It is your responsibility to read these Terms (as defined below) on each occasion you use the Website. Your continued use of this Website shall signify your acceptance to be bound by the latest Terms which we may amend from time to time.
If there is anything in these Terms that you do not understand, please contact us at email@example.com or on +44 (0) 1252 352 230 during the hours of 9am - 5.30pm (GMT), calls will be charged at local/national rate.
We take reasonable steps in the preparation and maintenance of this Website to ensure that all prices quoted are correct at the time when they are published, and that the descriptions of our products and any claims we make with respect to our services are fair and accurate. We do, however, reserve the right to decline any order where there has clearly been a material error, or where there is an inaccuracy or omission in the price and/or description of any of our products and/or services as displayed or advertised on the Website (and we hereby exclude all liability arising from the same).
We have made every reasonable effort to reproduce colours on the Website as accurately as possible. However, different computers reproduce colours slightly differently and we therefore cannot and do not guarantee that the on-screen colours of any of our products will exactly match the colour of the product itself. You are advised, therefore, to treat on-screen colours as being indicative only of the actual colour of our products.
We cannot and do not guarantee that the information on this Website will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we hereby disclaim all warranties, express or implied, as to the accuracy of the information contained on this Website.
We will not be liable, whether in contract, tort (including, without limitation, negligence), for pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Terms for any: Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; special or indirect losses suffered; or losses arising out of or in connection with the provisions of any matter under these Terms.
Certain (hypertext) links on the Website may lead to sites operated by third parties which are not under our control. When you activate any such links you will leave the Website. These links are provided for your convenience only. We therefore accept no responsibility or liability whatsoever for any of the content, products and/or services (including any hypertext links to further websites) that may be included, advertised or sold on such third party websites.
You acknowledge that we do not review or endorse any claims, products and/or services contained on or described on such third party websites. Nor are we responsible (whether directly or indirectly) for any damage, loss or offence you may suffer as a result of accessing such third party websites. Your dealings with, and interest in, any promotions or services found via such links are solely between you and the third party with whom you are dealing, unless we expressly state otherwise.
We may make software owned or operated by third-party companies available to you via the Website. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.
You confirm that the personal details you provide when registering as a customer are complete, accurate and up-to-date. Should your personal details change, please notify us by contacting firstname.lastname@example.org. Account details may also be updated on the Website when signed in to your ESPA account.
Cyber Security & Damage to your computer
While ESPA makes every effort to ensure that this Website is free from any viruses or defects, we cannot guarantee that this Website, or any websites accessed by links from this Website, will not cause damage to your computer. It is your responsibility to ensure that your computer contains the necessary software to protect it from such damage. ESPA shall not be liable to you for any loss or damage to any computer or data occurring as a result of using this Website or any websites accessed by links from this Website.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
ESPA takes steps to safeguard the security of information you send to us via this Website by using internet standard encryption technologies (Secure Socket Layer or SSL) to provide a secure environment where appropriate. However, we accept no responsibility for any damage you may suffer as a result of the loss of confidentiality of such information.
Exclusion of Liability
Nothing in these Terms shall operate to exclude or limit the liability of ESPA for death or personal injury caused by negligence, or for fraudulent misrepresentation of ESPA or any of its employees or agents.
ESPA reserves the right to modify or withdraw (temporarily or otherwise) this Website or modify these Terms from time to time without giving you prior notice. We do not guarantee that this Website, or any content of it, will always be available or uninterrupted.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
All brand names, product and service names and titles used in this Website are trade marks, trade names or service marks of ESPA or our third party suppliers. No permission is given by ESPA for their use by any other person other than ESPA or its licensors. You may view the Website and place orders via the Website but accept that any other use may constitute an infringement of the holders rights.
All designs, texts, graphics, photos and their selection and arrangement on this Website are the copyright of ESPA or its licensors. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
Permission is granted to you to copy electronically or print portions of this Website for your own personal, non-commercial use only. Any other use of the materials included on this Website without ESPA's prior written consent is strictly prohibited and will cause your right to use this Website to cease immediately.
Please note the following:
Any failure or delay by either ESPA or yourself to bring legal proceedings in relation to this Website, the Terms and/or any of our products or services, shall not be regarded as a waiver of any rights. Any waiver in respect of one act or omission shall not operate as a waiver in respect of future acts or omissions.
These Terms are not intended, nor shall they operate, to create a partnership or joint venture of any kind between ESPA and you, and nor are you authorised to act as our agent.
