Description of Services
Through the Site and its related properties, the Company provides you with access to and the ability to purchase products, receive services and other information, and, subject to certain membership enrollment requirements, to participate in one or more communication forums (collectively referred to as the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of other Site properties, are subject to this TOU.
Notice Specific to Documents and Other Information Posted on the Site
As mentioned above, the Site and its related properties provide certain users with the opportunity to participate in one or more communication forums as part of the Services. The Company grants permission to view, access and/or use Site video content, documents (such as white papers, press releases, datasheets, FAQs, PDF files, etc.) and other materials (the “Content”) from the Services provided that (1) your use of the Content made available through the Services or the Site does not violate the terms and conditions of these TOU, (2) your use of the Content made available through the Services or the Site is informational and non-commercial/personal use only and it will not be copied to or posted on any network computer, website, unaffiliated communication forum, social network or otherwise broadcast in any form of media, and (3) no modifications are made to any Content. Accredited educational institutions may download and reproduce Content for distribution in the classroom on a limited basis. Distribution of Content outside the classroom requires the Company’s express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The above-specified Content does not include the design or layout of the Site or any other material owned, operated, licensed or controlled through the Site. Elements of the Site are protected by copyright and other governing laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by the Company.
The Company and/or its respective affiliates, service providers and suppliers make no representations about the suitability for any purpose of the information contained in whole or in part in any Content and/or as represented in any related graphics published as part of the Services. All such Content and related graphics are provided on an “as is” basis and without warranty of any kind. The Company and/or its respective affiliates, service providers and suppliers hereby disclaim all warranties and conditions of merchantability (whether express, implied or statutory), fitness for a particular purpose, title, and non-infringement. In no event shall the Company and/or its respective affiliates, service providers and suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use, dissemination, viewing, response to or performance of any Content, information, product, data, merchandise, graphic image or other media represented on, purchased through or related to information posted on or disseminated in connection with the Site or the Services made available on the Site.
The Content, information, listings, postings, communications and related graphics published or otherwise disseminated or viewed in connection with the Services could include technical inaccuracies, typographical errors, or misstatements of condition, quality or otherwise. The Company is not responsible for and makes no representations, warranties or assurances concerning information posted on, available through or otherwise acquired, purchased, exchanged or hypothecated through use of or related to the Services made available on the Site in any manner.
Limitation of Liability for Services Made Available on the Site
In no event shall the Company and/or its respective agents, affiliates, service providers, suppliers or subsidiaries be liable for any actual, special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of, transaction with third parties based on postings, listings, Content or other information available through or in connection with the Services accessible through the Site. You expressly agree that the laws of England without regard for any applicable conflict of laws principles shall apply to any dispute concerning your use of the Services, Content or any other matter related to the Site. You further expressly agree and consent to the exercise of personal jurisdiction in England for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site. You additionally expressly agree to and consent to a court of competent jurisdiction located in the county of Surrey, England, as providing the exclusive venue for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site.
Member Account, Password, and Security
If any of the Services require you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You may also be required to select a password and/or a username. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorized use of your account or any breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use the account or password of any other member or user of the Services made available on the Site without the express permission said member or user of the Services.
No Unlawful or Prohibited Use of Content and Services
As an express condition of your use of the Services and Content made available on the Site, you agree not to use the Services and Content for any purpose that is unlawful or prohibited by the TOU or any other terms, conditions, and notices issued by the Company that is related to the Site. You may not use the Services and/or Content in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Services and/or Content. You may not attempt to gain unauthorized access to any Services, Content, other accounts, computer systems or networks connected to any server or to any of the Services and/or Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any deceptive means or acts of misrepresentation, falsehood or fraud through the use of the Services and/or Content.
Use of Services and Content Made Available on the Site
The Services and Content made available to you may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another’s computer or property of another;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent for the same;
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Advertise or offer to sell or buy any goods or services through acts of deception, misrepresentation, fraud, or through the nondisclosure or withholding of material information related to the offered, sold or purchased goods or services;
- Use any material or information, including images or photographs, which are made available through the Services and/or Content in any manner that infringes any copyright, trademark, patent, trade secret, or other propriety rights of any party;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Violate any applicable laws or regulations;
- Use download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof; and
- Create a false identity for the purpose of misleading others.
The Company has no obligation to monitor the Communication Services or material posted on, listed on or otherwise disseminated through the Services. The Company, however, reserves the right to review materials posted to the Communication Services and to remove any and all material appearing on the Site with or without cause in its sole and absolute discretion. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, appearing on the Site in its sole and absolute discretion.
The Company does not control or endorse the content, postings, listings, messages or information found in any Communication Services or related to the Services and Content and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and/or with regard to the Services and/or Content and any action resulting from your participation in any Communication Services, the Services and/or Content.
The company may upload Content or other material to the Communication Services and may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Any user-uploaded materials are strictly subject to the conditions set forth in these TOU.
