Terms & Conditions

We are OH MY CREAM Limited.  Our company number is 13270680 and our registered office is at Becket House, 1 Lambeth Palace Road, London SE1 7EU.  Our VAT number is GB377578926000.

These are the terms and conditions on which we sell our products to you via our website, https://ohmycream.co.uk.  We may update these terms at any time. The terms and conditions that apply to your order are the terms that are displayed at the time of your order.  Our unique ID for Packaging (from the article R.541-173 of the Environment Code) is FR217499_01GDKR. 

You can contact our customer service team on hello@ohmycream.com.  If we have to contact you, we will use the contact details you provide in your order.

The Site is accessible in French and English. The french version prevail over English version if there is any contradiction.

 

Article 1 : Definitions 

Customer: refers to any user who purchases a Product or pays for a Treatment via the Site and/or who has a personal account on the Site and is legally capable of committing to these General Terms and Conditions of Use and Sale.

Order: refers to the process whereby the Customer selects the Products or Treatments that they wish to purchase and have delivered to them. An Order is finalised when the Customer has selected the Products or Treatments and has paid the amount due. 

Contract: means these General Terms and Conditions and any special conditions applicable to certain promotional operations. Since that, the Customer waives the right to rely on any contradictory document that may conflict with the Contract, and which may consequently not be enforced against OH MY CREAM.

Parties: refers jointly to OH MY CREAM, the Users of the Site and the Customers.

Product(s): refers to the product(s) available for sale on the Site.

Treatment(s): refers to the treatment(s) offered by OH MY CREAM.

 

Article 2: Buyer's capacity

Customer purchasing on the Site declare that they are legally capable of entering into commitments under these general terms and conditions.

Article 3: Prices

All prices shown on the Site include all taxes. Product prices are indicated in pounds. OH MY CREAM Limited reserves the right to modify its prices without notice and the prices applied to the Customer correspond to those displayed on the Site at the time of the order. The goods remain the full property of OH MY CREAM until receipt of the total sum due paid by the Customer.

Article 4: Item’s presentation

OH MY CREAM endeavors to present and describe its products in the most precise and accurate manner possible.

Article 5: Users' reviews on OH MY CREAM Products and Treatments

Users and Customers undertake to respect the rules of public order and good morals standards and to show restraint when writing and publishing reviews or comments on the Site. They also undertake to leave opinions only on Products purchased and used and on Treatments performed.  

In particular, it is forbidden to post an opinion or comment on the Site: 

• that are not related to the use of the Product or the treatment room experience;
• left after using a sample;
• left as a result of the use of a product not purchased at OH MY CREAM;
• of a defamatory nature;
• contrary to public order and morality;
• contrary to these General Terms and Conditions;
• containing personal data.

Article 6: Order

Your order is not accepted until we have emailed you to tell you that it is accepted.  

If we are unable to fulfill your order due to stock levels, we will tell you in writing and allow you to choose whether to wait for the product to be re-stocked, to pick an alternative product or to cancel your order.  We might have to cancel an order because of unexpected limits on our resources which we could not reasonably plan for or if you are in breach of these terms.  In these circumstances we will not charge you for the order, or, if we have already taken payment, we will refund you for the order.  

We cannot make any changes to your order once you have submitted it. 

Sales made through this website are for consumers only. If you are a business or trade buyer, please contact hello@ohmycream.com for more information.

Before we can dispatch your order, we may need to confirm your details with your card issuer. In some cases, payments are taken by the card issuer and held in a secure account until these checks are completed. If this is the case, we will contact you to confirm your details and let you know the next steps relating to your order. We will do our best to keep any delay to a minimum.

Article 7: Delivery in United Kingdom

Delivery dates and times are estimates only and may be delayed during busy periods, or for other reasons beyond our reasonable control that affect shipping times.

We aim to dispatch all orders placed and accepted before 2 pm UK time Monday - Friday on the same day.  For orders placed on Saturday or Sunday, we aim to dispatch on the following Monday, and for orders placed on public holidays we aim to dispatch the next working day.

Delivery options will be displayed at the time of your order and are set out below:
> Standard delivery (estimated 2-3 days) with Evri:
- £5 for orders up to £29.99
- Free for orders over £30

> For Express delivery (estimated 1 day) with Royal Mail:
- £7 for orders up to £149.99
- Free for orders over £150

Article 8: Payment

A. The different payment methods

Once the Customer proceeds his/her order, he/she accepts all of the General Terms and Conditions. The Customer pays on the www.ohmycream.com website:

• by credit card (CB, Visa or Mastercard)
• by Paypal
• by Shop Pay
• by Apple Pay
• by Google Pay
• by voucher.

