TERMS AND CONDITIONS, SHIPPING AND RETURNS
Nairian.co.uk (the “Website”) is operated by Mountain Beauty Limited, a limited company registered in England & Wales under company number 11064219, with its registered office at Popes Drive, London, England, N3 1QF and the VAT number 294 8134 72 (“Mountain Beauty”, “our”, “we”, or “us”).
Listed on this page are the terms and conditions which apply to your interactions with us, as well as your purchase of the products listed on the Website (‘Products’), so please read them carefully before proceeding (and print if necessary for future reference). By using the Website or placing an order you are agreeing to be bound by the terms and conditions.
These terms and conditions may be modified from time to time. Your continued use of the Website following the posting of the revised terms and conditions means that you accept and agree to the changes. Changes to terms and conditions won’t apply retrospectively unless you agree to it. If you don’t wish to be bound by these terms and conditions then you must not use the Website or buy any Products from it.
Unless we state otherwise, all content published on the Website is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website is accurate and up to date, we cannot warrant that the content is complete and accurate. We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website, whether it is our material or material posted by a third party (e.g. testimonials and comments).
We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Continued use of the Website shall be deemed your acceptance of such changes.
PERSONAL INFORMATION ABOUT YOU AND YOUR VISIT TO THE WEBSITE
CONTENT PROVIDED BY YOU
All material which you contribute to the Website or its connected social media accounts, including reviews, feedback, stories, testimonials, Instagram posts, and images (‘Contribution’), is subject to our Acceptable Use Policy below.
TRANSACTIONS CONCLUDED THROUGH THE WEBSITE
Contracts for the sale of Products formed through the Website, or as a result of your visits to the Website, are governed by these terms and conditions.
All such contracts are binding on you and us and on our respective successors and assigns. We may transfer or otherwise dispose (“Transfer”) of any contract, or any of our rights or obligations arising under it, at any time during the term of the contract. We will contact you to seek your consent or give you the right to end your Contract with us.
You may only Transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
The terms and conditions on the Website are subject to change and any contract for the sale of Products will be formed under the terms and conditions in use at the time the contract is made.
YOUR RIGHT TO ACCESS THE WEBSITE
None of the Products, services, or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its Products, services, and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content.
COMPLIANCE WITH LAWS
If you are visiting the Website from a location outside the UK, you are responsible for compliance with all applicable laws. If use of the Website, or use of any Products, services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately.
If making any of our Products available in your jurisdiction or to you is prohibited, those Products are not offered for sale to you. You accept that if you live outside the UK, you must satisfy yourself that you are lawfully able to access and/or purchase our Products.
HOW WE WILL COMMUNICATE WITH YOU
Unless we inform you otherwise, all notices you give to us must be sent to [email protected]. We may give notice to you by posting it on the Website or at any address (email or postal) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent to your email address, or three days after the date of posting of any letter.
When using the Website, you accept that communication with us will be mainly electronic. We will generally contact you by e-mail or provide you with information by posting notices on the Website. By using the Website you agree to this means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
ACCEPTABLE USE POLICY
We want everyone who uses the Website to have a positive and safe online experience – in this section we set out the terms under which you may access the Website and use the services and resources we provide on it. You must comply with the spirit of these terms as well as the letter.
These standards apply to all and part of any Contribution you make. Please note that we reserve the right not to publish any particular Contribution on the Website or to remove any Contribution at our sole discretion.
- Be accurate
- Where they state opinions, be genuinely held
- Comply with all applicable laws
Contributions must not:
- Contain anything defamatory, obscene, offensive, hateful, threatening, or inflammatory
- Contain or promote sexually explicit material or violence
- Be used for deception, or to mislead as to your identity or affiliations
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Infringe anyone else’s copyright, trademark, or other intellectual property rights
- Promote or suggest anything unlawful, including copyright infringement or computer misuse
- Be made in breach of any legal duty, including a contractual duty or duty of confidence
- Promote any illegal activity
- Invade another’s privacy
- Be likely to harass, upset, embarrass, alarm, or annoy another person
- Give the impression that they come from us or any other third party when they do not.
