products from an alternative address, such as a neighbour, a local depot or designated collection outlet.
6. 7.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Product(s) from an alternative address, a delivery depot or designated collection outlet, we (or our third party courier) will contact you for further instructions and we 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 Clause 10.2 will apply.
7. 7.7 When you become responsible for the Products. A Product will be your responsibility from the time we deliver the Product to the address you gave us, or it is delivered to the alternative address that you instruct our third party courier to deliver to, or on collection by you from a local depot or designated collection outlet.
8. 7.8 When you own Products. You own a Product once we have received payment in full.
9. 7.9 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
  
  a) review or make minor technical changes; or
  
  b) update the Product to reflect changes in relevant laws and regulatory requirements.
10. 7.10 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 Product, unless the problem is urgent or an emergency. You may contact us to end the Contract or your Subscription for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
8. YOUR RIGHTS TO END THE CONTRACT
1. 8.1 Your rights to end your Contract with us. Your rights when you end the Contract will depend on whether there is anything wrong with the Product you have bought, and/or whether we have done something wrong:
  
  a) If you want to end the Contract because of something we have done or have told you we are going to do, see Clause 8.2;
  
  b) If what you have bought is faulty or not as advertised you may have a legal right to end the Contract (or to get the Product replaced or to get some or all of your money back), see Clause 11 – If you have a problem with the Product(s).
  
  Due to the nature of the Products we sell, please note that you only obtain a right to return in the above circumstances and we are unable to accept any returns if you have simply changed your mind about the Product.
2. 8.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at a) to e) 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:
  
  a) we have told you about an upcoming change to these Terms which you do not agree to (see Clause 6.2);
  
  b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed (see Clause 12.2);
  
  c) there is a risk that supply of the Products may be significantly delayed because of events outside our control (see Clause 7.4);
  
  d) we have suspended supply of the Products for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than 14 days (See Clause 7.10); or
  
  e) you have a legal right to end the contract because of something we have done wrong.
3. 8.3 Cancelling your Subscription. You can cancel your Subscription at any time but please be aware of the following:
  - If you cancel before 7am Republic of Ireland time on any given day, your Subscription will terminate on that day. If you cancel after 7am on any given day, your Subscription will terminate the following day. Please be aware of when you have Subscription Orders scheduled to be processed. Provided that you cancel your Subscription by the day before your Order is processed, (i.e. before midnight on the day before your Order is processed), you will not be sent or charged for your next scheduled, nor any future, box of drinkable collagen unless you restart your Subscription or make a one-time purchase. If you cancel your Order after midnight on the day before your Order is processed, you will be sent and charged for your next scheduled box of collagen but you will not be sent or charged for any future boxes, unless you restart your Subscription or make a one-time purchase; and
  - If you opt for the 14-day Subscription and cancel before we process and charge for your second box of drinkable collagen, you may be charged for the difference between a one-time purchase of a box of 14 sachets of collagen and the discounted price of the 14-day Subscription boxes. At the time of writing, a one-time purchase is €44.99 per box and the 14-day Subscription box is €37.99 per box and you may therefore be charged €7.00. This is to reflect the discount provided to regular customers.
9. HOW TO END THE CONTRACT WITH US AND RETURNING PRODUCTS
1. 9.1 Tell us you want to end the Contract. To end the Contract (or cancel a Subscription) with us, please let us know by doing one of the following:
  
  a) Email or phone. Email us at care@ie.absolutecollagen.com or call us on 091 423 425. Please provide your name, home address, the Order Number and, where available, your phone number and email address;
  
  b) Online. Submit a query via our online contact form (https://ie.absolutecollagen.com/pages/contact) or, where you wish to cancel a Subscription, log in to your online account and follow the steps to cancel your Subscription.
  
