Terms & Conditions
Pure Essence – Terms & Conditions of Business
Last updated: 14/05/2018
a) We are Pure Essence, with our registered office at South lakeland Leisure Centre, Carnforth, Lancs, La6 1BH
b) These are the terms and conditions (“Terms”) which apply to information shown in the pages of www.pureessencebeauty.com (“the Website”)
c) If you wish to contact us, please either call us on 01524 735240 or email book"pureessencebeauty.com or write to us at Pure Essence, South Lakeland Leisure Village, Carnforth, Lancs. La6 1bh.
2) Accessing and changes to the Website
a) The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. 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 from time to time and may change its content at any time. However, please note that any of the content may be out of date at any given time and we are under no obligation to update it.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.
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.
e) All Content of this Website are: © Pure Essence Our status as the authors of Content on our site must always be acknowledged.
4) Restricted access
a) Access to the My Account section of the Website is restricted to registered users.
b) You have the ability to register on the Website to enable you to access restricted areas of the Website or other content or services.
d) You accept responsibility for all activities that occur under your user account including without limitation your interaction with other users of the Website.
e) We reserve the right to restrict access to areas of the Website, or indeed the whole Website, at our discretion.
f) We may disable your account and password at our discretion.
g) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
h) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing.
5) Customer Testimonials
a) You are solely responsible for any content (in whatever form) 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) However, we may take such action as we deem appropriate 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 mass mailings or spam.
i) 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.
j) 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.
k) 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 in 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, tort (including negligence), 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) Our liability in respect of our supply of Products
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.
We may change these Terms from time to time and without individual notice to you. Please check this page regularly to ensure you are familiar with the current version. 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, the server on which the Website is stored or 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 authorities 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, 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.
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 in the Website 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 in the Website or withdraw any Product from sale without incurring liability, subject to clause 8. Price and availability is also subject to change without notice.
a) We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) and according to the Which? Web Trader Code of Practice.
b) We do not store credit card details nor do we share customer details with any 3rd parties
c) For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is Pure Essence
d) We collect information about you for to provide you with the best possible service.
e) By providing us with your information you are giving us consent to contact you including for marketing purposes.
f) We will give you the chance to refuse any marketing email from us in the future.
g) We will never pass on your information to any third party without your prior consent.
h) The type of information we will collect about you includes:
- * your name
- * address
- * e-mail address
i) We may collect, store and use the following kinds of personal data:
- information about your computer and about your visits to and use of this Website, such as your IP address, geographical location, browser type, referral source, length of visit and number of page views;
- information relating to any transactions carried out between you and us on or in relation to this Website, including information relating to any purchases you make of our Products (including name, e-mail address, postal address and phone number);
- information that you provide to us for the purpose of subscribing to our e-mail notifications;
j) We may use your personal information to:
- improve your browsing experience by personalising the Website;
- send to you Products purchased via the Website;
- send invoices to you, and collect payments from you;
- send you email notifications which you have specifically requested;
- send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email (you can inform us at any time if you no longer require marketing communications to be sent to you by emailing us).
k) We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
21) Other disclosures
- to the extent that we are required to do so by law;
- in connection with any legal proceedings or prospective legal proceedings;
- in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
- if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if Pure Essence or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
22) Security of your personal data
a) We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
b) We will store all the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology. You are responsible for keeping your password and user details confidential. We will not ask you for your password.
c) We will never collect sensitive information about you without your explicit consent.
d) The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code.
e) If we intend to transfer your information outside the European Economic Area we will always obtain your consent first.
g) Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
h) If you have any questions/comments about privacy, you should contact us.
23) Your rights
a) You have a right under the Act to check the information that we hold about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
c) Please let us know if the personal information which we hold about you needs to be corrected or updated.
24) Policy amendments
Supplementary information: Customer care commitments
Reviews and Testimonials
a) We may use testimonials and/or product reviews in whole or in part together with the name and country of the person submitting it.
b) Testimonials may be used for any form of activity relating to the Products, in printed and online media, as we in our absolute discretion think fit.
c) We reserve the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to use.
d) We shall be under no obligation to use any or any part of any testimonial or product review submitted. By submitting a testimonial or product review under these Terms you agree, give permission for and hereby grant any necessary licence so that we may publish and/or reproduce any part of the testimonial on the Customer Reviews and Testimonials pages of the Website and/or in any other of our printed and online media.