You may only use the Website for lawful purposes.
You may not use the Website:
- In any way that breaches any law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm children or minors in any way.
- To send, upload, download, knowingly receive, or use any material, which does not comply with our content standards.
- To transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or similar (e.g. spam).
OWNERSHIP OF YOUR CONTRIBUTION
By making a Contribution:
- You agree that we have the right to use, copy, distribute, edit, publish, and disclose to third parties your Contribution (including your name and town, if given) for any purpose, including for advertising and promotional purposes, worldwide, for the duration of any copyright subsisting in your Contribution, without payment of any fee, royalty, or other compensation.
- To the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world.
- You warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights.
- You acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution).
- You agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us.
- Subject always to our Limitation of Liability Statement below, you release us from any and all claims, liabilities, or damages arising from our use of the Contribution
Your Contribution will be considered non-confidential and non-proprietary. You agree that we may disclose your details to any third party, which is claiming that your Contribution is a violation of their intellectual property rights or other legal rights.
YOUR ACCOUNT WITH US
If you open an account with us, you must ensure that the details you give us are correct and complete. Please let us know right away if any of the details you provided while registering should change.
If you are given a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to anyone else. You agree to accept responsibility for all activities that occur under your account or password.
You should inform us immediately if you have any reason to believe that your password has been compromised or there has been any other breach of security regarding the Website that comes to your attention.
We have the right to suspend your account or to disable any username or password at any time if we believe you have failed to comply with these terms and conditions or for security and maintenance reasons.
LINKS TO OTHER WEBSITES
Where we provide links to other websites or resources, you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources, which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).
We shall have no liability whatsoever for any loss, liability, offence or damage resulting in connection with your use of any external linked website or resources, including in respect of any reliance placed by you on any comments, representations, advertising materials, products, or services.
INTERFERENCE WITH THE WEBSITE
You must not attempt to interfere with the proper working of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device. You must not transmit any material containing viruses, Trojans, worms, spyware, time-bombs, keystroke loggers, adware, or any other harmful programs or code designed to adversely affect the operation of any computer software or hardware.
Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user’s identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.
SUSPENSION AND TERMINATION
If we believe that a breach of this policy has occurred, we may, in our discretion, take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website, suspension or cancellation of your account, immediate removal of any Contribution, issue of a warning to you, and/or legal proceedings.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this policy may also be superseded by provisions or notices published elsewhere on the Website.
LIMITATION OF LIABILITY STATEMENT
In this section we set out what we are and are not liable to you for in the provision of the Website and our Products and any act or communication related thereto. This section applies to all our terms and conditions and policies. The terms in this section apply only to the extent allowed by law and do not affect your statutory rights as a consumer. Nothing in these terms and conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.
Further, with respect to these terms and conditions, the provisions concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.
USING THE WEBSITE
We will do our best to ensure that all material and information published on the Website is accurate. However, the Website is provided on an ‘as is’ and ‘as available’ basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, any third party content accessed on or through the Website, or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. We have the right to suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.
Commentary and other materials posted on the Website are not intended to constitute advice upon which any reliance should be placed. To the fullest extent permitted by law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Your contribution and liability
We will not be responsible or liable to you for any damage caused by any Contribution, or the loss of any Contribution. You agree to fully compensate us and our employees, agents, and suppliers for all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of any Contribution, or any non-compliance with or breach of these terms and conditions and policies by you, or any other liabilities arising out of your use of the Website, or the use of the Website by any other person using your shopping account and/or your personal information.
The Products offered or promoted on the Website are not medical products or medical devices, and may produce different results for different users. The Products should be used by you only as directed.
We warrant to you that any Product purchased from us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the Products. This does not affect your legal rights as a consumer, nor does it affect any right to cancel.
If we fail to comply with these terms and conditions, we are only responsible for loss or damage you suffer that is a reasonably foreseeable and a direct result of our breaking these terms and conditions or our failing to use reasonable care and skill. We will not be responsible for any losses you suffer as a result of us breaching these terms and conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, or when the contract for the sale of Products by us to you was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
To the extent allowed by law, where any claim relates to the supply of Products by us to you, our liability for losses you suffer is limited to the purchase price of the Product you purchased.
