Terms and Conditions

The Product(s) available on www.nooziecomfort.com (this ‘Site’) are provided to you subject to the following terms and conditions (the “Terms and Conditions”).

By accessing or using this Site, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms and Conditions. Together with our Privacy Policy, our Terms and Conditions govern our relationship with you in relation to this Site and any Product(s) that may be ordered from this Site.

If you refuse to accept these Terms and Conditions, you will not be able to order any Product(s) from this Site.

1. The Company ∕ The Supplier

We are Noozie®, supplying Product(s) via the website www.nooziecomfort.com.

Ascensus Technology Limited
152 City Road
London
EC1V 2NP

Company registration number: 8943615

2. Definitions

2.1 ‘You, ‘your’ or ‘the customer’ means the consumer who has offered to purchase Product(s) from this Site.

2.2 ‘Terms and Conditions’ means the Terms and Conditions of sale of goods set out in this document and any other special additional conditions agreed in writing by the Company.

2.3 ‘Products’ refers to any goods available for purchase on this Site

3. Privacy Policy

3.1 The Terms and Conditions are to be read in conjunction with the Privacy Policy.

3.2 We may change these Terms of Use at any time by updating this page. You should check this page from time to time to review these terms to ensure you are happy with any changes. If you do not accept these Terms and Conditions and Privacy Policy, please do not continue to use this Website.

4. Eligibility

4.1 To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must:
(a) be aged 18 or older;
(b) register on the Site;
(c) be the holder of a valid debit/credit card.
This contract shall be concluded in English.

5. Contract

5.1 The Terms and Conditions should be read carefully before placing an order on this Site.
It is recommended that a hard copy of the Terms and Conditions be retained and printed with the order by you, should you for whatever reason to rely on these in the near future.

5.2 All Product(s) are displayed on this Site as an invitation to treat, which means they are not an offer by us for you to accept.

5.3 We will treat each order for Product(s) as an offer by you to purchase the Product(s) at the price set out in the Order, subject to these Terms and Conditions.

5.4 Acceptance occurs when the Company has received and accepted your order. A binding legal contract is formed only once we accept your order in the process set out below.

5.5. After the Order is submitted, we will send the customer a confirmatory email to acknowledge that we have received your order. This is sent out automatically to the email address you use to place the order.
After sending you this first email, we will check to make sure we are able to fulfill your Order. If and when we are able to do so, you will receive a second email from us confirming and accepting your Order, confirming dispatch of the Product(s) to the delivery address you have requested. At this point we will process the payment details you have given to us to take payment for your Order. This second email confirming dispatch of your Product(s) constitutes acceptance.
A binding legal contract is formed after the Order has been accepted, and once the Company has received payment for the full amount in cleared funds.

5.6 Please note, it is your responsibility to ensure that your Order is correct before submitting it to us.

5.7 We will notify you if any Product(s) you have ordered are not available and you will not be charged for any missing items. We retain the right to refuse at our discretion to supply any offer of purchase made by you. If you require any information regarding your Order(s) please contact Customer Services by email to contact@nooziecomfort.com

6. Prices

All prices indicated for Product(s) available via this Site are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the Product(s) ordered and delivery charges as set out in the Delivery section of the Site.

7. Payment

7.1 All payments must be made before the date of dispatch of the Product(s) to you. We will not dispatch the Product(s) until we receive payment in full.
Payment for all Product(s) must be by credit or debit card. We accept payment by credit, debit card and PayPal. Details of accepted payment card types can be found on our Checkout Page.

7.2 If we are unable to accept your Order for any reason, we will, at our option, either not debit your credit/debit card or will refund any money paid by you in respect of that Order. All Product(s) are subject to availability and we will contact you if the Product is no longer available or if there is any reason for which we cannot proceed with the Order.

7.3 Prices are liable to change at any time, but changes will not affect Orders which have already been accepted.

7.4 For payment by card, all credit and debit cardholders and bank/building society account holders respectively may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

7.5 Upon ordering, you must provide us with your exact address and telephone number that your credit/debit card issuer has on file for you. Your order will only be processed once authorization of your credit card has been properly received.