  c) Message us on Facebook Messenger. Please provide your name, home address, the Order Number and, where available, your phone number and email address.
2. 9.2 Timing for cancelling your Subscription. Subscription cancellation requests submitted after 7am ROI time will not be effective until the following day.
3. 9.3 Returning Products. If you request an exchange, replacement or refund for any reason after the Products have been dispatched to you, or after you have received them, you must return the Products to us.
4. 9.4 When sending the Products to us, it is your responsibility to ensure that we receive the Products safely and securely to the return delivery address stated on the documentation (postal label or dispatch / order confirmation note, as applicable) contained on or with the package your Product came in, or to any other address we have advised to you. We do not accept any responsibility for Products that are lost or damaged in the post and will not be required to refund you in the event of such circumstances, so we advise that you use tracked post.
5. 9.5 When we will pay the costs of return. We will pay the costs of return:
  
  a) if the Products are faulty; or
  
  b) if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside of our control or because you have a legal right to do so as a result of something we have done wrong.
  
  In all other circumstances you must pay the costs of return.
6. 9.6 How we will refund you. We will refund you the price you paid for the Products including delivery costs (unless you selected express or premium delivery, in which case you will only be refunded our basic delivery cost), by the method you used for payment. However, we may make deductions from the price, as described below.
7. 9.7 When your refund will be made. We will make any refunds due to you as soon as possible.
10. OUR RIGHTS TO END THE CONTRACT
1. 10.1 We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if you breach your obligations under the Contract. This may apply, for example, if you do not, within a reasonable time, allow us to deliver the Products to you or collect the Products from us.
2. 10.2 You must compensate us if you break the Contract. If we end the Contract in the situation set out in Clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you a percentage of the price as compensation for the net costs we incur as a result of your breaking the Contract. This may include, for example, our storage costs or any further delivery costs.
3. 10.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least seven days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
11. IF YOU HAVE A PROBLEM WITH THE PRODUCT(S)
1. 11.1 How to tell us about problems. When you receive your Products, you must check them and contact us as soon as possible if you have a problem with the Products, or if the Products are not as advertised. If you have any questions or complaints about the Products, please contact us using the methods detailed at Clause 9.1 providing us with photographic evidence as and where possible.
2. 11.2 If a Product is faulty or not as advertised, you can exercise your legal rights under consumer law (see Clause 11.3).
3. 11.3 Summary of your legal rights under consumer law.
  
  a) The Sale of Goods and Supply of Services Act 1980 says your Products must be as described, fit for the purpose you bought it for and of merchantable quality. If you feel that any Product you receive does not meet this requirement, then you may have a legal right to have the Product refunded or replaced, depending on the amount of time that has passed since the Product was received by you. For more information please visit the Citizens Information website at www.citizensinformation.ie. Nothing in these Terms will affect your legal rights.
  
