Terms & Condition
1. USE OF THE WEBSITE
Welcome to the Labprive.com website (the ‘website’). By accessing this website you agree to these terms and conditions (the ‘Terms’). If you do not agree to them you may not use this website and should leave it immediately.
LABPRIVE.com is an online service, provided solely for your personal use for the sale of skincare, and selfceare products.
Company name: TUGLOW, LLC
Where Registered: New York, New York
We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
TO BE ELIGIBLE TO PURCHASE ITEMS ON THIS WEBSITE YOU MUST:
a) be the holder of a valid debit/credit card.
b) warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
If your personal information changes then please notify us immediately by contacting Customer Care on the following email
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
By using this site you agree to comply with, and be bound by, these Terms.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
2. MAKING A PURCHASE
When you order an Item from LABPRIVE.com you are offering to buy it for the price stated, subject to these Terms.
You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the Purchase Now button at the end of the online order process.
Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from LABPRIVE.com.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
If you require any information regarding your order(s) please contact Customer Care, 10AM-7PM Eastern Time, six days a week, or email Info@labprive.com.
We may not accept your order if (i) an item you have ordered is out of stock, (ii) if your card is due to expire within 28 days of your purchase date (iii) we are unable to obtain authorization for your payment or (iv) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3B below.
We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
3. PRICE AND DELIVERY
Currency: Your card will be charged in the US currency $. Please note, the purchase currencies you can choose from may be restricted by your shipping destination. You may change the shipment country and the currency displayed at any time. Prices for shipment to the UK will be shown in GBP £. Prices for shipment to Australia will be shown in AUD $. Where shipment is outside Europe to the Americas – North and South including Canada and the Caribbean – prices are shown in USD $. Prices for shipments to Hong Kong will be shown in HKD $. Prices for shipment to all other countries will be shown in EUR €.
The price displayed to you at the checkout is the price you pay. This will not vary later whatever currency fluctuations occur. Refunds will also be set at the price you paid not the price in the currency concerned at the date of refund.
DDP: Please note that to assist customers, orders shipped to Australia, Bahrain, Canada, Japan, Kuwait, Saudi Arabia, Singapore, Switzerland, United Arab Emirates, mainland United States and Qatar are now shipped on a Delivery Duty Paid (DDP) basis. This means that all relevant import taxes and duties will be included in the product price displayed on the website (where the individual product or total order value is over the relevant country duty threshold). LABPRIVE.com will account to the relevant authorities for all duty payable. You can opt out of paying duty up front by ticking the ‘Pay duty/tax to carrier on delivery’ box on the shopping bag. If you opt out of paying duty up front it will be your responsibility to pay any applicable charges on delivery. Please note, duty is applied as a flat rate percentage of the total item value for all products. If you believe that you have been overcharged for duty please contact Customer Care email Info@labprive.com
Please note, LABPRIVE.com collects US sales tax Only in the state of NY.
LABPRIVE.com is an approved CREDITS participant with the Canada Border Services Agency (CBSA). By ordering goods from LABPRIVE.com, you hereby authorize DHL Canada, an approved customs broker in CREDITS, to act as your agent, and to transact business with the CBSA to obtain release of your merchandise, account for duties and taxes, return merchandise to LABPRIVE.com, and electronically submit refund claims on your behalf. Under the CREDITS programme, the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and you will obtain the refund directly from.
We deliver to over 170 countries, if we do not deliver to your country you will be prevented from selecting that country at the point of ordering.
We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. Our delivery charges are dependent on your shipping destination. Please refer to our delivery section to view timing and costs. Estimated delivery times are to be used as a guide only. labprive.com cannot take responsibility for delays owing to customs clearance or payment issues. All purchases are insured by us while in transit until it is delivered to you. If you wish to track your parcel, please refer to the email you were sent containing your tracking number or alternatively email us at Info@labprive.com and we will track your shipment for you.
Please order from LABPRIVE.com with enough lead-time to prevent any loss or disappointment resulting from the delivery time as LABPRIVE.com cannot be responsible for this.
If your order will not be delivered within the time-frame specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.
All new orders are deemed separate and each is treated individually.
As LABPRIVE.com online purchases may be delivered to addresses other than the billing address given by the card holder, for example as with the case of a gift being purchased and addressed to a friend, as a security precaution, an email and a copy of the invoice will be sent to the cardholder’s registered email address and home address, and we will require a signature upon delivery for all goods shipped.
Please visit our Delivery Section for full details regarding deliveries.
3B. RETURNS AND CANCELLATION
Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund.
Please read our return policy carefully to ensure you can proceed with your request as quickly as possible.
All returns should be sent back to us in their original packaging provided. Please ensure when returning the parcel that the LABPRIVE.com box is properly protected with the plastic bag provided.
