TERMS AND CONDITIONS OF TRADE FOR Natural by Nature Oils Ltd.
1.1 INTERPRETATION
"Customer" means any person whomsoever who orders Products online and engages Natural by Nature Oils Ltd to supply the Products online and shall include any officer, employee or agent of the Customer as the case may be;
“GMT” means Greenwich Mean Time;
"NBN" means Natural by Nature Oils Ltd;
“Force Majeure” means any, act of God, strike, lock out, war, act of terrorism, extra terrestrial influence, flood, lightening, fire, explosion, earthquake, civil commotion or riot;
"Products" means the supply to Customers by Natural by Nature Oils Ltd of aromatherpay and related items;
"these Terms" mean these terms and conditions.
1.2 The singular includes the plural and vice versa and any gender includes all genders.
1.3 The clause headings are inserted for ease of reference only and shall not affect the interpretation or construction of these Terms.
2. SCOPE OF THESE TERMS AND FORM OF AGREEMENT
2.1 These Terms shall prevail over any terms put forward by the Customer, unless Natural by Nature Oils Ltd expressly agrees to them in writing.
2.2 Natural by Nature Oils Ltd will not accept any amendments by the Customer to these Terms. Natural by Nature Oils Ltd may change these Terms from time to time without notice to the Customer. Changes will apply to any subsequent orders received.
2.3 The Customer shall not at any time whatsoever make use of or disclose for his own benefit or for or to or on behalf of any other person, firm or company, any confidential information which he now possesses or may posses relating to the business of Natural by Nature Oils Ltd or its affairs or of any suppliers, customers or other persons having dealings with Natural by Nature Oils Ltd and shall use his best endeavours to prevent the publication or disclosure of any such confidential information.
3A ORDERING OF PRODUCTS
3A.1 When placing an order for any Product, the Customer shall state, specifically, which Products the Customer desires to purchase and shall also at the same time confirm to Natural by Nature Oils Ltd, at their own risk, their home address, telephone number (including STD Code), delivery requirements and selected payment method including credit card details together with such other details that may be requested at that time from the Customer by Natural by Nature Oils Ltd.
3A.2 Any orders received by Natural by Nature Oils Ltd after 4.00 pm GMT shall be deemed by Natural by Nature Oils Ltd to be received the following day.
3A3 The Customer can check the status and progress of his order at any time by logging on to Natural by Nature Oils Ltd’s ‘your account’ section.
3A.4 All orders are made subject to acceptance by the Customer of these Terms.
3A.5 Fulfilment of any order for Products is subject to stock availability and acceptance by Natural by Nature Oils Ltd of the Customer’s order. Natural by Nature Oils Ltd is under no obligation to fulfill any Customer order.
3A.6 Natural by Nature Oils Ltd use the technology of secure socket layers which has the effect of encrypting (scrambling) details obtained from the Customer and to protect the Customer’s credit card details and any other Customer data which is imparted online to Natural by Nature Oils Ltd. Natural by Nature Oils Ltd shall use all reasonable endeavours to ensure compliance with the Data Protection legislation in force from time to time. Every reasonable effort will therefore be made by Natural by Nature Oils Ltd to keep details of a Customer’s order and payment details secure. For further details of our privacy policy, please refer to clause 15. For the avoidance of doubt, in the event the Customer suffers any financial loss as a consequence of providing credit card details and personal data online to Natural by Nature Oils Ltd, where such loss arises due to the fault of Natural by Nature Oils Ltd, Natural by Nature Oils Ltd shall indemnify the Customer for any such financial loss, subject to an upper limit of £1500 or such other figure as may be agreed between Natural by Nature Oils Ltd and the Customer.
3B DELIVERY OF THE PRODUCTS AND RISK
3B.1.1 When the Products are available for delivery, Natural by Nature Oils Ltd will give the Customer notice in accordance with these Terms and arrange for the Products to be delivered to the Customer pursuant to the Customer’s requirements as specified to Natural by Nature Oils Ltd in terms of Clause 3A.1.
3B.1.2 Risk as regards all loss or damage to the Products shall only pass to the Customer when Natural by Nature Oils Ltd has delivered the Products to the Customer.
3B.1.3 If the Products are lost or damaged due to any act, error, omission or neglect on the part of any carrier/courier, Natural by Nature Oils Ltd shall use its best endeavours to replace the Products with an identical item as soon as reasonably practicable on being notified of such loss or damage.
3B.1.4 Delivery is made worldwide and is subject to the delivery charges laid out on this website.
3B.2 The date and time for delivery of any Products in accordance with these Terms is not a contractual commitment, but an estimate only. Natural by Nature Oils Ltd shall deliver the Product within thirty days, unless Natural by Nature Oils Ltd and the Customer have agreed a longer delivery period. If Natural by Nature Oils Ltd cannot deliver the Product within the period of thirty days or such longer delivery period as may have been agreed, Natural by Nature Oils Ltd shall immediately notify the Customer and agree another time for delivery. If neither Natural by Nature Oils Ltd nor the Customer can agree on another time for delivery, Natural by Nature Oils Ltd shall offer the Customer a refund of any monies paid to Natural by Nature Oils Ltd for the Product.
