Terms and Conditions
Nature Spell
Introduction
The site www.naturespell.com and its authorised variations including each subdomain and mobile version ("Website") is operated by Nature Spell Inc (trading as Nature Spell) ("we," "our" or "us").
By accessing, browsing or using our Website in any way, you acknowledge and agree to be bound by the following terms and conditions ("Terms"). If you do not agree to these Terms, you should not access, use or purchase our products ("Products") through our Website. We advise you to read these Terms carefully before placing any orders on our Website.
We reserve the right to modify these Terms periodically, provided that any such change will not affect any purchases you have made before the change is implemented. Please read these Terms and make sure you receive the latest information. If you come to a disagreement with any modification of such terms you must immediately stop using our Website. Any changes made after you have placed an order will not have any impact on your order unless we are required to make the change by law.
These Terms were last updated in April 2024.
Purchase of Products
Eligibility to purchase
- You will be required to provide your personal details when making purchases on our Website. You must provide your first name and surname, phone number, e-mail address, shipping and billing address, and any other required information. You will be asked to provide payment details that you represent, and warrant that both are valid and correct.
- Our Products are accessible only to individuals who have been issued a valid credit or debit card by a bank, and who have authorised Nature Spell to process a charge on their credit or debit card the amount of the total purchase price for the merchandise and services that they have ordered.
- Please refer to our Privacy Policy for details of how and why we process your personal data.
Acceptance of Orders
- Products in your shopping basket are not reserved and may be purchased by other customers.
- Nature Spell sells the Products that are in stock and available for dispatch from our distribution warehouse. However, we reserve the right not to accept your order for any reason whatsoever without liability to you, unless permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
- if there are production complications or quality check issues; or
- if Products are shown on our website but are not available or are incorrectly priced or otherwise incorrectly described; or
- if we are unable to obtain authorisation of your payment; or
- if your order gets flagged as fraudulent in our automated screening system; or
- if the delivery address you have provided is not a valid shipping address.
- Once you have placed an order, you will be notified by e-mail about the details of your order. This e-mail serves as a confirmation that we have received your order.
- The breakdown of what you paid (including product/s; shipping fees and any applied discount/s) will be on your ‘order details’ page or confirmation email, this will serve as the invoice. However, if a full invoice is still required, please don’t hesitate to email us.
- After your order has been accepted by us, a legally binding contract will be in place between you and Nature Spell when you receive an e-mail regarding the dispatch of the Product(s).
- Nature Spell is not liable to you by reason of withdrawing any Product from our Website, whether or not that Product has been sold. We reserve the right to remove, modify, or edit any information or content on our Website.
- Certain Products are subject to age restrictions imposed by law. We are not permitted by law to supply these Products to individuals who do not satisfy the relevant age requirement and, if you are underage, you must not attempt to order these Products. By using our Website and/or making a purchase, you confirm and certify that the information you provide (including, but not limited to, your date of birth) is complete, accurate and up to date.
Products
- We take all reasonable care to ensure that any descriptions relating to our Products are accurate. We have made every effort to display as accurately as possible the appearances, colours, textures and finishes of our Product. What you see will depend on the device you are viewing and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual merchandise.
- All information we provide relating to the Products is intended to be used for informational purposes only. We do not give nor intend to give medical advice. It is your sole responsibility to ensure the Products are sufficient and suitable for your purposes and meet your individual requirements, and to consult a licensed physician or qualified healthcare practitioner for advice, diagnosis or treatment of any health related condition. The statements made about the Products have not been evaluated by any regulatory body. The Products are not intended to diagnose, treat, cure or prevent any condition or disease.
- All Products should be used and stored strictly in accordance with their instructions, precautions and guidelines. Products are intended for adult use only and should be kept out of reach of children. You should always check the ingredient list for potential allergens. If you develop any symptoms whatsoever, stop using the Product immediately and consult your licensed physician or qualified healthcare practitioner.
