TERMS AND CONDITIONS OF USE AND SALE
This website ("Site") is owned and operated by Nia Phoenix Limited (NP). Registered Office: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, Registered in England and Wales, Registration No. 10244719, VAT No. GB 307 454 413.
By accessing or using the Site, or purchasing something from us, you engage in our 'Service' and you agree to be bound by the terms and conditions below ("Terms and Conditions"). These Terms and Conditions expressly incorporate by reference and include the additional terms and conditions, policies and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use this Site or access any of the services.
NP reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.
Copyright and Limitations of Use
All content in this Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, and other information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by NP, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.
CURLYTREATS is a trademark of Nia Phoenix Ltd.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.
You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from NP.
You may not use any robots, spiders, crawlers or other automated downloading programs or devices to:
(i) continuously and automatically search or index any Content, unless authorised by us;
(ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorised material; or
(iii) cause disruption to the working of the Site.
If this Site contains robot exclusion files or robot exclusion headers, you agree to honour them.
Any questions about whether a particular use is authorised and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to NP.
You may not use the services on the Site to publish or distribute any information (including software or other Content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law.
NP may at any time exercise editorial control over the Content of the Site.
You may not, without the approval of NP, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services.
Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
Material Provided to Us or Posted On or Through the Site
We do not claim ownership of any material that you provide to us (including feedback and suggestions) or post, upload, input or submit on or through this Site, including our blog pages, message boards, chat rooms and forums, for review by the general public or by the members of any public or private community ("Submission") and we are not responsible for its Content or accuracy.
However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant us, our affiliated companies and sublicensees permission to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). No compensation will be paid with respect to the use of your Submission. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorised government request. We shall have the right in our sole discretion to edit, refuse to post or remove any Submission.
Links to Other Sites
The Site may contain hyperlinks to other sites or resources that are provided solely for your convenience. NP is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and has no control over the content of such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of NP. Because NP is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
Disclaimer of Warranties and Limitation of Liability
NP uses reasonable care in publishing Content on NP websites, however neither NP, its affiliates, nor any third-party content providers or licensors make any warranty whatsoever that the operation of the Site will be uninterrupted or error-free, that defects will be corrected, that this Site, including the server that makes it available, is free of viruses or other harmful components, as to the results that may be obtained from use of the Content or other materials on the Site, or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.
This Site and all Content, products and services included in or accessible from this Site are provided "As is" and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which NP disclaims to the fullest extent permitted by law. Your use of the site is at your sole risk.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site.
The Content and Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or the emergency services in your country immediately. NP does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Content or Services. Reliance on any information provided by NP, NP employees, others appearing in the Content or on the Services at the invitation of NP, or other visitors to the Services is solely at your own risk.
Neither NP nor any of its affiliates or licensors shall be liable to you or anyone else for any loss, damage or expense from errors or omissions in the materials available on NP websites whether arising in contract, tort or otherwise, or for any loss or injury, caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering information through the site. In no event will NP, its affiliates or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such information. NP and its affiliates and licensors shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages) even if advised of the possibility of such damages. NP and its affiliates and licensors are not responsible or liable for the content of any speaker’s presentation and such content is the opinion of the speaker and not of NP.
NP neither endorses nor takes responsibility for any products, goods or services offered through our services or advertised on our system.
NP aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. NP shall not be liable for lost information or non-availability of the services.
Terms of Sale
The following sets out the terms and conditions upon which we supply products or services to you. Where you are buying products or services nothing in these terms and conditions affects your legal rights, and we have a legal duty to supply products and services that conform to the contract between us. Further information regarding your legal rights can be found on the Citizens Advice website at www.adviceguide.org.uk.
If we accept your order, we will send you a confirmation of this by email. The receipt of an email order confirmation by you constitutes our acceptance of an order and the conclusion of a contract between us to sell the goods you have ordered, subject to these terms (the "Contract"). You should retain that email for your records. Whereas, following such acceptance, we will always seek to meet the requirements of your order, there may be circumstances following confirmation where we are unable to ship products due to unavailability (of which we were not aware at the time of confirmation of the order). If that is the case, we will notify you as soon as possible and will refund the money for the unavailable products back onto your card or into your account. If the payment process has not begun at that time, the money for such products or services will not be taken out of your account or from your card. Our acceptance does not therefore guarantee and is subject to the availability of products following the receipt of the confirmation email by you.
Prices and availability of products and services on the Site are subject to change without notice. While we endeavour not to make any errors on the Site and to ensure that the descriptions, details and dimensions of our products and services, our prices and other information about us or our products and services, are accurate and up to date, errors can occur. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). If we identify an error that materially impacts your confirmed order, we will notify you as soon as possible and will provide you with the option of cancelling your order in full or the part(s) of your order affected by the misinformation. If you make such a cancellation, the money for the cancelled part of your order will be refunded to your account or onto your card (or will not be taken at all if the payment process has not begun at that time). This in no way restricts or limits your ability to return the goods in line with our returns policy.
Prices and Payment
The price of the product or service will be as shown on the order pages when you place your order. Payment for the product or service is required on dispatch. Where payment has not been received, we are under no obligation to deliver the product or service to you. Our invoice(s) for the price of the products or services you purchase are set out in the email order confirmation we send to you. You can also review and print these invoices at any time by logging in to "My Account" section of the Site. You should retain copies of the invoices for your records.
Risk and Ownership
You will be responsible for the products from the time we deliver the products to you at the stipulated delivery address. You will own a product once we have received payment in full for that product.
Right to Cancel
You have certain rights to cancel your Contract as set out in our Returns Policy. Your rights depend upon what you have bought, the reason for your return and when you decide to end the Contract.
Warranties and Disclaimers: Sale of Goods
We are under a legal duty to supply products and services that are in conformity with the Contract and, where you buy as a consumer, you have certain rights, including legal rights relating to faulty or misdescribed goods which apply in addition to our Returns Policy.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your legal rights where you buy as a consumer, nor does it affect your rights to cancel any Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Limitation of Liability: Sale of Goods
NOTHING IN THESE TERMS OF SALE SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO THE PRODUCTS.
You hereby acknowledge that the preceding paragraph shall apply to all products or services you buy from us through the Site or other channels.
You hereby agree to indemnify, defend and hold NP, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable legal' fees, arising from your use of the Site or Content.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in England.
Send Us Your Suggestions
Customer feedback is very important to us. We are always looking for ways to serve you better. We want you to become a lifelong customer of curlytreats.co.uk. Please email us at info[@]curlytreats.co.uk.