3B.3.1 Products are not delivered on a trial basis. The Customer shall upon receipt of the Products inspect the Products and if the Products conform to the Customer’s contract specifications, the Customer, or if not aged 18 or over, an adult aged 18 or over shall sign the delivery note accepting the Products.
3B.3.2 If the Products do not conform to the Customer’s contract specifications, the Customer must notify Natural by Nature Oils Ltd of any shortages, defects in the Products or any other complaint in respect of them within twenty-eight working days from the date of receipt. If Natural by Nature Oils Ltd delivers less than the contract quantity, Natural by Nature Oils Ltd shall use their best endeavours to make good the shortfall to the Customer, subject to stock availability, within 48 hours or in the absence of such stock within seven to ten working days of being notified of the shortfall by the Customer, all at the cost of Natural by Nature Oils Ltd. If Natural by Nature Oils Ltd delivers more than the contract quantity, the Customer shall either accept and pay for the quantity actually delivered or accept the contract quantity and return the excess Products to Natural by Nature Oils Ltd forthwith upon demand by Natural by Nature Oils Ltd, all at the cost of Natural by Nature Oils Ltd. If any Products are proven to be defective and such defects are notified to Natural by Nature Oils Ltd within twenty eight working days the Product or part thereof shall be replaced by Natural by Nature Oils Ltd within three working days if stock is available or where a replacement is unavailable, the Customer shall be offered an equivalent but not identical piece of equipment, or Natural by Nature Oils Ltd shall offer the Customer a full refund, within thirty days, of the price paid for the Product.
3B.4.1 The Customer shall be entitled to cancel any order made with Natural by Nature Oils Ltd, for any reason, within seven working days from the day after receipt by the Customer of the Products. The Customer shall pay the cost of returning the Products. The Products must be returned in their original condition. For all Products returned in accordance with this Clause 3B.4.1, Natural by Nature Oils Ltd shall offer a full refund or, if preferred, an exchange of equal value.
3B.4.2 Notwithstanding the terms of Clause 3B.4.1, Natural by Nature Oils Ltd shall not accept the return of any sealed products which has been subsequently opened by the Customer unless such items have been proven faulty, in which case the provisions of Clause 3B.3.2 shall apply.
3B.5 Customers may, at the discretion of Natural by Nature Oils Ltd, be able to place an order for Products which are not yet available for delivery not earlier than six months prior to the date when such products are either due to be manufactured, or imported to the United Kingdom. The Customer shall not be required to pay for the Products until the Products are available to be delivered to the Customer.
4 PAYMENT OF PRICE
4.1.1 All prices quoted by Natural by Nature Oils Ltd to the Customer are in pounds sterling and shall be inclusive of Value Added Tax at the applicable rate from time to time, but exclusive of delivery charges, details of which may be obtained by the Customer on the Natural by Nature Oils Ltd website.
4.1.2 Natural by Nature Oils Ltd accepts, as a method of payment the following:-
Mastercard, Visa, Solo, Delta and Electron. Natural by Nature Oils Ltd also accepts cheques and direct bank transfer.
4.2 Save as agreed between Natural by Nature Oils Ltd and the Customer, the Customer will pay all sums due under these Terms in full before the Products are delivered to the Customer.
4.3 Prices are subject to change without notice.
4.4 The Customer’s obligations under the terms of Clause 4 shall not be satisfied until Natural by Nature Oils Ltd is in the receipt of cleared funds.
4.5 Unless as part of any scheme or arrangement operated by Natural by Nature Oils Ltd, Natural by Nature Oils Ltd shall not offer any Customer any discounts.
5. LIABILITIES
Any or all statements, recommendations, advice and opinions made or expressed, including any statements referred to or contained, in any Natural by Nature Oils Ltd website, email correspondence, on-line chat sessions, news groups, brochures, catalogues, correspondence and the like are made or expressed in good faith and on the basis of information available to Natural by Nature Oils Ltd at the time. No statement, recommendation, advice or opinion or any other communication whatsoever is deemed to be a representation, undertaking, warranty, guarantee or contractual obligation on the part of Natural by Nature Oils Ltd. Natural by Nature Oils Ltd will not be liable to compensate the Customer for any loss of anticipated profits, damage to the customer’s reputation or goodwill, loss of expected future business or any damages, costs or expenses incurred by third parties who are not customers. In addition, Natural by Nature Oils Ltd shall not be liable to the Customer in respect of any losses suffered by the Customer where such losses were not reasonably foreseeable to both Natural by Nature Oils Ltd and the Customer when the Contract was made and Natural by Nature Oils Ltd shall not be liable for any losses incurred by the Customer unless such loss was caused by any breach of these Terms or otherwise on the part of Natural by Nature Oils Ltd.