You have 14 days from receipt of order to request your returns number, which will be displayed online and emailed to you. You will receive your returns number by email. Unsuitable items must then be returned within 14 days of receiving your returns number. Return outside the 28-day window may be accepted at our discretion. The item(s) should be returned unworn and in perfect condition, with all LABPRIVE.com and designer garment tags still attached. Returns that are damaged, soiled or returned without their original labels may not be accepted and may be sent back to the customer.
Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately.
If your item is faulty (i.e. received damaged or with a manufacturing fault), we can offer alternatives such as repair or exchanges. For more information, please contact our Customer Care team.
Returning Goods from Non-EU Countries
If you are living outside the EU, you will also have received a Proforma Invoice with your package. This needs to be completed and enclosed with the items you wish to return. On this form you will need to indicate which item(s) are being returned by ticking the boxes alongside the product details. You will need to complete the Returns Number section with the number you have been issued and sign appropriately. The value of all successfully returned items will be credited to the account used at time of purchase, including any duties incurred. For more information about our returns process, please see our Returns Policy.
by email on Info@labprive.com.
Please note, for returns from orders placed on a DDP basis, duty and/or tax is only refunded if the order was shipped to Australia, Canada and the US.
Our returns policy does not affect your statutory rights in any way.
Statutory Cancellation Rights
You have the right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are in the EU.
You may cancel your order within 14 days after the day on which you receive your Items.
If, for any reason, you wish to cancel your order before your Items have been despatched, you need to let us know. In order to do so, you will need to confirm in writing to Info@labprive.com. You may use the model cancellation form (appended at the end of this section), but it is not obligatory. If you cancel your order, we will reimburse all payments received from you, including the cost of delivery within 14 days (except for any supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
If you wish to cancel after the Items have been dispatched, then you need to let us know within 14 days after the day on which you receive your Items. You can notify us by email as identified above. Once we have received notification from you of your wish to cancel your order, you will then have a further 14 days to return your Items to us. You will have to bear the direct cost of returning the Items.
We may make a deduction from the reimbursement for loss in value of the Items, if the loss is the result of unnecessary handling by you.
3C. DISCOUNT CODES
You may occasionally receive discount codes from us, via email or through promotional materials.
Free shipping offers apply to the entry-level delivery option. Free shipping offers on new-season orders are valid only on full-price items. In all cases, only the delivery is free. Any taxes, duties or customs fees are chargeable.
Each code is unique to the recipient, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each code has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified. Some discount codes may be redeemed both in store and online, or when specified, for online purchases only. Again, this will be stipulated at the time of promotion and on accompanying promotional materials.
When an order is placed using a promotional code and contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The ‘discount’ will not be refunded.
Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.
Only one discount voucher can be used per order.
4. CREDIT CARDS
labprive.com allows orders to be processed online, or over the phone, using a valid credit or debit card.
Your credit card company may undertake an additional security check to confirm it is you making the order. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
5. PASSING OF PROPERTY AND RISK
We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.
labprive.com wants to ensure your complete satisfaction with the Items. For online purchases, we will accept Items not used or damaged for a full refund as set out above.
7. CONTACTING US
If you would like some help when ordering, have a query about your order or to provide us with feedback on our service, email Info@labprive.com.
8. COPYRIGHT AND TRADE MARKS
All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the ‘Content’) is the property of LABPRIVE.com, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the ‘Trade Marks’) are the registered and unregistered marks of LABPRIVE.COM, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in the section entitled ‘Limited Licence’ below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
For the avoidance of doubt, LABPRIVE.com does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured in DvF in LABPRIVE.com belong to their respective owners.
9. LIMITED LICENCE
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited licence set forth in this section does not include the right to:
a) modify or download the Website or its contents (except caching or as necessary to view content)
b) make any use of the Website or its Content other than personal use
c) create any derivative work based upon either the Website or its Content
d) collect account information for the benefit of another party
e) use any meta tags or any other ‘hidden text’ utilizing our name or the Trade Marks without our express written consent
f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a) link to, but not replicate, our Content
b) not imply that we are endorsing such website or its services or products
c) not misrepresent its relationship with us
d) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages
e) not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions
f) not use any Trade Mark without our prior written consent and
g) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
10. THIRD PARTY LINKS
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to fully indemnify us for all claims arising from your claims to any rights in any Submission.
12. OUR LIABILITY TO YOU
You have certain rights under the law, including that any Items you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this Website.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
We only supply the Items, use of the Website and any other services for domestic and private use. You agree not to use the Items, Website or any other services provided by us for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, you agree that we are not responsible or liable under any circumstances for any computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third-party websites.
In no event shall our maximum aggregate liability exceed the greater of one hundred pounds (£100.00) or the sum you have paid us for the Item in relation to which you have a claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by the laws of that country. Nothing in any warranty given in this clause affects your statutory rights.
