Terms and Conditions
Terms and conditions of use
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Conscious Being Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Conscious Being Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Conscious Being Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of Conscious Being Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- print one copy of the Content
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Conscious Being Ltd.
Prohibited use
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
- When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
- If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that Conscious Being Ltd makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Conscious Being Ltd is under no obligation to update information on the Website.
- Whilst Conscious Being Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Conscious Being Ltd accepts no liability for any disruption or non-availability of the Website.
- Conscious Being Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Conscious Being Ltd accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
General
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Delivery
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Refund policy
Our policy is valid for a period of 7 calendar days from the date of the purchase. If you receive your order and are not satisfied for any reason you can return the product for a refund. If the period of 7 days has lapsed since the purchase, we can’t, unfortunately, offer you a refund.
Refund requirements
The following criteria must be met to qualify for a refund:
- Product is defective
- Product is not as described
- Product must be unopened
- Product must be in original packaging
- Product must be unused
- Product must not be damaged
In order to ensure the above criteria has been met, all returns will be inspected. If the product does not meet the listed criteria, we reserve the right not to issue a refund. Perishable goods are completely exempt from being returned.
Proof of purchase
To complete your refund, we require a receipt, purchase order or other proof of purchase. Please note that without the aforementioned proof of purchase, we will not issue a refund but will provide you with a store credit instead.
Shipping items
In order to return an order, you must contact us first.
Returns can be mailed to: Unit 5, Orton Enterprise Centre, Bakewell Road, Orton Southgate, Peterborough, PE2 6XU. You will be responsible for paying for the shipping costs with regard to the items that you wish to return. We will refund the shipping costs upon receiving the items.
You must take care to ensure that the goods are properly packaged so that they will not be damaged while in transit. If the product is found damaged or used beyond what it takes for us to reasonably inspect it, then we may reject a refund.
Contacting us
If you would like to contact us concerning any matter relating to this Refund Policy, you may send an email to info@conscious-being.co.uk
Conscious Being Ltd details
- Conscious Being Ltd is a company incorporated in England and Wales with registered number 12971225 whose registered address is: Unit 5, Orton Enterprise Centre, Bakewell Road, Orton Southgate, Peterborough, PE2 6XU. and it operates the Website www.conscious-being.co.uk. The registered VAT number is 369111986.
You can contact Conscious Being Ltd by email on info@conscious-being.co.uk.
- 47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. Timing of reimbursement48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:a. 14 days after the day we receive back from you any Goods supplied, orb. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Returning Goods51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Unit 5, Orton Enterprise Centre, Bakewell Road, Orton Southgate, Peterborough, PE2 6XU without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.52. For the purposes of these Cancellation Rights, these words have the following meanings: a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object. Conformity(and Guarantee53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.54. Upon delivery, the Goods will:a. be of satisfactory quality;b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; andc. conform to their description.55. It is not a failure to conform if the failure has its origin in your materials.
- 56. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights. Successors and our sub-contractors57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties. Circumstances beyond the control of either party58. In the event of any failure by a party because of something beyond its reasonable control:a. the party will advise the other party as soon as reasonably practicable; andb. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.Privacy59. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.60. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy () and cookies policy ().61. For the purposes of these Terms and Conditions:a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.b. ‘GDPR’ means the UK General Data Protection Regulation.c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.62. We are a Data Controller of the Personal Data we Process in providing Goods to you.63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;b. we will only Process Personal Data for the purposes identified;c. we will respect your rights in relation to your Personal Data; andd. we will implement technical and organisational measures to ensure your Personal Data is secure.64. For any enquiries or complaints regarding data privacy, you can e-mail:.
Excluding liability65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession. Governing law, jurisdiction and complaints66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.67. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.68. We try to avoid any dispute, so we deal with complaints in the following way: If a problem occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within5 days.69. We aim to follow these codes of conduct, copies of which you can obtain.