To the fullest extent permissible by applicable laws, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of income or profit, loss of business, loss of contracts, loss of anticipated savings, loss of data, business interruption, loss of business opportunity.
We exclude our liability resulting in any way from breaches of our Acceptable Use Policy.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
EVENTS OUTSIDE OF OUR CONTROL
If our supply of the Products is delayed by an event outside our reasonable control (an ‘Event Outside Our Control’) then we will contact you as soon as possible to let you know and we will where reasonably possible take steps to minimise the delay. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions, including any contract between you and us concluded under these terms and conditions, such as, but not limited to, a contract for the sale of Products to you, that is caused by an Event Outside Our Control. An Event Outside Our Control may include for example (but without limitation) the following: strikes, lock-outs or other industrial action; 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, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under any contract may be performed despite the Event Outside Our Control. If there is a risk of substantial delay caused by the Event Outside Our Control (a delay of more than 30 days) you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
INTELLECTUAL PROPERTY POLICY
We are the licensee of the “Nairian” trade and brand name, trade mark and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by us or Mountain Beauty Ltd. and are protected by copyright laws and treaties around the world. All such rights are reserved by us, our group companies and our third party licensors.
USING OUR COPYRIGHT MATERIAL
You are permitted to access, store, print and use the Copyright Material on the Website for your own personal and non-commercial use and for placing orders for Products with us. However, you may not modify, copy, reproduce, publish, manipulate, upload, or distribute, by any means, any material or information on or downloaded from the Website without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Mountain Beauty Limited or its third party licensors.
No licence or consent is granted to you to use the Nairian mark in any way, and you agree not to use this mark or any mark, which are considerably similar without our prior written permission.
Any unauthorised use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.
REQUESTS TO USE COPYRIGHT MATERIAL
The Website may incorporate third party content and we may be unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.
INTELLECTUAL PROPERTY IN YOUR CONTRIBUTION
Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy above.
SHIPPING & RETURNS
Due to the size of some Products or large quantities ordered, we may have to split up your order; if that happens, you will only be charged once for shipping. We will aim to dispatch as soon as possible; however, any date specified for delivery is approximate and we shall have no liability for failure to deliver on such specified date.
SHIPPING OPTIONS, CHARGES AND ARRANGEMENTS
Shipping charges will be displayed clearly on the order page before payment is requested. Shipping on a confirmed order of over £75 is free. We will use Royal Mail to deliver the Products to you and it is the Royal Mail delivery terms that will apply to the delivery of order.
Risk (of loss, damage, etc) in the Products shall pass to you on delivery. Please check the Products thoroughly on receipt as we cannot be liable for any damage caused once they are in your possession. This does not affect your statutory rights. You will only own the Products once we have received payment in full.
CONDITIONS OF SUPPLY
Although we do our best to ensure that all material and information published on the Website is accurate, all Products are subject to availability. If we cannot supply you with the Product(s) you ordered, we will not process your order and will inform you of this in writing (which may include email). If you have already paid for the Product or service, we will refund you in full as soon as reasonably possible.
To place an order through the Website, you warrant that you are legally capable of entering into binding contracts, and resident in the UK.
You must be purchasing as an individual for private use and not as a wholesaler or reseller. We reserve the right to cancel orders where we believe that they are intended for resale.
You can check and correct your order at any point up until you have clicked the ‘PAY NOW’ button on the checkout page. Details of your order history will be available through your ‘My Account’ page.
You are required to provide us with your email address when placing an order (or when registering an account with us). We will notify you by email as soon as possible to confirm that we have received your order. Please note that all orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an e-mail confirmation that the Product has been dispatched (“Confirmation”). We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. The contract between us (“Contract”) will only be formed when we send you the Confirmation.
The Contract will relate only to those Products which are confirmed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. These prices include VAT and any other applicable sales taxes but exclude delivery costs, which will be added to your order before your payment is finalised. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
Prices are liable to change at any time, but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete.
