TERMS & CONDITIONS

1 Introduction
These purchase order terms and conditions (the "Terms") are the terms on which any products which are available for You to purchase on or via our website www.balmleamington.com (“Our Website”) are made available to You along with any additional terms and conditions which will be notified to You when You follow the ordering procedures set out on the relevant order page.

2 Information about Us
2.1 We are Balm Leamington,  (the trading name of a partnership of Wendy Ashworth and Matthew Crooks). Our trading address is 106 Regent Street, Leamington Spa, CV32 4NR.
2.2 If you have any questions, complaints or comments about your experience ordering or buying products from us, or about this Website, then you can contact us in the following ways: email to info@balmleamington.com or by post to the above address.

3 Buying Products on our Website
3.1 To order a product you will need to follow the ordering procedures set out on the relevant order page. Please check our Delivery & Returns policy to make sure we can deliver to your location before placing your order.
3.2 We will confirm receipt of your order by online electronic means to the e-mail address you have given us on ordering. Our acknowledgement of your Order is not acceptance of your order. We are entitled to refuse any order placed by you. We will notify you if we do not accept your order, for example because your selected products are unavailable or payment is not authorised or you are placing a bulk order.
3.3 Once your order is despatched, we will send you a confirmation email which is acceptance of your order. A contract for the sale and purchase of the products will only arise once we dispatch the products.
3.4. All details you provide to us for the purpose of purchasing products on our Website must be correct. You confirm that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit or debit card details from your card issuer before providing you with any products.
3.5. Our products are sold to you subject to any terms and conditions in respect of the individual product described on the Website, including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties and guarantees. We endeavour to ensure that all details, descriptions and prices on the Website are correct at the time when the relevant information was entered onto the system. The images of the products on our Website are for illustrative purposes only. Your product and its packaging may vary slightly from these images.
3.8 You do not acquire any rights of use to any of our trade marks when you purchase our products. Any unauthorised use of our trade marks for distribution or resale of our products is strictly forbidden.

4 Price and Payment
4.1 Details of the prices for the products and the procedures for payment and delivery are displayed on or through our Website. The price of any product is the price in force at the date and time of your order. You must pay for the products by credit or debit card at the time of the order, at which time you will be notified of the current price.
4.2 The price of any product includes VAT but excludes any delivery charges, which are shown separately at the checkout.  Please refer to our Delivery & Returns policy for further information.
4.3 We reserve the right to change the price of the products shown on our Website and withdraw or change product offers at all times. If there is any error in the price of the product you have ordered, we reserve the right to cancel your order.

5  Cancellation Rights
5.1 If for any reason you are not entirely satisfied, you may cancel your contract and return any item in its original condition for a full refund by following the steps below:
You must inform us of your decision to cancel your contract no later than 14 days after the day on which you receive your order.
To cancel the contract, please let us know before you return the products by emailing us at info@balmleamington.com, or write to us at Balm Leamington, 106 Regent Street, Leamington Spa, CV32 4NR, referencing your order number.

 

Please note:

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1. You must return your product(s) within 14 days of such cancellation.

2. The products are returned unused, in their original, undamaged packaging.

3. We do not pay for return postage, unless by agreement if we have made an error, or if a product is faulty.  We cannot be responsible for any items lost or damaged in transit.

4. We will reimburse the purchase price of the returned product(s) no later than 14 days after the day we receive them back from you.

5.2  Nothing in this section affects your statutory rights if products are faulty or not as described.

5.3 Please note that the cancellation rights referred to in this section do not apply in the following circumstances; If the products are personalised or bespoke; If the products were sealed for health protection or hygiene purposes, and these have been unsealed after you receive them. Please refer to our Delivery & Returns policy.

6 Modifications
We reserve the right to alter, suspend or discontinue any aspect of Our Website or the content or products available through it, including Your access to it. Unless stated otherwise, the sale of new products shall be subject to these Terms.

7  Your Information
Please read our Privacy Policy which contains important information about our use of your Personal Information and other information regarding your Privacy.

8 Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.

9 Cookies
As part of your website interaction, we may log certain information about you to improve the user experience by using cookies. For more information on our use of cookies please refer to our Privacy Policy.

10 Liability
10.1 We will not be liable, in contract, tort or otherwise for any of the following losses arising out of or in connection with these Terms: (i) direct or indirect loss of revenues, profits, contracts, business or anticipated savings; (ii) any direct or indirect loss of goodwill or reputation; or (iii) any special or indirect losses. Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence or that of our agents or employees.
10.2 Nothing in these Terms exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by our employees or agents, or for any other liability that cannot be limited or excluded by law.
10.3 All content and services on our Website are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of our Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website, or in respect of any transaction that may be conducted on or through our Website. 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. Nothing in these Terms shall restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service and your contract cancellation rights under European law).
10.4. We do not accept liability for damage to your computer system or loss of data that results from your use of the Website. We do not guarantee or warrant that any content available for downloading from our 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. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website.

11 Complaints
If you have a complaint about your experience in purchasing our products, please contact us at info@balmleamington.com

12 Alterations
We may alter these Terms from time to time and post the new version on our Website. All use of our Website from the date we post the new version of these Terms will be governed by that version. You will be deemed to have accepted any such changes by your use of our Website from such time. You must check the terms and conditions on our Website regularly.

13 Illegality
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.
13.1 Governing Law and Jurisdiction
In the event of any dispute between you and us concerning these Terms, English law will apply. If you are a consumer resident in the UK and you wish to take court proceedings against us you must do so within the United Kingdom.
13.2 Causes beyond Control
Neither You nor We will be responsible for any failure or delay to perform any obligation to the other due to causes beyond your or our respective reasonable control. We will take reasonable steps to prevent or minimise any delay. We will notify you if there is a risk of substantial delay and give you a right to cancel your order.
13.3 No Waiver
If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
13.4 Our Relationship
These Terms govern our relationship with You and we intend to rely on them and your order. If you require any changes, please ask them to be put in writing to avoid misunderstandings between you and us.

14 Terms & Conditions for our Gift Cards
14.1 E-Gift Cards
Gift cards purchased on our Website are redeemable for products and therapies at Balm Leamington and www.balmleamington.com only.  Purchase/use of this card constitutes acceptance of these Terms, which may be subject to change:

• Valid for 12 months from the date of purchase; no balance refunds upon expiry.

• Gift cards are issued by and remain the property of Balm Leamington.

• Gift cards cannot be returned or refunded, exchanged for cash or used to buy another Gift card. No change will be given.

• All product returns will be processed in accordance with our Returns Policy. Any refunds for returned items that were purchased with a Gift card will be refunded to a Gift card where possible. This does not affect your statutory rights.

• Balm Leamington will not accept liability if the Gift card is lost, stolen or damaged and we reserve the right not to accept a gift card which we consider to be affected by fraud.

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14.2 Physical Gift Cards
Physical gift cards purchased in the Balm store are currently NOT valid as a payment method on our website. However, they may be redeemed for products by calling us on 11926 832685 and we can process your order on the telephone.

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15 Special Offers and Promotions

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15.1 Offers or promotions on our website may differ from thoses in our retail store.

15.2 Offers or promotions cannot be used in conjunction with other offers, unless otherwise stated.

15.3 Promotions based on a minimum spend level exclude: previous purchases, gift vouchers and cards, postage and packing, therapy payments, and payments for workshops and events.

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