These terms apply as between you, the User of this Website and Aromatherapy Associates Limited (“AA Asia”, “we” or “us”), the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively the personal information, Payment Information and credentials used by Users to access any elements on the Website;
means any third party responsible for transporting purchased Goods from our Premises to customers;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means any products that we advertise and / or make available for sale through this Website;
means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future;
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
Means our place(s) of business located at 6 Great West Trading Estate, Great West Road, Brentford, London TW8 9DN;
means any online communications infrastructure that we make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by us and acting in the course of their employment; and
means the website that you are currently using (aromatherapyassociates.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
15.1 AA Asia makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. AA Asia makes no guarantee of any specific results from the use of this website.
15.2 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this website is intended to constitute a contractual offer capable of acceptance.
- Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
- International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. AA Asia is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your Goods will be free of signs of tampering.
- Intellectual Property
19.1 Subject to the exceptions in Clause 20 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of AA Asia, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
19.2 Subject to Clause 21 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
- 20. Third Party Intellectual Property
20.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
20.2 Subject to Clause 21 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of AA Asia or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site (www.aromatherapyassociates.com) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of AA Asia. To find out more please contact us by email at firstname.lastname@example.org.
- Use of Communications Facilities
24.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
24.1.1 You must not use obscene or vulgar language;
24.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
24.1.3 You must not submit Content that is intended to promote or incite violence;
24.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
24.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
24.1.6 You must not impersonate other people, particularly employees and representatives of AA Asia or our affiliates; and
24.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
24.2 You acknowledge that AA Asia reserves the right to monitor any and all communications made to us or using our System.
24.3 You acknowledge that we may retain copies of any and all communications made to us or using our System.
24.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
25.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
25.1.1 all information you submit is accurate and truthful;
25.1.2 you have permission to submit Payment Information where permission may be required; and
25.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
25.2 It is recommended that you do not share your Account details, particularly your username and password. AA Asia accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
25.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, AA Asia accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
25.4 When choosing your username you are required to adhere to the terms set out above in Clause 24. Any failure to do so could result in the suspension and/or deletion of your Account.
25.5 Unlike many other companies we do not store your debit or credit card details. In fact, we do not even get to see them as the transactional part of purchasing from us is handled by www.sagepay.com
- Termination and Cancellation
26.1 Either AA Asia or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
26.2 If we terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched. You will be refunded any monies paid in relation to those purchases.
26.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
26.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
26.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
- Goods, Pricing and Availability
27.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
27.2 Where appropriate, you may be required to select the required number of the Goods that you are purchasing.
27.3 AA Asia does not represent or warrant that such Goods will be available. Out of Stock indications are provided on the Website, however these are not definitive.
27.4 AA Asia reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
27.5 In the event that prices are changed during the period between an order being placed for Goods and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
27.6 All prices on the Website include VAT. AA Asia’s’s VAT number is 974 8805 64.
27.7 Where you have been entitled to any multibuy discount or free offers due to the size or value of your order exceeding a certain quantity or amount, and any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that offer at your cost or charge you for the goods retained by you at the full price quoted on this site. Your statutory rights are not affected.
27.8 In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
28.1 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
28.2 No part of this Website is intended to constitute a contractual offer capable of acceptance.
28.3 Whilst AA Asia uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
- Changes to the Service and these Terms and Conditions
AA Asia reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If AA Asia is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Website
30.1 The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
30.2 AA Asia accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
31.1 To the maximum extent permitted by law, AA Asia accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
31.2 Nothing in these Terms and Conditions excludes or restricts AA Asia’s liability for death or personal injury resulting from any negligence or fraud on the part of AA Asia.
31.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and AA Asia.
35.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
35.2 AA Asia may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the “unsubscribe” link in any email that we send to you.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and AA Asia shall be governed by and construed in accordance with the Law of England and Wales and AA Asia and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.