Terms & Conditions

Terms & Conditions OMC


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.

Products


We try to present and describe our products as accurately as possible, however a product or its packaging may vary slightly from the product shown on your device or in our marketing.

Orders


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.

Price and payment


Our prices are inclusive of all taxes. The prices of the products are indicated in pounds sterling. We accept payment via all major credit and debit cards. 

We may modify our prices without notice, but the price that applies to your order will always be that which was displayed at the time of your order.  You will own the goods once we have received payment in full from you.

Delivery


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 1-3 days) with DPD:
    • £5 for orders up to £59.99
    • Free for orders over £60 

Promotional codes


Promotional codes only apply to full price products, and cannot be used in conjunction with any other codes, offers or gift cards or limited editions.

Gift cards


A. Gift Cards
Gift cards purchased on our website or in our stores are valid for 1 year from the date of purchase. They can be used on all products offered on our website ohmycream.co.uk as well as in all of our UK stores. To redeem the gift card, you must present the code or the QR code received by email or on a physical gift card . Gift cards can be combined with promotional codes (Goodie Bag offer type), but cannot be combined with each other. Gift cards can only be redeemed against products, and cannot be exchanged or refunded. 

B. Treatment Gift Cards
Treatment Gift Cards purchased on our website or in our stores are valid for 1 year from the date of purchase to be used on a treatment in one of our Oh My Cream UK stores. Please note that not all our stores offer the same treatments. If you want to know more about our treatment room offering, please consult the relevant store. Treatments are subject to their own terms and conditions which will be available to you at the point of booking.

Loyalty program


A. Object

Le club Oh My Cream is the Oh My Cream loyalty program (hereinafter referred to as the "Loyalty Program"). The Oh My Cream Loyalty Program is a program designed to provide customers with benefits based on purchases made in stores or on the www.ohmycream.com website (hereinafter the "Website").

The Oh My Cream Loyalty Program is dedicated to Oh My Cream customers and gives access to vouchers above a certain amount spent at Oh My Cream. Oh My Cream customers who join the Loyalty Program are hereinafter referred to as "Members" or "You".

Each pound spent on the Website or in an Oh My Cream store earns 1 point (hereinafter referred to as a "Point"). However, a payment by gift card is not considered as a pound spent and will not be taken into account as a point.

Points are accumulated for all orders placed on the Oh My Cream website or in store, as long as the Member is logged into his/her customer account on the Website or gives his/her email address in store. For more information, please consult the Q&A Loyalty Program.

B. Eligibility

Only physical persons, Oh My Cream's customers, are eligible for the Oh My Cream Loyalty Program. It may not be used by companies or individuals for commercial purposes.

Members commit to comply with the Oh My Cream General Terms and Conditions and actual Oh My Cream Loyalty Program General Terms and Conditions and to behave honest regarding Oh My Cream. To be part of the Loyalty Program, an Oh My Cream customer must have an Oh My Cream account and have subscribed to our newsletter.

C. Member benefits

Each pound spent on the website or in the boutique give you 1 Point (excluding gift card payments). To use their Points, Oh My Cream customers must have spent more than £250 (incl. VAT) in the 12 months prior to their last order in order to exchange them for a voucher, or must have acquired an equivalent number of points (by leaving reviews, for example) in the last 12 months.

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 1000 points

Points are nominative, personal and reserved for private individuals (Oh My Cream customers) for their own, non-professional use. They cannot be transferred, passed on to a third party, exchanged for money or resold. 

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

Points validity: Points are valid for 12 months from their creation date. The accumulation of Points is around the rounded down pound and takes into account the amount of purchases paid by the Member, net of discounts.

Points cancellation: Points relating to a purchase that has been refunded or returned will be cancelled and deducted from the Member's account. Regarding a refund of a purchased item, the corresponding Points will be automatically cancelled. Thus, any Points unduly collected by the Member will be automatically debited from his/her account by Oh My Cream.

D. Personal data

By joining the Oh My Cream Loyalty Program, customers acknowledge that some of their personal data will be sent to Oh My Cream in order to enable them to join this Loyalty Program and enjoy the benefits of it. As such, all personal data collected, processed and used within the scope of Oh My Cream Loyalty Program will be used in compliance with Oh My Cream's Privacy Policy.

D.  Rights reserved to Oh My Cream

Oh My Cream also reserves the right to make personalised offers based on your points. Oh My Cream reserves the right to amend or suspend the Oh My Cream Loyalty Program. The Oh My Cream Loyalty Program may be suspended, modified or canceled in whole or in part without notice. In particular, Oh My Cream may modify its Points scale at any time. No modification, including the cancellation of the Oh My Cream Loyalty Program, shall entitle the Member to compensation.