  b) If you wish to exercise your legal right to have Products refunded or replaced, you must contact us and arrange for the Products to be returned to us as set out in Clause 9. We will ask you to post the Product back to us and we will pay the costs of postage.
12. PRICE AND PAYMENT
1. 12.1 Where to find the price for the Product. The price of the Product (including all taxes and VAT) will be the price indicated on the Site when you placed your Order. This does not include delivery charges, which are invoiced in addition to the price of the Product, according to the total amount of the Order. Delivery charges will be shown before you are asked to confirm the Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the Product you Order. We reserve the right to change our prices at our discretion.
2. 12.2 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 on our Site. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s 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. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, require you to return any Products provided to you and (following our safe receipt of such Products) refund you any sums you have paid.
3. 12.3 When you must pay and how you must pay. We accept payment with all major credit and debit cards, ShopPay, AmazonPay, GooglePay, PayPal and Klarna (pay in three instalments). Please note that AmazonPay, Paypal and Klarna are only available for non-Subscription (i.e. one time) purchases. You must pay for the Products at the time of submitting your Order and before we dispatch them. Please click on the following links to access each payment provider’s Terms of Service:
4. 12.4 When there is a non-payment. In the event of non-payment, or any adverse payment circumstances, we reserve the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.
5. 12.5 Retention of title. All Products remain our exclusive property until such time as payment of the sale price, including the principal, extra costs and taxes have been made in full.
13. LIABILITY
1. 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. 13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.3; and for defective products under the Liability for Defective Products Act 1991.
3. 13.3 We are not liable for business losses. We only supply the Products 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.
14. PROMOTIONS, DISCOUNT OFFERS & VOUCHER CODES
1. 14.1 Promotions, discounts and voucher codes redeemable on the Site are not valid in conjunction with any other offer or promotion. Only one promotional, discount or voucher code can be used per Order.
2. 14.2 Minimum spends may apply for certain promotions, discount or voucher codes.
3. 14.3 It is not possible to apply a promotional code, discount code or voucher code to an Order after the Order has been submitted, whether via the Site or by telephone.
4. 14.4 The length of time a promotion, discount code or voucher code is available, is set at our discretion and we have the right to remove or amend this at any time.
5. 14.5 Promotions may be limited to one per Product and not all Products may be included in each promotion.
15. MONEY BACK GUARANTEE
1. 15.1 Am I Eligible for the Money Back Guarantee?. To be eligible for consideration for our money back guarantee you need to fall within the following criteria:
2. a) You must have commenced a marine collagen drink new subscription with Absolute Collagen on or between the Monday 29th December 2021 to the Monday 10th January 2021 and have maintained this subscription, for an unbroken period of at least 90 days thereafter.
3. b) You must have consumed a sachet of the marine collagen drink every day for a period of at least 90 consecutive days after receiving your packaged product.
4. c) Please note that this money back guarantee is not available to customers who began a subscription of the marine collagen drink before Monday 29th December 2021 or after the Monday 10th January 2021, and is not available to one-off purchasers who have not otherwise signed up for a subscription of the marine collagen drink.
5. 15.2 If you’re not happy with the visible results of our marine collagen drink how do you claim? Send to hello@absolutecollagen.com your name and contact details, and information regarding your eligible subscription of the relevant product. Please put “MONEY BACK GUARANTEE” in the subject line.
  
  In addition, you need to be able to send through date stamped photographs or videos of your face, hands or neck depending on which area you wished to see results and did not see results. These should be taken on days 1, 30, 60 and 90 of your subscription journey, after commencing your course of our marine collagen drink, so that we can see how your hair, skin and nails (as appropriate) have been affected by the full 90 day course of your subscription. Photographs and/or video submissions should be taken in similar lighting each time, and should be completely unfiltered and otherwise unedited and unprocessed. Photographs / videos must be sent through to our customer services team at hello@absolutecollagen.com as part of your claim, within 14 days from the date you consumed your 90th day’s sachet of the marine collagen drink.
6. 15.3 What happens next? Our customer services team will review the photographs / videos supplied by you and will then determine, acting reasonably and fairly, whether the evidence supplied by you supports your claim that the marine collagen drink has not delivered results for you, of any of the advertised benefits to your hair, skin and nails. For the avoidance of doubt, where consumption of the marine collagen drink has resulted in some of the advertised benefits but not all of the advertised benefits, you will not be eligible for your money back under this money back guarantee.
  
  Our customer services team will aim to respond to your claim within 14 days of receipt by us of your claim. For the avoidance of doubt, any refunds are made at the discretion of Laceby Ltd trading as Absolute Collagen, after considering the evidence supplied. Simply making a claim does not guarantee a money back refund.
  
  The terms of this money back guarantee do not affect any of your statutory rights.
16. YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookie Policy.
17. OTHER IMPORTANT TERMS
1. 17.1 We may transfer the Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. 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. If you are unhappy with the transfer you may contact us to end the Contract within seven days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
2. 17.2 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.
3. 17.3 Nobody else has any rights under this Contract. This 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.
4. 17.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. 17.5 Even if we delay in enforcing this 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 this 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.
6. 17.6 Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by the laws of the Republic of Ireland and you can bring legal proceedings in respect of the Products in the courts of the Republic of Ireland.
7. 17.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may wish to contact the alternative dispute resolution provider we use. You can submit a complaint to the European Commission Online Dispute Resolution platform via their website at https://www.ec.europa.eu/consumers/odr/main/?event=main.trader.register.