Materials Submitted to or Posted on the Site
The Company claims ownership and related rights of and to the Content, Services, graphical design, layout and related aspects of the Site. The Company does not claim ownership of the materials, information, posting, listings or other information provided to the Site (including feedback and suggestions) or posted, uploaded, imputed or submitted by third party users and/or members in connection with any Services, Content, Communication Services or associated services made available to the general public, membership community, Site visitors or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting the Company, its affiliate companies and necessary sub-licensees permission to use your Submission in connection with the Services and Communication Services, including, without limitation, an express right of license to: (1) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (2) to publish your name in connection with your Submission; and (3) the right to sublicense such rights to any subsidiaries, respective agents, affiliates, service providers or suppliers associated with the Services made available on the Site.
No compensation or commission will be paid by or otherwise owed by the Company to you with respect to the use of the Services, any Submissions or Postings. The Company is under no obligation to post or use any Submission you may provide for dissemination on the Site or through the Communication Services. The Company may remove the entirety, or any portion thereof, of any Submission and/or Posting at any time in its absolute and sole discretion for any reason whatsoever.
By Posting and/or making a Submission for dissemination on the Site or through the Communication Services, you expressly warrant and represent that you own or otherwise control all of the rights to the information, Content or other material contained in or associated you’re your Submission as described in these TOU including, without limitation, all the rights necessary to lawfully and without liability provide, post, upload, input or facilitate a Submission and/or Posting.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting or making a Submission containing Images, you are granting express permission to view the Images in connection with the use, as permitted by these TOU, of any of the Services and Communication Services made available on the Site to (a) all users of the Services and/or Communication Services and/or (b) to the general public (for each such Image made available or otherwise disseminated in connection with any of the Services, Communication Services or anywhere on the Site). No compensation or commissions will be paid by the Company, or to any user of the Services or the Site, with respect to your use, Submission or Posting of Images unless otherwise agreed to in writing.
Conditions of Sale
These Conditions of Sale govern the sale of products by the Company to you.
Please read these conditions carefully before placing an order with the Company. By placing an order with the Company through this Site, you signify your agreement to be bound by these conditions.
1. Our Contract
Your order is an offer to the Company to buy the product(s) in your order. When you place an order to purchase a product from the Company, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgment that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with the Company. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products, once download or use (whichever is earlier) has begun.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
2. Right of Cancellation up to 14 Days, Exception to Cancellations and our Voluntary Returns Guarantee
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium.
You must inform us (MrsCanningsMarvelousMagic) of your decision to cancel your order. You may submit your request by contacting us. We will communicate to you an acknowledgment of receipt by e-mail. You will need to send your communication before the 14 days’ cancellation period has expired and return the item via our subsequent email instructions.
For additional information, please contact us.
EFFECTS OF CANCELLATION
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use 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 such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods by following the instructions given no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- the supply of goods made to your specifications or clearly personalized;
- ‘originals’ or goods that cannot be replaced as they are uniquely individual;
- a service if the Company has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
- the supply of digital content (including ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
OUR VOLUNTARY RETURNS GUARANTEE
Without prejudice to your statutory rights, the Company provides you with the following voluntary returns guarantee:
All products from the Site can be returned within 30 days of receipt of the products to Company if the products are complete and are in an unused and undamaged condition. The products are to be returned via the instructions given in our email communication to you. This voluntary returns guarantee does not apply to digital products which are not supplied on a tangible medium (e.g. on a CD or DVD).
If you return products according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise the transport risk and return costs are borne by you. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.
3. Pricing and Availability
All prices are inclusive of legally applicable VAT.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
4. Product Information
Unless expressly indicated otherwise, the Company is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings, and directions provided with the product before use.
When ordering products from the Site for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from the Company, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
6. Our Liability
The Company and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
8. Applicable Law
These conditions are governed by and construed in accordance with the laws of England. We both agree to submit to the non-exclusive jurisdiction of the courts of England, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in England. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.
9. Amendments to the Condition of Sale
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use the Site with the involvement of a parent or guardian.
Disclaimer and Indemnification
All of the information given on the Site is done in good faith, but in some instances, the information may represent opinion or judgment. The Company cannot guarantee the accuracy or completeness of any information given as information and knowledge changes over time and so does opinion and judgment.
We are not qualified counselors, nor qualified medical professionals, nor does the Company hold any qualifications in law or finance and make no claims to this regard.
We believe in your individual power to transform your life.
In using our services, you must understand that the Company and its affiliates do not provide recommendations, counseling, nor give any directions for you to follow. In particular, if you have any medical conditions that you are concerned about, you should always consult a qualified member of the medical profession for advice and treatment. Any opinions offered related to the spiritual aspect of any health issue are NOT a substitute for treatment by the medical profession and we strongly urge you not to use or see them as such.
The Company and its affiliates are not engaged in rendering medical aid, counseling or other professional services or advice, and neither shall be liable or responsible to any person or entity for any loss or damage caused or alleged to be have been caused, directly, or indirectly, by or from the information given or ideas suggested, or referred to on this website, or in any related publications.
We have no control over nor do we guarantee any actions that you may decide to take as a result of using any of the sites and services and by using them you agree that You will not hold Us responsible for any damage arising as a result of actions taken by Customers in response to Services such as
a) the truth or accuracy of Content, information, and Services;
b) the truth or accuracy of feedback, Ratings, or other Content posted by Users or the Company’s employees;
c) or incorrect use by You of the Service.