If the Oh My Cream Loyalty Program is permanently discontinued or completely canceled, and if the customer lost valid benefits and/or accumulated Points, Members will be informed by e-mail and will not be entitled to claim compensation. Furthermore, Oh My Cream cannot guarantee that unused benefits and/or accumulated Points will be reused in any form whatsoever in the context of an evolution of the Program. Oh My Cream reserves the right not to contact Members who are not active in the Loyalty Program (i.e. those who have not made a purchase for more than 12 months) to inform them of any changes to the program or of the loss of their Points. 

No evolution, change or cancellation of the Loyalty Program will entitle the Member to compensation. The Member is not entitled to any compensation whatsoever, in particular in the following cases: in the event of fraud, attempted fraud or theft by the Member in the store and/or on the Oh My Cream website, in the event of inappropriate use or misappropriation of the Oh My Cream Loyalty Program, in the event of an abnormally high number of transactions on a single shopping day and/or over several days, in the event of a payment incident that is not rectified within one month of a reminder from Oh My Cream, and more generally, in the event of failure to comply with the provisions of Oh My Cream's general terms and conditions of sale and these general terms and conditions of the Loyalty Program.

Changing your mind


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. Please return the items to the address : 243 Westbourne Grove London W11 2SE, London with the packing slip provided. 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.

Data Protection


Your personal data is handled in accordance with all applicable data protection laws and as set out in our Privacy Policy which can be found bellow
.

Intellectual property


All of the content on our website www.ohmycream.com and 
www.ohmycream.co.uk, whether visual, textual or sound, is the exclusive property of OH MY CREAM, or a group company. You cannot use any of this content without our prior permission.  Any unauthorised use or reproduction of the OH MY CREAM brand or of the www.ohmycream.com or co.uk site, in whole or in part, is strictly prohibited.

Our liability


We will be responsible for losses suffered by you as a result of us breaking this contract, unless that loss is unforeseeable, caused by something beyond our reasonable control, something that could have been avoided if you took reasonable action, or if it is a business loss. 

Contacting us


If you have a question, a complaint or need information relating to any of our products or these terms and conditions, please contact Customer Service by e-mail at the following address: hello@ohmycream.com.

General terms


This contract is between you and us – nobody else can enforce it or change it.  We can transfer this contract so that a different organisation is responsible for supplying your product, as long as we ensure this doesn’t negatively impact you and does not affect your rights under this contract.  You can only transfer your rights under this contract to someone else if we agree to it. 

If a court invalidates any part of this contract, then the rest of it will still apply. 

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.

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. 

Name and Type Purpose Cookie Duration

ESSENTIAL COOKIES

Shopify

Web browsers

Wistia

Shopify is set up to keep your added product to your cart.

Google / Safari (web browsers) is set up to save your passwords and log in information.

Wistia is set up to allow our videos to display correctly in our Blog or website.

180 days

ANALYTICS COOKIES

Google Analytics

Google Analytics is set up to allow us to analyse the statistics of our website and improve your user experience on our website.

180 days

FUNCTIONAL COOKIES

Hotjar

Target2sell

ABtasty

Hotjar is set up to record videos of anonymised users for us to be able to improve the experience on the website.

Target2sell is set up to display a personalised recommendation of products based on the user’s behaviour.

ABtasty is set up to test different versions of the website to improve the users experience on the website.

180 days

MARKETING COOKIES

Klaviyo

Klaviyo allows us to send the user personalised Marketing flows.

180 days

Third Party Cookies

Some of the cookies we use are set by third parties. We work with other companies, such as search engine providers, so that we can learn more about our customers, in order to understand performance and engagement, provide a personalised experience and deliver more relevant advertising. The table below further explains the third party cookies that are used on our Site and their purposes. 

To learn more about how these third parties process personal information, to the extent relevant, follow the links in the table below to the third party privacy notice.

Third Party Purpose Cookie Duration Link to third party privacy notice

MARKETING COOKIES

Bing

Facebook

Tiktok

Pinterest

Yahoo

Criteo

Allows us to show you personalised ads on third party medias (see left column)

180 days

Cookie Preferences

You can control which types of cookie are set by changing your preferences through our cookie banner when you first visit.

Cookies can also be controlled by your web browser settings. Whether our cookies are used will depend on your browser settings, so you are in control. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Site and you will not receive a personalised service.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please use the following links: 

Contact us


Questions, comments and requests regarding this policy should be addressed to hello@ohmycream.com
or by writing to us at OH MY CREAM, 243 Westbourne Grove London W11 2SE, London.