In relation to the contract between ESPA and you, no other party shall be entitled to exercise any rights contained in it and the provisions of the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.
You may serve any formal notice on ESPA, and ESPA may serve a formal notice on you, by either first class post or email only, and it will be regarded as formally received by the other on the next day.
These Terms shall be governed by and construed in accordance with English law and any dispute or matter arising out of or in connection with these Terms shall be referred to the exclusive jurisdiction of the Courts of England and Wales. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Terms of Sale
Offer and Acceptance
The information available on our Website does not amount to a binding offer to sell the products described. No contract exists between us for the sale of any products until the products are dispatched to you by us. Once dispatched, a binding contract is created, which contract is subject to your rights of cancellation as described below. ESPA reserves the right, at any time after receipt of your order, to accept or decline it in whole or in part, even after receipt of an order confirmation or after payment has been made (subject to full refunds being processed as soon as practicable).
Product Information and Availability
Products are subject to availability and from time to time may be discontinued. It we are unable to supply a product we will inform you as soon as possible, and refund you for any sum paid by you.
Please refer to "Returns/Cancellations" for information about our returns policy, and your right to cancel an order.
When you purchase products and services from our Website we will collect the following information:
Your email address;
Your telephone number;
Your credit/debit card address;
Your delivery address (if different);
Your customer password;
Credit/debit card type;
Credit/debit card number, expiry date, issue number and other related details; and
Details of the products or services which you use and/or purchase .
You must treat your log-in details and password as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
How we use your customer information
When you provide us with the above information, it may be used for a number of different purposes, which are listed below:
Administration and customer orders: Some of the basic customer information you provide us with, such as your full name and billing/delivery addresses is necessary to enable us to provide a service to you and to ensure that any orders you place on the Website are delivered correctly.
To enable customer services: We ask for your contact details, such as your e-mail address and telephone number, to enable us to resolve any queries you may have about using the Website and to enable us to keep you informed on the status of your order.
Direct Marketing: During the customer registration process, you will be given an option to receive information from time to time about our products and services, such as e-mails advising you of new products, services and promotions. If you wish to opt in to receive these additional services, you will be asked for further information, such as your gender and age range, to ensure that the information we subsequently send is relevant to you.
To understand our customers’ needs: Any additional information that we request is intended to assist us in understanding our customers and their needs better. This is important to enable us to continue improving our service to you. We also learn about our customers by tracking their movements around the Website and collecting information about their buying habits. Individuals are not identified, but the results of customers’ shopping habits and preferences are analysed en masse. Please read the paragraph below about "cookies" for more information on this.
Please note, in the case of visitors to the Website who are not registered users, the information collected is anonymous and does not therefore enable us to identify you as an individual.
How long will we keep your information?
We will continue to keep and use your information for as long as you are registered as a customer of the Website. You may choose to cancel your registration at any time by contacting our customer services team on the CONTACT US section of the site. This will not erase your information from our database as your information is still required for the following reasons:
To ensure that any outstanding orders you have placed can be processed to completion; and
To enable us to contact you in the event of an emergency such as the urgent need to recall a product.
Otherwise, your information will not be accessed again and it will remain secure.
If you cancel your registration you will no longer be able to shop online or receive e-mails from us, although any outstanding orders you have placed will be processed as normal. Please note you cannot open a new customer account using the same email address as a previously closed customer account.
Updating your information
You can at any time, change and update the information you have provided to us, by logging into the site, visiting ‘My Account’ and selecting the edit details option.
What to do if you do not want to receive marketing information
You can choose not to receive marketing information. To opt-out of receiving information from ESPA you should un-tick the tick box provided on the customer information sheet or if you are already a registered customer, please go into My Account and untick the box in the 'Newsletter' section. Alternatively, send an email stating that you wish to unsubscribe to: firstname.lastname@example.org.
Is it safe to give ESPA International my personal information?
We have made every reasonable effort to ensure that we protect your personal information. ESPA has a Secure Server Digital Certificate in respect of the Website, which confirms that the Website is a legitimate website, which establishes an encrypted communication channel with you when you submit personal details, protecting any information you send.
ESPA reserves the right to pass on any customer information to third parties in order to assist in the prevention and detection of any fraud.
Disclosure of data to third parties
Your name, credit/debit card address, credit/debit card type and credit/debit card details will be disclosed to our payment processing service providers to validate your payment.