B. 3D secure payment

Your order may be subject to 3D Secure verification. 3D Secure is an authentication-based payment system that guarantees optimum security for your online purchases. During payment, your bank checks the identity of the cardholder before validating the transaction.

How 3D Secure verification works:
Once you have validated your bank details, you will be transferred to your bank's website In the 3D Secure window that appears, the authentication procedure to be followed is specific to each bank. You may be asked to:
Enter your date of
- Enter a code received by SMS
- Or answer a personal question.
 This exchange of information between you and your bank is secure. It guarantees the identity of the card user. If you have any questions about your 3D Secure code (obtaining, losing, changing, etc.), please contact your bank directly. WARNING: After 3 failed authentication attempts, your transaction will be cancelled. Your card will be blocked. Please contact your bank.

C. Verification of payments

In order to protect itself against certain abusive practices on the part of fraudsters, OH MY CREAM checks the orders that have been validated on its site. As part of this control, our customer service department may ask you for certain documents useful for validating your order and in particular proof of address in your name, or in the name of the person indicated for the delivery address, etc.

Article 9: Secure payment - Protection of bank transactions

OH MY CREAM entrusts the security of its transactions to Shopify Payments. Payment is secure thanks to our partner Shopify Payments' online payment system. Bank details only circulate on the Internet in encrypted form, i.e. they are coded in such a way as to make them totally illegible and are therefore never kept by OH MY CREAM.

Article 10: Respect for privacy

All personal data communicated by the Customer on the www.ohmycream.co.uk website is processed by computer for the purpose of processing and delivering orders, choosing the samples offered and suggesting products adapted to the Customer's needs. This data is exclusively reserved for OH MY CREAM.

For information on the processing of your personal data: Our Privacy Policy.

Article 11: Returns and exchanges

11.1 Purchases on the Site 

We cannot accept returns of any products that are sealed for hygiene purposes where that seal is broken, unless the products are faulty in some way. Proof of purchase is required.

For any other products, if you change your mind and wish to withdraw from the contract, you can do so by notifying us of your intention to withdraw within 14 days from the date on which you receive your products, or the last products in your order if there is more than 1 delivery.

You can notify us of your intention to withdraw by emailing us at hello@ohmycream.com. You may, but do not need to, use the model withdrawal form shown below:

For the attention of OH MY CREAM, 243 Westbourne Grove London W11 2SE, London and contact hello@ohmycream.com:

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:

After you have notified us of your intention to withdraw, you must return the products to us as soon as possible, but must always send them off within 14 days of the date on which you notified us of your intention to withdraw. You must return the products in the same condition that you received them, with all original packaging. We reserve the right to make deductions from your refund for products which are not returned in a resalable condition.

The return address is as follows:

Orders placed before the 7th of April: 
Oh My Cream 
243 Westbourne Grove 
London, W11 2SE 

Orders placed from the 8th of April: 
Active Ants UK Ltd
Unit 1
26 Liliput Road
Brackmills Industrial Estate
Northampton
NN4 7DT

We will refund you either within 14 days of:

• our receipt of the goods from you, or
• the date on which you notified us that you want to withdraw from the contract, if you can provide us with evidence that you have sent the goods back to us.

We will refund you the price of the products, plus the cheapest available delivery costs (for example, if you choose express delivery we will refund you the standard delivery cost).

If your order contained a free gift, this will need to be returned (unused) along with the rest of your order to receive a refund for the whole order.

We will refund you via your original payment method.

If there is something wrong with the products

If you think there is something wrong with your product, you must either bring it into one of our stores or contact our customer service team on hello@ohmycream.com. We recommend taking photographs of products that you think are damaged or faulty to support your claim.

We must provide you with products that are as described to you on our website, are in accordance with these terms and that meet all of the requirements imposed by law.

The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get a refund.
  
• Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. 
  

11.2 In-store purchases OH MY CREAM

Product refunds are not available in OH MY CREAM stores. Therefore, when the Customer makes a purchase in an OH MY CREAM boutique, he/she cannot obtain a refund for the products purchased.