7.6 We will email you a receipt for payment once the Product(s) have been dispatched and the payment has been received.

7.7 If at any time any payments made for Goods by credit card are reversed by the credit card company (“a chargeback”), whether the credit card company acted on your instructions or not, please note that the legal ownership of the Goods shall pass back to us. You shall then hold the Goods as our agent and shall account to us for the value of the Goods. In such a situation, you are instructed to keep the Goods properly stored, protected, insured and identified as our property. In addition to any other rights, we may in these circumstances, upon giving 7 days notice require you to return or deliver the Goods to us, at the expiry of which, we shall take legal proceedings to recover the goods or their value and any other costs we may incur to recover the goods.

8. Product Descriptions

8.1 We will make all reasonable efforts to ensure that all details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered. However, we cannot guarantee the accuracy of images portrayed on this Website. Colours of actual Products may differ from those in images and this is a product of our photographic process.

8.2 This website is designed for educational and informational purposes only. This information is not intended as a substitute for informed medical advice or recommendations from healthcare professionals. You should not use this information to diagnose or treat a health problem or disease without consulting a qualified healthcare provider.

8.3 In line with our policy of continuous development, we reserve the right to change this product, packaging, description and documentation without notice.

9. Delivery

9.1 We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within the time set out in our Shipping Times but we cannot give an exact delivery date. We do not accept any liability whatsoever for delayed delivery caused by any third party.

9.2 Once your order has been dispatched by the supplier, a shipment notification email will be sent to you detailing:

a.the delivery agent,
b.the approximate time when delivery will take place,
c.the delivery agent’s tracking number,
d.the delivery service used,
e.The number of parcels being sent to you

9.3 We will endeavor to deliver the Product(s) within the specified time from receiving you order and every reasonable effort shall be made to keep to any estimated delivery date given.

9.4 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.

9.5 If we have not delivered the Product(s) within 30 days of submitting your Order or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you.

9.6 Should a customer request for the delivery to be made installments, a further agreed delivery charge will be applicable.

9.7 Delivery of the goods shall be made to the customer’s confirmed address and the customer shall make all arrangements necessary to take delivery of the goods on the delivery date.

9.8 We ask you to notify us if you have not received your delivery within 72 hours of receiving the shipment notification email, to enable us to trace your order.

9.9 We shall accept no liability for shortages, non-deliveries, incorrect goods, goods lost in transit and goods damaged on delivery if you do not report this to us within a reasonable time period (within 72 hours after the delivery date), except when extenuating circumstances have prevented notification within the reported timescale. The extenuating circumstances must be by mutual agreement.

10. Right to Cancel

10.1 If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) acting under the Distance Selling Regulations (DSR) you have the right, in addition to your other rights, to cancel the Contract, at any time up to the end of 14 working days from the delivery date.

10.2 If you cancel an order under the DSR, the Supplier shall cancel the Contract, send you a refund for any sums paid by you once the items have been returned and received back, including any delivery charges, within 30 working days. Where the consumer paid for Products by payment card, refunds will be made by re-crediting the payment card account from which the money was originally debited.

10.3 To exercise your right of cancellation, you must give written notice to the Supplier. You must inform us in writing at contact@nooziecomfort.com.

10.4 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. Goods must be returned as new, with no blemish, defect and should be complete with any manuals and information sent with them. The outer manufacturer packaging must not show any damage or be defaced in anyway. We advise you to ensure the Product(s) are adequately insured during the return journey.

10.4.1. Should the items and/or packaging show any damage or be incomplete and defaced in any manner, the goods may be rejected or a fee may be applied to recover the cost of the damaged Product. This will automatically be deducted from the credit issued.

10.5 Once you have notified the Supplier that you are cancelling the contract you will be issued with a Returns Authorisation (RA) number which must be clearly labelled on the goods being sent back (please ensure not to deface the product or permanently mark the product in anyway). When the goods are received, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the Goods.