We need to share your personal information (name and address) within our group companies in order to fulfil your order. We will disclose your personal information to third parties: (a) in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets; (b) if ESPA 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; or (c) if we are under duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Terms, or any other agreements; or to protect the rights, property, or safety of ESPA, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud and credit risk reduction.]
For the exhaustive list of cookies we collect see the list below.
For independent information about cookies please visit www.direct.gov.uk/managingcookies.
List of cookies we collect
The table below lists the cookies we collect and what information they store.
Gift Card Terms and Conditions
The conditions of use as set out below, the Terms of Sale and any conditions on the reverse of the ESPA Gift Card shall apply to the issue and use of the ESPA Gift Card. Please read the ESPA Gift Card Terms and Conditions in full before using the ESPA Gift Card. These conditions of use may be altered from time to time where ESPA considers it reasonable.
Only one gift card per household/customer.
The Gift Card will expire on the date shown on the reverse of the Gift Card. After this date, the Gift Card will not be redeemable. However, ESPA reserve the right to remove or amend this promotion at any time.
The Gift Card can be redeemed at www.espaskincare.com in full or part payment for products purchased on this site. ESPA Gift Cards may only be redeemed in £ GBP. If the value of your order exceeds the value of your ESPA Gift Card, you will need to pay the balance using a valid credit or debit card.
ESPA Gift Cards can only be used for purchases made at www.espaskincare.com.
Shipping charges may apply to orders where an ESPA Gift Card is used. Delivery charges apply to all transactions of £39.99 and under after the gift card value has been applied.
ESPA Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, be used in conjunction with other offers or applied to any other account.
The ESPA Gift Card cannot be applied to orders already placed at www.espaskincare.com.
The redemption of ESPA Gift Cards is limited to one Gift Card per transaction. No change or credit will be given if the Gift Card value is greater than the purchase value.
ESPA reserves the right to refuse to accept a Gift Card in payment or part payment of any item where it reasonably suspects that the card may have been stolen or obtained in any other illegal way.
The ESPA Gift Card is not a cheque guarantee, credit, debit or charge card.
Gift cards may not be redeemed by employees of ESPA or anyone else connected with this offer including employees of any Spas or Stores where a Gift Card promotion has taken place.
By redeeming a gift card you agree to receive marketing communications from espaskincare.com.
The Gift Card cannot be used as full or part payment towards complimentary gifts or offers where a minimum spend is required.
ESPA reserves the right to cancel any order placed (including refunding any sums charged) where such order is identified as non-compliant with the Gift Card Terms and Conditions.
Lost or stolen cards
ESPA will not be responsible for lost, stolen or damaged Gift Cards. An ESPA Gift Card cannot be replaced if lost, stolen or damaged.
ESPA Gift Cards are non-refundable.
No refund shall be available for Products purchased using an ESPA Gift Card. Any Products returned must be exchanged for Product(s) of the same or greater value.
E-Gift Voucher Terms and Conditions
ESPA International E-Gift Vouchers are sold subject to the following terms and conditions:
- E-Gift Vouchers are valid for 2 years from date of purchase.
- E-Gift Vouchers can be redeemed against all products on the www.espaskincare.com International site.
- E-Gift Vouchers can only be redeemed on www.espaskincare.com and cannot be redeemed in stores or at a spa.
- E-Gift Vouchers are non-transferable and may not be returned or redeemed for cash.
- If your order total is less than the value of the E-Gift Voucher, the remaining balance will remain on the E-Gift Voucher to be redeemed against subsequent orders. You may check your E-Gift Voucher balance online via your My Account page.
- If your order exceeds the value of the E-Gift Voucher, the balances exceeding the value of your gift credit must be paid by credit or debit card.
- If you return products you have purchased using a E-Gift Voucher, the remaining balance will be credited back onto the initial E-Gift Voucher.
- Virtual E-Gift Vouchers will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the purchaser as confirmation of dispatch.
- ESPA International is not liable for delivery of a E-Gift Voucher to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
- ESPA International is not responsible if a E-Gift Voucher is lost, stolen, destroyed or used without permission.
- ESPA International reserves the right to cancel an E-Gift Voucher if we deem such action necessary. Promotion codes cannot be applied to the purchase of E-Gift Voucher.
- Sales tax and shipping is applicable on any products purchased with an ESPA International E-Gift Voucher.
- When you purchase, receive or redeem a E-Gift Voucher, you agree that the laws of England and Wales will govern these E-Gift Voucher terms and conditions. ESPA International reserves the right to change these terms and conditions from time to time in our discretion.