In the shop, the Customer has a period of fourteen days in which to make an exchange of equal or greater value than the product initially purchased, or to obtain a credit note in the form of a gift card valid for 1 year.

Article 12: Gift cards

12.1 Gift cards Amount

Amount Gift Cards purchased on the Site or in boutiques can be used for 1 year on all products offered on the Site and in our stores, on presentation of the code / QR code received by e-mail (for any Gift Card purchased on the Site) or on presentation of the code / QR code present on the paper gift card issued by the store (for any Gift Card purchased in a store). 

Promotional codes are not applicable to the purchase of an Amount Gift Card. 

Paying for your Order with an Amount Gift Card: Amount Gift Cards cannot be combined with one another (for example, it is not possible to combine two Gift Cards for a single Order). A Gift Amount Card cannot be used to purchase another Gift Amount Card or a Treatment Gift Card. 

Gift Cards cannot be exchanged or refunded, even partially, for any reason whatsoever (including theft, loss, damage or expiry). The purchase of one or more Gift Card(s) Amount on the eshop and in stores does not entitle the purchaser to our Goodie Bag, even if the basket contains one or more products other than Gift Card(s).

12.2 Treatment gift cards

Treatment Gift Cards purchased on the Site or in store can be used for 1 year in our English OH MY CREAM stores. 

Promotional codes are not applicable to the purchase of a Treatment Gift Card. 

Please note that not all our stores offer the same treatments:

• LED’s are only available at Marylebone
  
• All Oh My Cream Skincare, Tata Harper et Dermalogica treatments are available in all of our english stores.

Gift Care Cards purchased on the Site can only be used in the United Kingdom. Gift Care Cards purchased in France or Belgium can only be used in our french and belgian stores.

If you would like to find out more about our range of treatments in our cabins, you can consult our treatment map. The service can only be delivered in the boutique on presentation of the code / QR code received by e-mail (for any gift card purchased on the website) or on presentation of the code / QR code present on the paper gift card delivered by the store (for any gift card purchased in the store). 

Article 13: Promotional codes

Promotional codes only apply to non-rebated base prices and do not apply to limited editions. 

Promotional codes cannot be combined with each other or with vouchers. 

Promotional codes are not applicable to the purchase of a Treatment Gift Card or an Amount Gift Card. 

Promotional codes may be used 1 time per Customer account unless opposite instruction by OH MY CREAM. 

These codes are not refundable when exchanging or returning one or more Products.

Article 14: Loyalty programme

14.1 Loyalty Programme’s purpose

The "OH MY CREAM Club" loyalty programme is the OH MY CREAM loyalty programme (hereinafter the "Loyalty Programme"). The OH MY CREAM Loyalty Programme is a programme designed to provide benefits to customers based on purchases made in stores or on the website www.ohmycream.co.uk (hereinafter the "Site").

The OH MY CREAM Loyalty Programme is dedicated to OH MY CREAM customers and gives access to vouchers from a certain amount spent at OH MY CREAM. OH MY CREAM customers who join the Loyalty Programme are hereinafter referred to as "Members" or "You".

Each pound spent inclusive of tax on the Site or in an OH MY CREAM store earns the Member 1 point (hereinafter "Point"). However, a payment by Gift Card is not considered as a pound spent and will therefore not be taken into account as an OH MY CREAM Loyalty Point.

The OH MY CREAM Loyalty Programme is omnichannel, i.e. Points are accumulated for any order on the OH MY CREAM website or in store, provided that you are logged in to your customer account on the Site or give your email address in store. For more information, please consult the Loyalty Programme Q&A.

The above information concerns only our Site and our English stores.

14.2. Eligibility

Only natural persons who are OH MY CREAM customers are eligible for the OH MY CREAM Loyalty Programme. It may not be used by companies or individuals for commercial purposes.

Members undertake to comply with the OH MY CREAM General Terms and Conditions and to behave fairly towards OH MY CREAM.

To be part of the OH MY CREAM Loyalty Programme, a customer must have an OH MY CREAM account and subscribed to our newsletter.

14.3. Operation of Points

Every pound spent (incl. VAT) on the site or in shop earns you 1 Point (excluding Gift Card payments).

The Customer can also obtain 10 points per review left on the products purchased subject to validation of his/her email (within the limit of one review per hour, the Customer will have the possibility of leaving several reviews but will only obtain these 10 points once per hour). OH MY CREAM reserves the right to delete your review if it corresponds to one of the following cases (and consequently your points will be deducted):

• reviews not related to the use of the product or cabin experience;
• reviews left following the use of a sample
• reviews left following the use of a product not purchased from OH MY CREAM;
• defamatory notices;
• reviews contrary to public order and morality;
• reviews contrary to these General Terms and Conditions;
• reviews containing personal data.