- Every individual is different and therefore results may vary from person to person and are not guaranteed. We are not responsible or liable for failure to achieve expected results for any reason whatsoever.
Pricing
- All prices of Products that you find on our Website are the price for the Products only. Prices are in GBP and include VAT or other sales tax payable (unless otherwise specified). Prices do not include the charge for delivery.
- We endeavour to ensure that all pricing information on our Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on our Website, subject to our right to refuse an order pursuant to clause 2 above, we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the Product has not been shipped.
- We may vary the prices of products at any time and without notice but such changes will not apply to Products in respect of which you have been a dispatch confirmation.
Payment
- We accept payments through PayPal, Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, and any other cards, which are explicitly stated on our Website. Payment will be debited and cleared from your account once the order is placed via our Website.
- You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the payment is not authorised, Nature Spell is not responsible for any delay, non-delivery or cancellation.
- Nature Spell keeps the details of your order secure. We cannot be held liable, however, for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from ourWebsite except where there is negligence on our part, any failure by us to comply with these Terms or our Privacy Policy or breach of our duties under applicable laws.
Delivery, title and risk
- Each purchase made on our Website is dispatched via DHL or USPS in the US. Delivery will be made to the delivery address specified in your order.
- The estimated date for delivery of the Products is set out in our e-mail regarding the dispatch of the Products. If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
- Title in the Products shall remain with Nature Spell (notwithstanding delivery) until we receive payment in full for such Products.
- You are responsible for the Products once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the Products passes to you when you take, or a third party notified by you takes, possession of the Products.
Returns & Refunds Policy
To request a replacement or refund for any product/s as per our return policy, please email us at usa@naturespell.co.uk. To help us resolve your case with full clarity, please included the following in your email:
- Your order number
- Product details
- Brief explanation of the reason for this ‘refund only’ or ‘return and refund’ or ‘replacement’ request
- Valid evidence (see applicable sections below for more clarity)
We will inform you via email about your eligibility for a refund or replacement, and handle each case individually. Your statutory rights remain unaffected. Return labels are covered by the company for all ‘seller related issues’; however, customers may bear the cost if they are responsible for the return, known as ‘buyer related issues’.
For a comprehensive understanding of our return and refund policies, please refer to the specific issue types outlined below.
- Seller related issues can include reasons such as: received less or missing item/s; received incorrect item/s; allergic reaction; product/s delivered do not match description.
- Buyer related issues can include reasons such as: no longer needed; ordered by mistake; product/s do not work for me or do not like it; other.
- Logistics related issues can vary between both ‘seller related’ and ‘buyer related’, such as: received broken/ damaged item/s; wrong delivery information; parcel is delayed/ stuck in transit/ abnormal logistics status; parcel not received on time; parcel states ‘delivered’ but I have not received it; parcel is returning or has returned back to seller/ failed delivery.
Oversight on our end
‘Received incorrect and/or missing item/s’ OR ‘Product/s delivered do not match description’
- Contact usa@naturespell.co.uk within 30 days of delivery, please include valid pictures of the received item/s, the outer box, the shipping label, and inner packaging.
- Our team will thoroughly investigate the issue and offer a resolution.
- If deemed eligible after the investigation, our customer care team will ask if you prefer a ‘replacement’, ‘refund only’ or ‘return and refund’.
- Customers won't incur expenses for return shipping labels if this is confirmed to be a seller related issue.
- To help us resolve this issue with full clarity and fairness, buyer can provide the following as valid evidence:
- Picture of the outer box with shipping label visible
- Picture of the inner packaging and all item/s received
- Picture or video of the product/s (if applicable)
Broken/ Damaged/ Faulty goods
- In your initial email to usa@naturespell.co.uk, kindly include photos of the item/s as received, inner packaging and the outer box (with shipping label visible).
- Despite our careful packaging, goods may occasionally sustain damage during transit.
- If your products arrive broken/ damaged or faulty, our customer care team will investigate and arrange a refund or replacement, covering the shipping costs.
