Terms and Conditions
Welcome to our website. Nurturing Spirit Ltd provides the services available on this website to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using this website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be legally bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions then you may not use our website.
1. Privacy Policy
Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to our website, so that you may understand our privacy practices.
2. About our website
Nurturing Spirit Ltd is the supplier of the goods and our registered address is Kingfisher Cottage, Mongers Lane, Barcombe, East Sussex. BN8 5BG. Company registration number: 6475472. Registered in England.
3. Eligibility
To be eligible to purchase goods on this website and to lawfully enter into and form contracts on this website under English law you must: (a) be aged 18 or older; and (b) provide correct contact details; and (c) be the holder of a valid debit/credit card.
4. Language
This contract shall be concluded in English.
5. Prices
All prices indicated for products available via the website are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery Policy section of the website.
6. Product Descriptions
We will take all reasonable care to ensure that all details, descriptions, images and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 8 below.
7. Purchase Related Policies
The products and services available on the website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof; you purchase or otherwise receive from us, unless you hold a legitimate, approved and current trade or retail account directly with us. Please note that samples are subject to availability.
We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
For additional policies related to orders placed through this website please follow these links. Delivery and Returns Policy. Privacy Policy.
8. Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the website. Details of the prices for the Products, and the procedures for payment and delivery are displayed on or through our website. The price of any Product is the price in force at the date and time of your order.
You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from our website by clicking on the ‘Make Purchase’ button at the end of the on-line order process. Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Colour Therapy or Nurturing Spirit Ltd. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation Conditions, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy. If you require any information regarding your order(s) please contact Customer Services on the following number (open 10am – 4.30pm, Monday to Friday) 0844 809 4590 or email customerservices@colourtherapy.uk.com.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
9. Payment
You must pay for the products by credit or debit card or via paypal at the time of the order, at which time you will be notified of the current price. You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
10. Title to Goods
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
11. Risk of Loss
Risk in the goods will pass to you upon delivery to you.
12. Delivery
We will deliver the goods in accordance with the Delivery Policy set out during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.
13. Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on the following number (open 10am – 4.30pm, Monday to Friday) 0844 809 4590 or email customerservices@colourtherapy.uk.com
14. Intellectual Property
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 (collectively, the “Content”) is the property of Nurturing Spirit Ltd and is protected by UK and international copyright laws. Neither the Content, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Any extraction from our website without the written consent of Nurturing Spirit Ltd in hard copy with original signature by a director of Nurturing Spirit Ltd is strictly prohibited.
15. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the website. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the website or any portion thereof (ii) modify or download the website or its contents (except caching or as necessary to view content); (iii) make any use of the website or its Content other than personal use; (iv) create any derivative work based upon either the website or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other “hidden text” utilising our name or the Trademarks; or (vii) 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. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to our website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may 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 unauthorised use by you of the website terminates the limited license set forth in this Section 9 without prejudice to any other remedy provided by applicable law.
16. Your Obligations and Responsibilities
In the access or use of the website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the websie. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Origins UK Online, our affiliates, partners or licensors.
17. Information you Provide
You 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. See our Privacy Policy regarding the treatment of your personal information.
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Service on the following number (open 10am – 4.30pm, Monday to Friday) 0844 809 4590 or email customerservices@colourtherapy.uk.com.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.
You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors. If you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you. All such information collected by us shall be referred to in these Terms and Conditions as ‘Personal Information’;
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.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Nurturing Spirit Ltd’s best interests to do so.
18. 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. 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 and conditions. You should carefully review the terms and conditions and privacy policies of all off-websites pages and other websites that you visit.
19. Submissions
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. 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 e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
20. Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE VALUE OF THE GOODS ORDERED WHCHEVER IS GREATER. 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 APPLICABLE LAW.
21. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
22. Complaints
If you wish to complain about any matter in respect of the goods please contact Customer Service on the following number (open 10am – 4.30pm, Monday to Friday) 0844 809 4590 or email customerservices@colourtherapy.uk.com.
23. Disputes
Your use of this Website and any purchase by you of any goods from this website shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
24. Applicability of Online Materials
We have used our best endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK.
Nurturing Spirit Ltd makes no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Nurturing Spirit Ltd accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
25. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 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 Conditions 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 and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please contact us.