We do not exclude or limit in any way our liability for (i) death or personal injury caused by our negligence,(ii) fraud or fraudulent misrepresentation, (iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), (iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples), (v) defective products under the Consumer Protection Act 1987, or (vi) any other liability which cannot be excluded by law.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from LABPRIVE.com shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the United States Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by LABPRIVE.com shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us by email at support@LABPRIVE.com
15. GOVERNING LAW
Your use of this Website and any purchase by you of any Item from LABPRIVE.com shall be governed by United States law and you hereto submit to the exclusive jurisdiction of the United States courts.
We will treat all your personal details as confidential and we will only disclose this information in the circumstances set out below. We will keep it on a secure server and we will comply with the Data Protection Act 1998 (the 'Act') in relation to the use of your personal data. When you register on this Website, or make a purchase, we will ask you to input and will collect personal details from you such as your name, email address, username, password, telephone number, billing and delivery address(es) and payment details. We may also collect, and our third-party providers may collect, information about where you are on the Internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, any advertisements you may have clicked on, and any search terms that you entered on our Website. We confirm that any personal details which you provide to us (or which are available on public registers) and any user information, from which we can identify you, is held in accordance with the registration we have with the Information Commissioner’s Office
We use your information only for the following purposes:
a) maintaining your registration
b) for statistical purposes to improve this Website and its services to you
c) to serve website content to you
d) to administer this Website
e) to notify you of products or special offers that may be of interest to you
f) to send you information by post or email. You can contact us at any time in writing or by email and on 30 days’ notice at your request we shall stop marketing to you. We will not release your personal details to any company outside of the LABPRIVE.comgroup of companies except in a limited range of circumstances which we have detailed below. If you wish to unsubscribe from receiving promotional emails or direct mail from LABPRIVE.com, please send an email to email@example.com inserting ‘Unsubscribe’ as the subject. Please ensure that you also include the email address that you wish to be unsubscribed (if it is not the email address that you send the email from), your full name and your full postal address.
(h) We may share your personal information with any member of the LABPRIVE.com group of companies. We may share your information with selected third parties including (i) business partners, suppliers and sub-contractors for the performance of any contract we enter into with you (ii) advertisers and advertising networks that require the data to select and serve relevant adverts to you and others, (iii) analytics and search engine providers that assist us in the improvement and optimisation of our site, and (iv) credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
(i) Your personal information may be passed to third parties in the following instances: (i) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, (ii) if LABPRIVE.com or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets, (iii) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms and other agreements, or (iv) to protect the rights, property, or safety of LABPRIVE.com, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
j) Your personal information may be used by Customer Care to enable us to process your order, or if any further information is required.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
We take great care with respect to the storage and usage of your personal data. We have strict procedures and security in place to try to avoid any unauthorised access.
You are responsible for maintaining the confidentiality of your LABPRIVE.com account and personal information. You agree to notify us as soon as is feasible of any suspicious or fraudulent use of your LABPRIVE.com account. We reserve the right to lock, suspend or cancel your account if we detect or believe there is or has been suspicious or fraudulent activity on your account. Where feasible, we will endeavour to inform you by email. If you are using a shared computer to access your LABPRIVE.comaccount, please ensure that you sign out at the end of your visit.
18. USING AND SUBMITTING ON THE STYLE SOCIAL
By uploading your photo or submitting it using one of the listed hashtags on Twitter or Instagram, you acknowledge that it may be selected for display in the gallery on the Website. LABPRIVE.com will select photos at its absolute discretion. For the avoidance of doubt, LABPRIVE.com is under no obligation to use any photos submitted.
By uploading your photo you retain your rights in that photo. By submitting a photo you hereby grant to LABPRIVE.com a perpetual irrevocable, worldwide, non-exclusive, royalty-free, assignable, sublicenseable licence to use, edit, alter, reproduce, translate, publish and/or distribute the photos and/or incorporate it in other works on the LABPRIVE.com Websites, apps, emails and social-media channels, or in other products or services available through the Websites (the Websites and the products and services collectively referred to as the “Services”) for publicity purposes and in advertising, marketing and/or promotional material without additional compensation or prior notice using any and all media or distribution methods (now known or later developed). We also reserve the right to display any Submission, as well as your name, Instagram, or Twitter handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works without further notice or compensation to you.
You understand that this licence means your photo may be made available by LABPRIVE.com worldwide on the Services and that other users of the Services (individuals and companies) can also share and make your photos available on social media platforms or other services. More particularly, a user can share a photo directly from the gallery on Pinterest, Twitter and Facebook. LABPRIVE.com shall retain the rights granted in each submission even if the submission is disqualified or fails to meet the submission requirements. If you do not want to grant the permissions set out above, then please do not submit or share your photos.
By submitting your photos you warrant and represent that you have the right to grant the licence described above. In particular, you promise that you have obtained the permission of all the people featured in the photo (and, if they are under 18, their parents and/or guardians as well) to allow LABPRIVE.com and other users of the Services to use the photos. To the extent permitted by law, you also agree to waive your moral rights in relation to any photos submitted.