If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
We take all reasonable care to ensure that the price of the Product advised to you is correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
Currently, you can pay by MasterCard, Visa credit, Visa debit, Visa Electron, JCB, Maestro and Solo. In placing your order with a credit or debit card you confirm that the card being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We may obtain validation of your credit or debit card details before providing you with any Products or services. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
If the issuer of your card refuses to authorise payment we will not accept your order or be under any obligation to deliver the relevant Products. We will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery of the Products ordered. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Your credit/debit card will be charged when we dispatch your order from our warehouse. If your payment is not received and you have already received the Products you ordered from us, you must pay for the Products or return those Products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) the Products at your expense. We reserve the right to charge you for any and all damage to any Products that are the subject of an unpaid order.
OUR RIGHT TO CANCEL ORDERS
Very occasionally we may need to cancel an order at our discretion. If this becomes necessary, it will be without charge to you.
YOUR STATUTORY CANCELLATION RIGHTS
CANCELLING A PRODUCT ORDER
You may cancel a Product order at any time, without having to give a reason,. To exercise your right to cancel, you must notify us within 14 days of the day after you received the order unless your Product order is split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the Product order.
We will refund you the cost of the order plus the cost of Standard Delivery (if you opted for a faster class of delivery, any additional cost of delivery above that of Standard Delivery will not be refunded). This refund will be within 14 days of cancellation or, if earlier, the day on which you provide us with evidence that you have sent the product back to us, unless the circumstances of your refund process prevent it, in which case we will inform you of such delay and the reason for it. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
If you do decide to cancel your order, please contact us on [email protected]. Please quote your order number in all correspondence. You will be responsible for ensuring the Products reach us safely.
The right to cancel does not apply to certain types of Products, including any goods that are made to your specification or clearly personalised and goods that are sealed for health protection or hygiene reasons, which are unsealed.
We try to dispatch all orders within 48 hours of receipt, so if you do change your mind, please notify us as soon as possible. If your order has already been dispatched or delivered, then you’ll need to follow our Returns Procedure below to return the Products to us. We will issue the refund to you on receiving the returned Products, provided they are in a hygienic and resaleable condition. Any returned Products that are not in a hygienic or resaleable condition may be disposed of and we shall have no liability to you in this regard, for refunds or otherwise. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
If we send you free Products or samples, we reserve the right to deduct a charge for the same from your refund if you do not return the free product in an unused, re-saleable condition.
FURTHER INFORMATION ON THE REGULATIONS
For more information on your statutory right to cancel you can contact Trading Standards or check their website for further information.
Please contact customer services on [email protected] to request return authorisation, stating reason for return. If you need to return any Products, please package them well to prevent any damage during transport.
We recommend that you use a ‘signed for’ shipping method and obtain proof of postage. Please include a note detailing the reason for the return and giving your order number and any other details our Customer Services department have asked you to include.
Unfortunately we cannot accept liability for returned goods that we don’t receive, or for those that get damaged in shipping on their return. It’s important that returned Products are in the best possible condition, so please take reasonable care of them and keep all packaging where possible.
RETURNS SHIPPING CHARGES
We will reimburse you for the cost of returning Products to us in accordance with our Returns Policy, provided that you return all cancelled goods in one package to us.
If you cancel an order in accordance with the section named “Your Statutory Cancellation Rights” we will issue your refund to the original payment method within 14 days of receipt of the returned Products, or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
We cannot accept liability nor can we take responsibility for any bank charges that you may have incurred during the order process.
FAULTY OR DAMAGED PRODUCTS
Nothing in this section affects your legal rights as a consumer under applicable laws, and we will supply Products of the quality described in your order. If any Product you purchase is damaged or faulty when delivered, we may offer an exchange or refund as appropriate, in accordance with your legal rights. Please note that if the damage to a Product occurs after delivery, no refund or exchange will be made. If you believe a Product is faulty, you should notify us on [email protected] and return the Product in accordance with our instructions.
We have taken reasonable steps to display, as accurately as possible, the colours and other detailing of our Products in the images that appear on the Website. However, as the actual colours and detailing you see onscreen will depend on your monitor, and we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery. The packaging of the Products may vary from that shown in images on our Website.