10.6 If the consumer fails to return the goods to the Supplier within 14 working days of the cancellation, the Supplier will arrange collection at the customer’s expense.

10.7 Once an RA has been issued, the goods must be returned to the address given in the authorisation within 14 working days. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. Goods must be returned in pristine condition.

10.8 Where cancellation occurs as a result of the Product(s) not having been delivered to the consumer, the refund will occur within 30 working days of our confirmation email that the Order has been cancelled.

10.9 If you have made a mistake with your order and wish to cancel, please contact us immediately and your cancellation will be implemented prior to Dispatch.

11. Return of Orders

11.1.1 Returns must be requested within 14 days of the delivery date. It is your responsibility to make sure that any products returned are adequately packaged and received by the Supplier in pristine condition. You shall be responsible for any loss or damage caused to returned Goods where such damage has been caused by your negligent or faulty packing. Christmas gift returns period is extended for 14 days after Christmas Day.

11.1.2 Proof of delivery should be retained and made available by you for any such returns made by you should the supplier request it.

11.1.3 The Customer should obtain a Returns Authorisation number (RA Number) in order to return goods. The RA request must be completed online at www.nooziecomfort.com. Only once the RA has been authorised, do we advise you to return goods. The RA number must be clearly marked on the outer packaging only and not on the product packaging. Returns are at the customer’s expense. We do not refund for the cost of returning the items to us.

11.1.4 You should return your product complete. Please ensure that all additional enclosures, such as manuals, cables etc are all returned. Adequate packaging must be used to return the goods. Charges may apply to returned goods that do not meet the above criteria.

11.1.5 Adequate packaging constitutes that the item is wrapped securely and then placed inside a box in order for the item to return to us with no internal or external damage. Items that are not securely wrapped and received damaged will be securely repacked and returned back to you, so that you may attempt to claim from your courier.

11.1.6 We reserve the right to reject any item(s) that do not meet the criteria laid-out above.

11.2.1 For defective goods, the customer may reject a faulty item and apply to receive a full refund within 30 days of the delivery date. Please try to inform us of any defective or incorrect goods supplied to you within 7 working days of the delivery date by writing to us at contact@nooziecomfort.com.

11.2.2 If the items are not as ordered, you must not open the product packaging or use the item. For incorrect goods, it is your responsibility to inform us of the incorrect good within a reasonable time of the delivery day (within 7 days of the delivery date)

11.2.3 Should there be any extenuating circumstances that have prohibited you from notifying us within a reasonable time frame, resolution will be by mutual decision.

11.3 The Supplier will cover the cost of returns for receipt of incorrect goods, provided that the goods received do not match the Product(s) listed on the shipment email notice.

12. Refunds

12.1 If for any reason you are issued with a refund, please note the following:

a. All refunds will be issued to the same payment method as on the original order.
b. When a refund is processed, you will receive an email notification.
c. A refund will usually reach your credit card account within 4 working days after it has been processed. Please allow up to 10 working days for it to be credited. We aim to process all refunds within 30 days of request; refunds will be processed as quickly as possible.
d. Refunds of Product(s) are fixed and limited to the price paid by the customer at the date of dispatch. If a discount was applied to the order at the date of dispatch, the refund will be adjusted accordingly to reflect the discount price originally paid by the customer.
e. If the goods are found not to be faulty or they have been damaged by misuse, they will be returned to you and no refund will be issued unless returned within 14 days under the Distant Selling Regulations.

13. Damaged or Defective Products

13.1 After receiving your product, if you are not happy with your purchase you may return the product to us for a full refund as set out in the Returns Policy.
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.

13.2. You should inspect the Product(s) when you receive them for defects or damage. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

13.3 If you find a defect or damage and you are not happy with your purchase, please inform us within 7 days of the delivery date by writing to us at contact@nooziecomfort.com and advising us of the exact damage. You have up to 30 days from the delivery date to reject a faulty item and apply for a full refund.

13.4 Under these circumstances the Product(s) should be put back into the original packaging and made ready for collection by the Supplier. It is imperative that you do not dispose of any of the packaging.

