Returns and cancellation
In the event that you wish, at any time, to cancel or return any product(s) you have ordered or received from us, please follow the cancellation and/or returns procedure described in the Cancellation and Returns Policy section of our Terms and Conditions
The price of any products will be as quoted on the Website from time to time, except in cases of obvious error or technical difficulties or problems. Prices are given in pounds sterling (£) and all items include VAT or like taxes if and where applicable, with the exception of our carrier oils which are VAT exempt, but prices exclude delivery costs which may be specified individually in each of our offers or as outlined and detailed within our delivery / shipping & handling section. Customs duties, import duties and related taxes are also excluded (see ‘Customs’ below for further information).
We may modify or amend our prices from time to time, including where applicable and necessary according to economic circumstances or other external factors. Such changes will not affect orders in respect of which we have already sent you an order confirmation email. If you we change our prices between the time when you place an order and the time when we send you an order confirmation email then we will normally, at our discretion, either contact you for instructions to confirm the new price before dispatching the product or reject your order and notify you of such rejection
Non-business customers very rarely need a tax invoice and the tax charged will vary according to the precise detail of your order including your delivery address so we do not provide a tax invoice as standard with any orders. The prices displayed at checkout or in email order confirmations are not tax invoices. If you need a tax invoice please contact us and we will be happy to produce one for you.
Our Website contains a large number of products and it is always possible that despite our best efforts and due diligence, some of the products listed on our Website may be incorrectly priced or presented. If a product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions to confirm the difference before dispatching the product or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation email if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect pricing error.
Intellectual property and related rights
You agree that the Website and all its component parts, including but not limited to its contents, photos, text, presentations, names, titles, brands, drawings, models and the associated software are protected by intellectual property rights and related rights and are the property of Naissance and/or its licensors. Accordingly, any use, reproduction, representation or distribution in part or in full of these items, other than reproductions with no amendments or alterations made for personal and private copying purposes only, is strictly prohibited. You must not use any part of the materials on the Website for commercial purposes without first obtaining a written express licence from us to do so.
If you print off, copy or download any part of our site in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our Warranties and Our Liability to you
We warrant to you that any product purchased from us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of a similar kind are commonly supplied. However, where we offer products that have been supplied by a third party and that third party has provided its own product warranty, the warranty given by Naissance in the previous sentence shall be superseded by such third party product warranty and responsibility for such third party products will lie with the third party supplier accordingly under such warranty and not with us (Naissance).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (as summarised in the ‘Overview of your key rights’ section above); or for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Loss or damage is not foreseeable if it was not obvious or if neither of us knew that it might happen.
We only supply the products for domestic and private use and we are not liable for any business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any: (i) loss of income or revenue (ii) loss of business or business opportunity (iii) loss of profits or contracts (iv) loss of anticipated savings (v) business interruption or (vi) waste of management or office time.
This Website and all information, content, materials and services included on or otherwise made available to you through this Website are provided by us on an "as is" and "as available" basis. We make no representations, endorsements, warranties or guarantees of any kind, whether expressed or implied, as to the operation of this Website or the reliability or accuracy of any information, content, materials or services included on or otherwise made available to you through this Website. To the fullest extent permitted by law, we disclaim all such terms and warranties and shall not be liable or responsible for any reliance placed on the same by any visitor to our Website, or by anyone who may be informed of any of its contents. By using this Website, you expressly agree that your use of this Website is at your sole risk.
We will not be 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, provided that we contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. However, if there is a substantial delay or a risk of substantial delay (for example a delay of more than three (3) months) you may contact us to end the contract and receive a refund for any products you have paid for but not received
Uploading Information to our Website
Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in these Terms and our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. This means you will be responsible and liable to us for any costs, expenses, losses or damages we incur as a result of your breach of this warranty.
Any material you upload to our Website will be considered non-confidential and non-proprietary and we have a non-exclusive, royalty free, sub-licensable right to use, copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world/globally in perpetuity. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, right to privacy and/or right not to be defamed. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents at our request.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website and we have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy or any part of these Terms.
You represent, acknowledge, accept and warrant that you own or otherwise control (i.e. are licenced to use) all of the rights to the content that you post and/or upload, and that, at the date that the content is submitted to the Website:
(1) The content and material is accurate and appropriate
(2) Use (by you, us or any third party using the Website) of the content and material you supply does not breach any applicable provision of these Terms, does not breach any rights of any third party (including intellectual property rights), and will not cause injury to or defame any person, enterprise, corporation or entity.
You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of the above warranty. This means you will be responsible and liable to us and our affiliates (which includes any other companies within our group of companies) for any costs, expenses, losses or damages we or they incur as a result of your breach of this warranty.
Links to and from our Website
Links to third party websites on this Website are provided solely for your convenience and do not constitute any endorsement or recommendation by us of such third party websites or of any content thereon. If you use these links, you leave this Website and by doing so you acknowledge and accept this. We have not reviewed all of these third party websites, we do not control and we are not responsible for these websites or their content or availability. We therefore do not endorse or make any warranties or representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. Any transaction which you undertake with a third party website is between you and such third party website and is subject to the terms and conditions of that third party website of which they should advise you directly. You should carefully review their terms and conditions applying to the transaction if applicable.
If you would like to link to this Website, you are granted a limited, revocable and non-exclusive right to do so solely on the basis that you link to, but do not replicate the home page of this Website, and you agree to comply with the content standards set out in our Acceptable Use Policy.
Information about You and Your Visits to our Website
Viruses, Hacking and Other Offences
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not misuse our 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 our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our 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 as amended or like legislation. 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 our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
You must not use the Website as part of any unlawful activity or to cause any one annoyance, inconvenience or needless anxiety.
We do not warrant that this Website; information, content, materials, products (including software) or services included on or otherwise made available to you through this Website; their servers; or e-mail sent from us are free of viruses or other harmful components. We do have security protocols and procedures in place, however, no guarantee of security can be granted.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be in writing and/or electronic forms. For contractual purposes, you acknowledge that any contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
‘Naissance’ and other marks indicated on our Website are trademarks or registered trademarks of us or our group companies (collectively Naissance), in the European Union and/or other jurisdictions. The website available at www.enaissance.co.uk together with any graphics, logos, page headers, button icons, scripts, and service names constitute the trademarks or trade dress, copyright, brand and/or image of Naissance. Naissance’s trademarks, trade dress, copyright and related branding may not be used in connection with any product or service that is not Naissance’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Naissance. All such rights are protected by intellectual property laws and treaties around the world and we reserve all of our rights accordingly. All other trademarks not owned by Naissance that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
When ordering goods from our Website for delivery outside the United Kingdom and European countries that are not subject to exemption 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 and cannot predict what they may be. 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 our Website, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Please note cross-border deliveries are subject to opening and inspection by customs authorities.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms or any other contract, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies by us and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
We reserve the right to amend or delete any part of the Website and/or these Terms at any time and without notice. Therefore, we recommend that you review these Terms on a frequent basis to ensure that you are kept up-to-date with any such changes.
For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
No one other than you or us has any right to enforce any of these Terms.
The Website has been prepared, and is intended for use, in accordance with the laws of England and Wales. If you access the Website from locations outside of England and Wales you are responsible for compliance with local laws where they are applicable.
We shall apply these Terms in our absolute discretion. In the event of your breach of any of these Terms we may terminate or suspend your use of the Website and take any action we consider necessary to remedy the breach.
If any part of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of any applicable law, then to the extent of such illegality, invalidity or unenforceability, such provision shall be deleted and severed from the rest of these Terms and the remaining provisions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.