- Broken/ Damaged goods won't need to be returned.
- If you notify us of damaged or faulty products within 30 days of delivery, we'll promptly initiate a replacement or refund.
- To be eligible for a replacement or refund for broken/ damaged / or faulty item/s, buyer must provide sufficient evidence such as:
- Picture or video showing the broken/ damaged / or faulty product/s.
- Clear picture of the outer box condition (with the shipping label visible)
- Picture of the inner packaging and all item/s received
- Proof of delivery picture from delivery vendor’s tracking system (if available)
- Any other screenshot evidence. E.g. from email/chat history with our customer services team and/or from buyer’s email/chat conversation with delivery vendors directly (if applicable)
Allergic reaction
- Buyer can send this enquiry to us via email: usa@naturespell.co.uk
- Used item/s are not required for return.
- Refund will only be issued if buyer can provide valid picture or video evidence of this allergic/ adverse reaction.
- Buyer must mention the product name/s which contributed or caused this adverse reaction with a brief explanation.
Delivery error
- Applicable under the following conditions: parcel is delayed/ stuck in transit/ abnormal logistics status; parcel not received on time; tracking information states ‘delivered’ but I have not received it; parcel is returning or has returned back to the seller.
- Buyer can send this enquiry to us via email: usa@naturespell.co.uk
- Refund will only be issued if buyer can provide the following valid evidence:
- Proof of delivery picture from delivery vendor’s tracking system
- Confirmation that the full shipping address details you have provided for this order are correct (if applicable)
- Confirmation that the buyer has searched all safe spaces but parcel still cannot be located or retrieved.
- Any other screenshot evidence. E.g. from email/chat history with our customer services team and/or from buyer’s email/chat conversation with delivery vendors directly.
Customer’s responsibility / Buyer related issues
- For any assistance, contact usa@naturespell.co.uk
- Our team will assess your request and approve a return and refund accordingly. We advise buyers to attach any valid supporting evidence in the ‘refund request’ to strengthen their case.
- Elegibility for returns will be determined by customer care team by a case by case basis.
- Refund/s will only be issued if the correct product/s and correct number of item/s and/ or bundle/s are returned.
- Refund/s will only be issued if the returned item/s are received by us in a new, unused, and unopened condition, in its original packaging.
- Failure to return the item/s as shipped may result in charges equal to the product cost.
- Any decrease in the value of returned products due to unnecessary handling may be deducted from the refund.
- Refunds will reflect adjustments for delivery costs and return shipping labels.
- For changes or cancellations leading to a ‘return and refund’, ‘replacement’, or ‘refund only’ request, buyer must notify us within 14 days of product delivery (via email).
- Customers will incur delivery and return shipping costs for returns under these conditions:
- Change of mind / No longer needed
- Ordered by mistake/ Accidental order placement
- Ordered the wrong item/s
- Failure to check product ingredients listed in the description.
- Incorrect or incomplete name; address and contact details provided by the buyer during the buying and check-out process
- Product/s do not work for me
- Do not like the smell; packaging or content/ consistency of product/s
- Other (depending on what this is)
Use of Website
Access
- By using our Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Website.
- Our Website is directed to people residing in the United Kingdom. We do not guarantee that the content available on our UK website is appropriate for use or available in all other locations.
- We do offer worldwide/ international shipping. Buyers can scroll down to the bottom of our UK website’s homepage to the ‘delivery information’ section where it will show buyers the cost and predicated delivery time for the ‘rest of the world’.
- The information on the Website is provided free-of-charge. You agree that you use our Website entirely at your own risk.
- Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
- If you are dissatisfied with any portion of our Website, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using our Website.
Website Registration
- You need to register on our Website in order to get access to some of the services and/or features available. When registering you must provide personal information that is true, precise, updated and complete in all respects. If any of your data changes in the passage of time you are responsible for updating it. We may also modify registration requirements from time to time.