If the Customer has entered his/her birthday on the "OH MY CREAM Club" Page of his/her Customer Account, 100 points will be credited to him/her on said date.

There are different voucher amounts depending on the number of pounds spent, corresponding to the amounts below:

• 10 for 250 points
• 20 for 500 points
• 40 for 1,000 points

In order to benefit from these vouchers, the Customer must generate the vouchers in the "OH MY CREAM Club" section of the Customer Account or request them in shop.

From the date your vouchers are created, they are valid for three (3) months.

The generation of a voucher is irreversible and cannot be cancelled. Consequently, points cannot be re-credited and the voucher cannot be cancelled. 

These vouchers are not refundable in the event of an exchange or return of one or more Products.

Points are nominative, personal and reserved for private individuals (OH MY CREAM customers) for their own, non-professional use. They may not be transferred, passed on to a third party, exchanged for money or resold.

For more information, please consult the Loyalty Programme Q&A.

Period of validity of Points: Points are valid for 12 months from the date they are created. Points are rounded down to the nearest pound and take into account the amount of purchases paid by the Member, net of discounts.

Cancellation of Points: Points relating to a purchase that has been refunded or returned will be cancelled and deducted from the Member's account. If an item purchased is refunded, the corresponding Points will automatically be cancelled. Thus, any Points unduly collected by the Member will be automatically debited from his/her account by OH MY CREAM.

14.4. Personal data

By participating in the OH MY CREAM Loyalty Programme, Customers acknowledge that some of their personal data will be transmitted to OH MY CREAM in order to enable them to join this Loyalty Programme and to benefit from the advantages of the Loyalty Programme. As such, all personal data collected, processed and used within the framework of the OH MY CREAM Loyalty Programme will be used in accordance with the OH MY CREAM Privacy Policy.

14.5. All rights reserved to OH MY CREAM

OH MY CREAM also reserves the right to send personalised offers based on your points. OH MY CREAM reserves the right to modify or suspend the OH MY CREAM Loyalty Programme. Thus, the OH MY CREAM Loyalty Programme may be suspended, modified or deleted in whole or in part without prior notice. OH MY CREAM may in particular modify its Points scale at any time. No modification, including the cancellation of the OH MY CREAM Loyalty Programme, will entitle the Member to compensation.

In the event of the OH MY CREAM Loyalty Programme being definitively discontinued or completely overhauled, resulting in the loss of valid benefits and/or Points accumulated, Members will be informed by email and will not be entitled to claim compensation.

Furthermore, OH MY CREAM cannot guarantee that the advantages and/or Points accumulated but not used will be reused in any form whatsoever in the context of a development of the Programme.

OH MY CREAM reserves the right not to contact Members who are not active in the Loyalty Programme (i.e. those who have not made a purchase for more than 12 months) to inform them of any changes to the programme or of the loss of their Points.

No modification, change or cancellation of the Loyalty Programme will entitle the Member to compensation.

The Member may not claim any compensation, in particular in the following cases:

• in the event of fraud, attempted fraud or theft by the Member in the shop and/or on the OH MY CREAM website,
• in the event of inappropriate use or misappropriation of the OH MY CREAM Loyalty Programme,
• an abnormally high number of transactions on the same day and/or over several days,
• in the event of a payment incident that is not rectified within one month of OH MY CREAM's reminder, and more generally, in the event of failure to comply with the provisions of OH MY CREAM's General Terms and Conditions.

14.6. OH MY CREAM liabilities

OH MY CREAM is exempt from all liability for the direct or indirect consequences of any anomalies or malfunctions in the Loyalty Programme, whatever their causes. OH MY CREAM will nevertheless make its best efforts to ensure that the Member retains the benefit of his Points accumulation. OH MY CREAM may not be held liable in particular if the non-performance or poor performance of its obligations is attributable to the Member or to a case of force majeure.

Article 15: Intellectual property

All the elements present on the www.ohmycream.co.uk website, whether visual, textual or audio, are the exclusive property of OH MY CREAM, or of the holder of the intellectual property rights concerned, and as such are protected by the intellectual property code and copyright. As such, any reproduction of the OH MY CREAM brand or the www.ohmycream.co.uk website, in whole or in part, is strictly prohibited.

