www.mariesmithalma.co.uk

Contact: mariesmithalma@gmail.com

 

Terms & Conditions

1) Overview

Cancellation Policy - 48 hours notice is required to alter your appointment otherwise the full payment is invoiced and future appointments cancelled until payment is received.

a) Alma is a trading name of Marie Smith

b) Our correspondence and business address are 219 London Road, Balderton, Newark, Notts NG24 3 HB

c) These are the terms and conditions (“Terms”) which apply to information shown in the pages www.mariesmithalma.co.uk and to the ordering of any products from the online shop. Please read these terms carefully and make sure that you understand them before ordering any Products. By placing an order for Products, you agree to accept these Terms and to comply with them.

d) If you wish to contact us, please either call us on 01636 680198 or email mariesmithalma@gmail.com or write to us at Alma, 219 London Road, Balderton, Newark, Notts NG24 3HB

e) When we refer in these Terms to “in writing”, this will include e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2) Website and online stop terms

    Shop and website hosted on Wix

a) We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

b) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

c) We may update the Website and change its content at any time however, any of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

d) When a purchase is made through our online shop, we will retain your full name, contact details, order history, billing and delivery address.

e) Signing up for our Newsletter collects your full name and email address by either the automated popup on our website or by the signup link.

3) Intellectual property rights

a) The Website and all intellectual property protecting the Website (“Content”) are the sole and exclusive property of us or our licensors.

b) You may view the Website on your computer screen and print the Content on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.

c) Without our written consent, you may not use, transfer, adapt, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing the Content. This includes electronic reproduction by uploading or downloading.

d) You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.

4) User comments, feedback and other submissions

a) You are solely responsible for any content that you upload, publish, display, post on, or transmit to or share with other users on the Website (User Content) and we accept no responsibility in relation to the same.

b) You agree that we are under no obligation to pre-screen or control User Content that is made available on the Website and as such we do not guarantee the suitability, accuracy or quality of such content.

c) Appropriate action will be taken to deal with the posting of unsuitable User Content, including suspending or cancelling your account, restricting your access to the Website, or commencing legal proceedings against you.

d) Ownership of your User Content, and any intellectual property and proprietary rights in your User Content remains with you however, by uploading, publishing, displaying, posting or transmitting User Content on the Website, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

e) You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.

f) You must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

g) You must not use the Website for any purposes related to marketing without our express written consent.

h) You must not use the Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

I) We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy.

j) You agree to indemnify us, our officers, employees or licensors in respect of any loss that we or they may suffer as a result, directly or indirectly, of any breach by you of any provision of this clause 5.

6) Linking to the Website 

a) You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

b) The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms.

c) If you wish to make any use of Content other than that set out above, please contact us in writing.

d) Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

7) Website information and liability in respect of Website use

a) The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. In particular, the information given on this Website is not intended to diagnose, treat, cure or prevent any disease. If you have a medical problem or are taking prescribed medication, please consult with your own doctor.

b) We have tried to ensure that information provided on the Website is accurate in all material respects. However, we make no representation and give no warranty or guarantee of any kind in respect of the information.

c) Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

d) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any Content on it, whether express or implied.

e) We will not be liable to any user for any loss or damage, whether in contract, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or use of or reliance on any Content.

f) Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

g) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content, or on any website linked to it.

h) We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

I) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to you, which are set out in clause 8 below.

8) Products or Services

a) If we fail to materially comply with these Terms with regards to the supply of Products, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.

b) We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

c) We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence.
fraud or fraudulent misrepresentation.
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession). 
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
9) Changes to Terms and Conditions

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions.

It is your responsibility to check our website for changes

You will be deemed to have accepted any changes if you continue to use the Website after such changes have been posted.

10) Virus Protection and Compatibility

a) While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Website is virus-free and secure.

b) We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. We do not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

c) You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authority, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

11) Events outside our control

a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11(b).

b) An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks.

c) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

we will contact you as soon as reasonably possible to notify you; and
our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12) General

a) If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

b) If any of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

c) None of these terms and conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

d) We may transfer our rights and obligations with respect to any order for Products to another organisation, but this will not affect your rights or our obligations under these Terms.

13) Law and jurisdiction

These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

14) Description of Products

a) The description and specification of products on the online shop is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those Products.

b) We may correct any error appearing on the Website or withdraw any Product from sale without incurring liability, subject to clause 8. Price and availability are subject to change without notice.

15) Ordering

a) You may order Products from the online shop by submitting a completed order form through the check-out procedure.

b) We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.

c) Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

d) If we are unable to supply you with a Product, for example because that Product is not in stock, no longer available or because of an error in the price on the online shop, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount.

16) Price and Payment

a) The price of the Products will be the price quoted in the online shop at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery.

b) In addition to the price, you will have to pay our delivery charges.

c) Payment is made at the time your order is placed

d) Any Customs Duty charges applied to the order by individual countries Border Force will be at the customer’s own cost and no liability can be claimed against Marie Smith, Alma. Additional Royal Mail handling fees incurred as part of the delivery process and customs charges will also be at the customer’s cost with no liability to Marie Smith Alma. All charges must be paid in full as directed by Royal Mail and individual countries Customs before the order will be released and delivered.