13.5 If the Product(s) are found to be damaged prior to delivery to you, or defective through no fault of your own, wearing or use, we will replace the Product(s) or refund the price paid by you, including any delivery charges you paid either when ordering the Product or returning the item to us. If you would prefer replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable.

13.6 If the Product(s) are found to have been damaged after delivery to you,we will contact you to discuss this with you and arrange an inspection of the Product. The inspection will determine whether the Product(s) have been damaged through willful, careless or improper use or if the Product(s) were defective.

13.7 If the goods are found to not be defective, or have been damaged through willful, careless or improper use, it is your responsibility to arrange collection of any unauthorised returns from our premises, for example Products which have been returned because they were defective but which are subsequently found not to be defective. Accordingly we reserve the right to return these Products to you at your cost. We will be unable to refund any delivery charges you paid either when ordering the Product or returning the item to us. If the goods are found to be defective, a refund or replacement will be offered as above 13.5.

13.8 We offer a 1 year guarantee on our Product(s) for any faulty product, excluding damage from willful, careless or improper use. Please see point 16 for details. This does not affect your statutory rights of satisfactory quality and fitness for purpose as implied by law.

14. Risk and Ownership

14.1 The risk in Product(s) shall pass to you upon delivery of the Product(s) at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Goods. For Returns, the risk of the Product(s) lies with the customer. We therefore recommend that customers returning items to use use a tracked courier service and ensure the products are adequately insured. We will bear no responsibility for items lost or damaged in transit.

14.2 Ownership of the Product(s) shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
a. the goods, and
b. all other sums which are or which become due to the Supplier from you on any account.
Ownership of Products for which the Supplier has not received payment in full will remain with the Supplier notwithstanding the Products being in the Buyer’s possession.

14.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.

15. Limitation of Liability

15.1 These Terms and Conditions do not exclude our liability (if any) to you for: personal injury or death resulting from our negligence; fraud; any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

15.2 The Supplier’s total liability in contract, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.

15.3 We are liable only for losses which you suffer as a foreseeable result of a breach of these Terms and Conditions by us.

15.4 Subject to the consumer’s statutory rights, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
a) loss of income or revenue;
b) loss of business;
c) loss of profits or contracts; or
d) loss of anticipated savings

If you are a business customer, the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

15.5 Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default on the customer in performance or compliance with any of these Terms and Conditions.

15.6 Subject to the consumer’s statutory rights, we are not liable for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

15.7 We do not guarantee that this Website will be compatible with all or any hardware and software you may use. We do not guarantee that the use of this Website will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses and you are advised to take all appropriate safeguards before downloading information or images from the Website. We do not guarantee that this Website will be available all the time or at any specific time. We reserve the right to withdraw or modify this Website at any time.

Please note that nothing contained in these Terms and Conditions in any way affects your statutory rights.

16. 1 year guarantee

16.1 This product is covered by a 1 year guarantee. We undertake to repair or replace free of charge any product found to be faulty within 1 year of the purchase date. This guarantee excludes willful and careless damage, and any damage as a result of any improper use, misuse, fair wear and tear, or use not in accordance with the instructions.

16.2 A valid proof of purchase must be presented to make a claim of a repair or replacement product under this guarantee. A valid proof of purchase can constitute either the online order number or a receipt. This will serve as proof of the delivery date.

16.3 The guarantee period starts from the date of receipt of the Products.

16.4 The guarantee does not cover any defect in the goods arising from excessive wear and tear or any alteration or repair carried out without the manufacturer’s approval.

16.5 Guarantee claims should be made in writing to contact@nooziecomfort.com as soon as possible after a default is detected and you have checked that the product is being used properly in accordance with the instructions. A copy of a valid proof of purchase must also be sent. An inspection will be conducted to determine the cause of the damage or defect.