You may set up links to our Site provided that you do so fairly and that this does not in any way damage our reputation or take advantage of our renown. You may not, however, establish such a link in such a way as to suggest any form of association where none exists. Furthermore, it is strictly forbidden to set up a link to our Site on a website that does not belong to you. We reserve the right to remove links without notice.

Article 16: Limitation of liability

OH MY CREAM shall not be liable to third parties in the event of indirect damage, special damage or incidents resulting from negligence, failure or clumsiness on the part of the Customer, or resulting from misuse by the Customer of any of the products offered for sale on the www.ohmycream.co.uk website. Regarding access to the Site, consultation of the Site, the order process, payment, delivery and service, OH MY CREAM has only an obligation of means. OH MY CREAM shall not be held liable for any inconvenience or damage inherent in the Internet network, in particular any disruption of the connection or any intrusion of a computer virus. Furthermore, OH MY CREAM shall not be held liable for any event qualified as force majeure. Finally, the liability of OH MY CREAM is limited to the amount of the Customer's order.

Article 17: Disputes - Complaints - Information

If you have a question, complaint or need information relating to the conditions of online sale set up by OH MY CREAM, please contact Customer Service by e-mail at the following address:hello@ohmycream.com.

Article 18: Applicable Law

These terms and conditions are governed and shall be interpreted in accordance with the laws of England and Wales, and any disputes arising out of them shall be subject to the jurisdiction of the Courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Article 19 : Terms and conditions of Use and Sale modification

If one or more provisions of these Terms and Conditions of Use and Sale are deemed illegal or null, this nullity will not result in the nullification of the other provisions of these T&Cs. OH MY CREAM reserves the right to adapt or modify these T&Cs at any time and without prior notice, with the adaptations or modifications being applicable to any Order placed after these changes.

OH MY CREAM will inform customers of any substantial modification to the T&Cs through the method it deems most appropriate (email, updating of the new terms on the Site). To be informed of any such modifications, OH MY CREAM advises the Customer to regularly review the T&Cs of the Site. The Customer's order will be subject to the T&Cs in effect at the time of the Order."

Cookie Statement

Definition

A cookie is a small file of letters and numbers that OH MY CREAM (referred to below as “OH MY CREAM”, “we”, “us”, or “our”) may store on your browser or the hard drive of your computer or mobile device when you visit our website  (referred to below as the “Site”). Cookies contain information that is transferred to the hard drive of your computer or mobile device. 

To find out more about cookies, see: www.allaboutcookies.org.

Cookies on this site

Our Site uses cookies and other similar technologies (referred to together as “cookies” in this policy) for different functions. They allow us to distinguish you from other users. They allow you to navigate between pages efficiently, remember your preferences and generally improve your experience on the Site. They also help make online advertisements more relevant to you and your interests.

The cookies used on this Site can be classified into four categories: (1) essential cookies; (2) analytics cookies; (3) functional cookies; and (4) marketing cookies. You will find below the description of each of these types of cookies.

Essential cookies: these cookies are essential for the operation of the Site. For example, cookies that help ensure that the content of a page loads quickly and effectively, or cookies that remember what you have added to your online basket to allow you to check out.

Analytics cookies: these cookies analyse or predict an individual’s preferences or behaviour. For example, by monitoring a user’s movements around our Site.

Functional cookies: these cookies are important for our Site to operate, although not strictly necessary. For example, a cookie that remembers a user’s customised language settings.

Marketing cookies: these cookies track and profile users for direct marketing and advertising. For example, a cookie that tracks someone from our Site across to a social media website (such as Facebook) and shows adverts on that user’s social media page relating to our website.

Commercial function: These cookies are generally placed by advertising networks - in the case of OH MY CREAM mainly by Facebook or  - which record what you have consulted on the Site and share this information with other organizations, in particular advertisers . This allows online advertisements to be more tailored to you and your interests. Although these cookies may track your visits to websites, they generally do not know who you are. Without these cookies, online advertisements will be less relevant to your interests.

Cookies can be first party (set by the website that the user is visiting) or third party (set by a domain other than the one the user is visiting). They can also be session (last for the duration of a session on the website) or persistent (continue once that session has ended).

For more information about how to change your cookie preferences, please see below.

First Party Cookies

The table below explains the first party cookies we use and why.