- When entering your password make sure it is unique and kept secure, and you must immediately notify us of any infringement of security or unauthorised use of your account.
- Please refer to our Privacy Policy for details of how and why we process your personal data.
Content
- Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on our Website.
- Nature Spell attempts to provide accurate and complete information on our Website. We do not guarantee that the content on our Website is accurate or error-free. We do not guarantee that the functional aspects of our Website or its content will be error free or that our Website is free of viruses or other harmful components. It is advisable that all users of the Internet ensure they have up to date anti-virus software installed.
Limited Licence
- We hereby grant you a limited, revocable, non-transferable and non-exclusive licence to access and use our Website by displaying it on your internet browser only for the purpose of shopping for our Products sold on our Website for your personal use only and not for any-commercial use or use on behalf of any third party, except as expressly permitted by us in advance. We reserve the right at any time, for any reason at our sole discretion and without prior notice to you, to terminate your licence to use our Website or to block or prevent your future access to our Website.
- You are not entitled to copy, distribute, modify, transfer, display, perform, publish, reproduce, licence, commercially exploit, or sell any content, software, products, or services contained within our Website. You cannot use our Website, neither its content for any commercial purposes, including advertising of any type.
- You are responsible for the use of our Website and agree not to engage in any prohibited activities.
General
Intellectual property rights
- The entire content of our Website including but not limited to the Products depicted and/or available on the Website and any images, illustrations, designs, icons, photographs and written materials is subject to copyright, trademarks and other intellectual property rights and is owned or controlled or licensed to Nature Spell. Your use of our Website and its contents does not permit you to copy, reproduce, transmit, display in public, creative derivative works from or otherwise commercial exploit any copyright, trademarks, designs, and any other intellectual property and material rights relating to the content. All such content is protected by national intellectual property and other laws and international treaty provisions.
- You are permitted to use the content of our Website only as explicitly authorised by Nature Spell. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Copying and use of the above listed materials to any other server, location, or support for publication, reproduction, or distribution is expressly prohibited.
Exclusion of warranties
- This Section does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country/region (if any).
- SUBJECT TO THE PRECEDING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
- Whilst we endeavour to ensure that the information on our Website is correct, we make no warranties, whether express or implied in relation to its suitability, reliability, completeness or accuracy for any purpose; nor do we commit to ensuring that our Website remains available or that the material on our Website is kept up-to-date.
Limits on our liability
- Nothing in these Terms shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
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Subject to the preceding paragraph, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
- economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
- loss of goodwill or reputation; or
- special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
- Subject to the preceding paragraphs of this section, the aggregate liability under these Terms whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Nature Spell.
Indemnification
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You agree to defend, indemnify and hold harmless Nature Spell from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees arising out of or in connection with:
- your use of our Website or a Product;
- your breach of any of these Terms; or
- your breach of any laws or rights of a third party (including, without limitation, any copyright, property or privacy right).
- This indemnification obligation will survive the termination of these Terms and your use of our Website.
Events outside our control
- We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
Disputes
- We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Products you ordered, our service to you or any other matter, please contact us as soon as possible using the 'Contact Us' page of our Website.
Severance
- If any of these Terms are declared invalid, unlawful, or unenforceable, then that provision shall be deemed to be deleted from these Terms and the remaining provisions shall remain in full force and effect.
Rights of third parties
- No one other than a party to these Terms has any right to enforce any term of these Terms.
Entire Agreement
- These Terms (together with any contract for purchase of a Product) document the entire agreement between you and us with respect to its subject matter and supersede all prior or contemporaneous or additional communications, negotiations or agreements.
Waiver
- Failure by us to enforce a right does not result in waiver of such right. Any waiver of our rights must be in writing, signed by us, and any such waiver shall not operate as a waiver of any future breach.
Assignment
- We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected.
- You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
Governing Law and Jurisdiction
- These Terms are governed by and will be construed in accordance with the laws of England.
- Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.