16.6 The guarantee can only be claimed by the purchaser of the goods and is not subject to third party rights.

16.7 The guarantee is valid only for use in a domestic setting. This guarantee is valid in the UK only.

16.8 This guarantee does not affect your statutory rights as a consumer.

16.9 The manufacturer reserves the right to conduct an inspection to determine the cause of the fault. Please note: A safety inspection is not covered by this guarantee. A charge will be made in respect of any product returned under this guarantee where no fault is found.

17. Links to other websites

17.1 We may link to other websites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our Website. We are not responsible for these websites in any way. It is your responsibility to check the Terms and Conditions and Privacy Policy on any other website which you visit.

17.2 You may not link to this Website from another website unless you comply with the following guidelines and obtain our consent in writing in advance.

18. Intellectual Property

18.1 This Website and all of its contents including, without limitation, all text, software, software source code, trade marks, logos, designs, images, photographs, audio visual materials, written materials and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content is owned by us or our licensors, and protected by United Kingdom copyright laws. Any rights or licences of the Website Content not expressly granted by the Terms and Conditions are reserved.

18.2 Except as set out in the Terms and Conditions, your use of the Website Content without written permission of the Website Content owner is strictly prohibited. You may print off one copy, and may download extracts, of any page from this Website for non-commercial, personal use provided that:
a) you do not modify, distribute, transmit, display, reproduce, create derivative works from, sell, license or otherwise use the Website Content without our written permission.
b) no graphics are used separately from accompanying text;
c) our copyright and trade mark notices appear in all copies and you acknowledge this Website as the source of the material; and the person to whom you providing these materials are made aware of these restrictions.

18.3 You must not use, transfer, copy, duplicate or reproduce any part of the Website Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You must not use the Website for any purpose or in any way that is prohibited by these Terms and Conditions or is otherwise unlawful.

18.4 The trademarks, logos and service marks displayed on the Site are the registered and unregistered marks of Ascensus Technology Limited, our licensors or partners, in the UK, and are protected by United Kingdom trademark laws.

18.5 We monitor the market for infringements of our intellectual property rights and reserve the right to take any action we deem appropriate to protect our rights.

19. Jurisdiction

19.1 These Terms and Conditions and the sale and supply of goods on this Site will be subject to English law. The English courts will have jurisdiction in respect of any dispute arising from a contract, these Terms and Conditions or the use of this Site.

19.2 The Contract and all communications between us will be conducted in the English language.

19.3 We shall also have the right to bring a claim against you in the jurisdiction in which you are based and any other court of competent jurisdiction.

19.4 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms and Conditions which shall remain unaffected.

19.5 Failure by us to exercise any powers, rights or remedies under these Terms and Conditions will not operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

19.6 A person who is not a party to a contract governing the Terms and Conditions between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms and Conditions expressly provide for such rights.

20. Reselling

20.1 The Product(s) available on the Site, and any Product(s) thereof we may provide to you, are for personal use only in a domestic setting. Reselling any of the products or services, or samples thereof, you purchase or otherwise receive from us is not permitted under any circumstances, unless you have obtained written permission from us.

20.2 We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

21. Use of site

21.1 This Website is available to you for your own personal non-commercial use.

21.2 We may withdraw or deny access to this Website at any time in relation to a user who breaches any of the terms contained in these Terms and Conditions.

21.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must keep this safe and treat such information as confidential, and you must not disclose it to any third party.

21.4 In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Ascensus Technology Limited, our partners or licensors.

22. Changes to Terms and Conditions

The supplier may change these Terms and Conditions of Sale without any warning or notice. Any changes are effective immediately. These Terms and Conditions would be binding to any future purchases made by you.

23. Entire agreement

23.1 These Terms and Conditions constitute the entire agreement between us as to your purchase of the Product(s) and shall supersede any prior agreement or representation.

23.2 In the event that any provision of these Terms and Conditions is held to be unenforceable or invalid in whole or in part, the validity of any other provision of these Terms and Conditions and the remainder of the provision in question shall not be affected.

Complaints

If you wish to complain about any matter in respect of the Product(s) on this Site, please do not hesitate to contact our Customer Services at contact@nooziecomfort.com

All contents of this website are: © Noozie Comfort 2015.