6. FORCE MAJEURE
"Force Majeure” means any, act of God, strike, lock out, war, act of terrorism, extra terrestrial influence, flood, lightening, fire, explosion, earthquake, civil commotion or riot;
6.1 If performance of Natural by Nature Oils Ltd's obligations are delayed or hindered by Force Majeure the following provisions shall apply:-
6.1.1 Natural by Nature Oils Ltd will as soon as reasonably practicable give the Customer notice of the reasons for the delay or hindrance. However, failure to give such notice will not prevent Natural by Nature Oils Ltd relying on the remaining provisions of this clause, and Natural by Nature Oils Ltd will incur no liability for failure to give such notice.
6.1.2 Natural by Nature Oils Ltd's duty to deliver the Products shall be suspended for as long as the circumstances amounting to Force Majeure continue, and the time for performance of Natural by Nature Oils Ltd's obligations shall be extended by a period equal to the duration of those circumstances.
7. ARBITRATION
Any question concerning the construction, meaning or effect of these Terms, or any dispute concerning the rights or liabilities of the parties under these Terms may, unless resolved between Natural by Nature Oils Ltd and the Customer, be referred to arbitration, which Natural by Nature Oils Ltd and the Customer acknowledge shall be governed by the Arbitration Act 1996. Any arbitration process will however be voluntary and the Customer shall not be forced to take part.
8. NOTICE
Any notice required to be given by any party hereto to the other shall be deemed validly served if served by:-
(a) prepaid registered letter post to the registered office and trading addresses of the recipient or such other address as may from time to time be notified in writing for this purpose; or
(b) personal delivery by hand; or
(c) by facsimile transmission;
(d) by electronic mail,
and in the case of service upon Natural by Nature Oils Ltd shall be marked "Private and Confidential" and for the attention of the Operations Manager. Any notice so served shall be deemed to have been served:-
(iii) in the case of (c) above upon transmission; or
(i) in the case of (a) above forty-eight hours after posting the same; or
(ii) in the case of (b) above upon delivery; or
(iv) in the case of (d) above within forty eight hours.
In proving service it shall be sufficient to prove that the notice was properly addressed and posted, or that delivery took place, or that the notice was faxed or emailed to the then correct facsimile number or email address of the party.
9. WAIVER
No waiver by any party of any of the requirements hereof or of any of their rights hereunder, shall be effective unless given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by any party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party nor shall any waiver by any party of any of the requirements hereof or any of its rights hereinafter release any other party from full performance of their obligations stated herein.
10. INTELLECTUAL PROPERTY
The Customer shall not be entitled to use or copy the trademarks, “Natural by Nature Oils Ltd” any other trade marks or trade names used by Natural by Nature Oils Ltd or copyright works or any other intellectual property either registered, owned or used by Natural by Nature Oils Ltd without the prior written consent of Natural by Nature Oils Ltd. The contents of Natural by Nature Oils Ltd website including all images, text and sounds thereon, unless otherwise specifically stated, are the exclusive intellectual property of Natural by Nature Oils Ltd.
11. APPLICABLE LAW
These Terms shall be construed and receive effect in accordance with the laws of the United Kingdom and Natural by Nature Oils Ltd and the Customer agree to prorogate the exclusive jurisdiction of the United Kingdom.
12. UNSOLICITED EMAILS
Natural by Nature Oils Ltd may contact it's customers occasionally regarding it's products and services. Contact shall be made infrequetly as laid out in the terms of usage policy. The customer reserves the right to cancel any such subscriptions. Natural by Nature Oils Ltd will also contact customers with regards to their order and delivery of the Products.
13. COMPLAINTS
All complaints received by Natural by Nature Oils Ltd shall be acknowledged within five working days and Natural by Nature Oils Ltd shall at the point of acknowledgement provide to the Customer a reasonable estimate of the timescale involved in handling and resolving any such complaint. Natural by Nature Oils Ltd shall keep the Customer informed as to the progress of his complaint.
14. Natural by Nature Oils Ltd PRIVACY POLICY
Natural by Nature Oils Ltd are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and according to the Which? Web Trader Code of Practice.
Natural by Nature Oils Ltd collect information about you for 2 reasons: firstly, to process your order and secondly, to provide you with the best possible service.
Save to advise you on the progress of your order and its delivery, Natural by Nature Oils Ltd will not email you in the future unless you have given us your consent.
Natural by Nature Oils Ltd will give you the chance to refuse any marketing email from them or from another trader in the future.
The type of information Natural by Nature Oils Ltd will collect about you includes:
your name
date of birth
address
phone number
email address
credit/debit card details
Natural by Nature Oils Ltd will never collect sensitive information about you without your explicit consent.
You can check the information that Natural by Nature Oils Ltd hold about you by emailing us. If you find any inaccuracies Natural by Nature Oils Ltd will correct it promptly.
The personal information which we hold is held securely in accordance with our internal security policy and the data protection act.
If Natural by Nature Oils Ltd intend to transfer your information outside the EEA (European Economic Area) Natural by Nature Oils Ltd will always obtain your consent first.
Natural by Nature Oils Ltd may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.