Terms and Conditions
- This website is operated by Spirit & Grace Limited.
- Throughout the site, the terms “we”, “us” and “our” refer to Spirit & Grace Limited, Company Number 11926514. You can contact us by writing to us at firstname.lastname@example.org or at P.O. Box 454, Alderley Edge, Cheshire, SK9 0GP.
- "You" and "your" refers to you, the user of the website and/or customer.
- By visiting our site you agree to be bound by the Website Terms and Conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including browsers or customers. When we email you to accept an order from you a contract will come into effect which includes the Purchasing Terms and Conditions.
- Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by the Website Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By purchasing from us you agree to also be bound by the Purchasing Terms and Conditions.
- Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Our store is hosted by Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - WEBSITE TERMS AND CONDITIONS
Using Our Website
- Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
- You must not misuse this website. You may must violate any laws on this website including: committing or encouraging a criminal offence; transmitting or distributing technologically harmful viruses/trojans/worms or any code of a destructive nature; posting malicious/offensive or obscene material; hacking or corrupting any aspect of the website and/or data; causing upset to other users; infringing upon the rights of any other person's proprietary rights; sending any unsolicited advertising ("Spam"); or attempting to affect the performance or functionality of any computer facilities of or accessed through Spirit & Grace. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. A breach or violation of any of the terms listed will result in Spirit & Grace reporting this to the relevant law enforcement authorities and disclose information on your identity and illegal activities.
- If you choose, or you are provided with, a username, 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.
- We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Intellectual Property And Content
- The intellectual property rights of this website and all its content are owned by or licensed to Spirit & Grace and are protected by copyright laws - All such rights are reserved by Spirit & Grace. You may store and display the content supplied solely for your own personal use however you are not permitted to publish, edit, manipulate, distribute, obscure, tamper or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the website nor may you use any such content in connection with any business or commercial enterprise. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- 'SPIRIT & GRACE', 'SPIRIT AND GRACE' are trademarks of Spirit and Grace Limited and you are not permitted to use them without our prior approval in writing.
Whether you are a consumer or a business user:
- 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 and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Purchasing Terms and Conditions.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the website at any time, without notice to you.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you 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, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site 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.
- Certain content, products and services available via our website may include materials from 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 are not responsible for examining or evaluating the content or accuracy of third-party links and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Linking To This Website
- You may link to our home page provided you do so in a manner that is fair, legal and does not damage our reputation. You must not establish a link in any way that suggests any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
- You must not establish a link to our site in any website that is not owned by you.
- Cookies enable us:
- To estimate our audience size and usage pattern and customise our site to suit your preferences
- To speed up your searches
- To recognise you when you return to our Site
- Finally we may collect statistical data about our users’ browsing actions and patterns - this does not identify individuals and includes where available your IP address, operating system and browser type. This is for system administration and to report aggregate information to our advertisers.
- In addition to other prohibitions as set forth in the terms and conditions, you are prohibited from using the site or its content:
- for any unlawful or fraudulent purpose or effect;
- to solicit others to perform or participate in any unlawful acts;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pretext, spider, crawl, or scrape or ;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of Spirit & Grace or any related website, other websites, or the Internet.
- We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- We may from time to time provide interactive services on our site, including, without limitation bulletin boards and customer feedback.
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
- We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
SECTION 2 - PURCHASING TERMS AND CONDITIONS
- Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
- Spirit & Grace are careful to ensure all products match their descriptions as accurately as possible and we have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate however if you are unhappy on arrival of any items you are entitled to a return only according to our Return Policy.
- Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the items (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of items. If we do make such changes after your order we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
- All orders made are subject to availability. We will try our best to keep all stock levels at the same level as publicised on the site, but we are not held responsible if an ordered item is no longer available. We will email you confirmation of this rejected order.
- Please read and obey the washing/care instructions of your purchased item. We will not be held liable if these are not followed. We will not issue a refund on goods if they are not followed.
- Payment for the Products and all applicable delivery charges is taken in advance and will be debited and cleared from your account upon receipt of your order and once the card details have been cleared to ensure the credit/debit card that is being used is yours, or has been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Spirit & Grace will not be liable for any delay or non-delivery if the issuer of your payment card refuses to authorise payment. By accepting these terms and conditions you consent to such checks being made.
- It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on our website. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- The costs of delivery are as specified on our website.
- Spirit & Grace will always aim to deliver your orders as quickly as possible as stated in our estimated delivery times which you will receive within 30 days of placing your order. However, as these are estimated guidelines we will not be held liable if your deliver takes longer than expected.
- We will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or in failure to perform, any of our obligations in relation to the goods ordered by you if the delay was due to any cause beyond its reasonable control. For more information please view our Delivery and Returns page.
- You are entitled to change your mind about any unwanted products within 14 days of receipt and return them to us for a refund as per our Returns Policy You can return faulty items as per our Returns Policy
- Unfortunately any items which are found to have makeup or tanning stains on them cannot refunded and cannot be classed as faulty because of those marks. Please ensure that the items you return are sent back in original packaging including all swing tickets and labels attached. All returns must be in a re-saleable condition and if do not meet up to our standards shall be returned and a refund will not be processed.
- Promotional discounts/codes may be offered from time to time which may apply in respect to certain specified purchases made though Spirit & Grace. The conditions of use relating to any discount code will be specified at the time of issue and the duration for each discount code will vary however the below terms and conditions relate to all Spirit & Grace promotions and discounts:
- Only one promotion code can be used per order.
- A promotion code can't be used after an order has been placed.
Errors, Inaccuracies And Omissions
- Occasionally Spirit & Grace may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Limitation Of 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, but 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.
- 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
- We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- These terms and conditions are effective unless and until terminated by either you or us.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).
- Spirit & Grace shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services, and/or any page of this website.
Entire Agreement & Waiver
- The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These terms and conditions and any policies or operating rules posted by us on this site or in respect to Spirit & Grace constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these terms and conditions shall not be construed against Spirit & Grace.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Transferring the Contract
- We may transfer our rights and obligations under these terms to another organisation.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- These terms and conditions are to be construed in accordance with the laws of England and any claims or disputes associated with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.