Terms & Conditions
Our Contact details:
2-3 Teviot Place
Phone: 0131 226 6777
Email: teviot [at] zen-lifestyle [dot] com
TERMS & CONDITIONS
Last updated June 2011
Article 1 – General Provisions
1.2 The services provided under the Website are supplied by Zen Lifestyle Limited (“Zen Lifestyle”).
1.3 By placing orders through this Website you are offering to contract with Zen Lifestyle for the supply of gift vouchers, (also described in these terms and conditions as “goods” or “products”).
Article 2 – Offers and Acceptances
2.1 Any advertisement or representation made on this Website shall not be construed as an offer by Zen Lifestyle, but merely an advertisement. You will be making an offer when you complete the on-line order form.
2.2 When you place an order to purchase a voucher from Zen Lifestyle, you will receive an e-mail confirming receipt of your order and the details of your order. Your order represents an offer to purchase a voucher which is accepted by Zen Lifestyle when you have received an e-mail confirmation that the goods have been despatched. If there is a problem with your order Zen Lifestyle will endeavour to contact you by email. By placing your order through this Website you acknowledge this mechanism of concluding agreements with Zen Lifestyle. You shall fully, accurately and truthfully complete the ordering system to be found on the Website.
2.3 The prices stated on the Website include VAT wherever applicable. Any delivery charges will be displayed prior to you completing your order.
2.4 Zen Lifestyle may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by Zen Lifestyle associated with it, including, but not limited to, any pricing error on the Website.
Article 3 – Delivery
3.1 Delivery will be to the address on your order as soon as possible. Subject to delays outside Zen Lifestyle control, the overall delivery period will in no event exceed 30 days. For vouchers we will endeavour to ship your order the next working day.
3.2 If Zen Lifestyle fails to deliver the products ordered within 14 days of the despatch date, you may terminate your agreement. Please refer to the Returns Policy.
3.5 Zen Lifestyle will only ship to the United Kingdom and the Channel Islands using the website. For any other orders from outside these areas please contact us by email or phone to arrange delivery. We do not guarantee to deliver to any area outside the United Kingdom and the Channel Islands without prior agreement.
Article 4 – Risk During Transport
4.1 Zen Lifestyle shall bear the risk of any damage to or theft or loss of products during transport. This risk will pass to you at the moment of the delivery.
Article 5 – Warranty
5.1 Zen Lifestyle warrants that the products to be delivered comply with the agreement between Zen Lifestyle and yourself (“Warranty”). However, Zen Lifestyle may not be held responsible if you do not tolerate any products ordered by you.
5.2 If it becomes evident within 30 days of delivery that the products you have ordered fail to meet the Warranty you should return them immediately to Zen Lifestyle. Please refer to the Returns Policy. You may request that Zen Lifestyle replace the goods instead of issuing a refund.
5.3 The Warranty will not apply if a defect has arisen due to any improper use by you of the products.
5.4 The Warranty does not affect your common law or statutory rights.
Article 6 – Privacy
6.1 Zen Lifestyle respects the personal privacy of all users of the Website and at all times seeks to comply with the Data Protection Act 1998. The personal information Zen Lifestyle collects about the users shall be carefully and adequately processed. To process your order Zen Lifestyle will ask you for personal information when you register for a purchase. This will include your name, e-mail and postal details. You will need to give your consent before any processing takes place and your information will only be used for the purposes stated in these terms and conditions and or at the point of collection. Zen Lifestyle is committed to maintaining the highest standards of personal privacy and will not collect information about you without your consent.
6.2 By ordering through the Website you expressly consent to the Zen Lifestyle: processing data relating to your credit card and order details to enable the fulfilment of your order; processing your personal information so that Zen Lifestyle can efficiently provide you with information about new features and services available on the Website; processing your personal data to enhance the services and goods that Zen Lifestyle makes available to its consumers using cookies as per 6.3 below.
6.3 Our system places a cookie on your browser when you place an order via the Website. The information collected is anonymous and does not personally identify you. The information does not contain your name, address, telephone number or your e-mail address. Most web browsers automatically accept cookies but you can change your browser to reject them.
6.4 You may be contacted from time to time in relation to the products and services offered by Zen Lifestyle.
6.5 Unless legally required to do so Zen Lifestyle will not share your personally identifiable information with any third parties, who are not mentioned in this clause, without your prior consent.
Article 7 – Gift vouchers
7.1 Gift vouchers are non-returnable and non-refundable.
7.2 Between the date of your election to withdraw and the date the product is returned by you to Zen Lifestyle you shall bear all risk in keeping the products safe, secure, and free from loss or damage.
7.3 All Vouchers are completely non-refundable from the date of purchase.
7.4 All vouchers are valid for 12 months, the expiry date is clearly stated on each voucher. If a voucher is not used before this time, the voucher is completely non-refundable and will no longer be valid.
7.5 Vouchers can be redeemed against the purchase of products or services at any Zen Lifestyle salon. When booking your treatment you will need to provide your voucher number as a form of deposit, otherwise a deposit will be taken by card payment.
7.6 If there is any value left over from a purchase, the voucher can be redeemed against additional treatments at a later date or against product purchases.
Article 8 – Payment
8.1 You shall pay for any products ordered by you by Paypal or securely by credit or debit card through Paypal. All card data will be encrypted through Paypal and will not be visible to Zen Lifestyle.
8.2 Your credit/debit card will be charged when you confirm your order, but prior to despatch.
Article 9 – Liability
9.1 Zen Lifestyle shall not be liable in any way for any damage or discomfort suffered due to the late despatch or delivery of products or vouchers.
9.2 Zen Lifestyle shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by Zen Lifestyle.
Article 10 – Force Majeure
10.1 Neither Zen Lifestyle nor yourself will be obliged to fulfill any contractual obligation if either of us are prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, etc, (“Force Majeure”). For purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond Zen Lifestyle’ control, but as a consequence of which Zen Lifestyle is unable to fulfill its obligations. Such will include strikes.
10.2 While a Force Majeure continues to operate Zen Lifestyle and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by Zen Lifestyle as terminated without further obligation to the other.
10.3 If Zen Lifestyle has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, Zen Lifestyle will be entitled to charge you for that fulfilled part. 11.4 Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, Zen Lifestyle shall return to you the amount paid.
Article 11 – Disputes
11.1 If proceedings are brought by you against Zen Lifestyle such proceedings shall be brought in an appropriate court in Scotland. This Agreement shall be construed in accordance with Scottish law.
Article 12 – Returns Policy
12.5 Zen Lifestyle may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods.
12.6 Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same credit or debit card account as supplied to pay for the goods. Zen Lifestyle reserve the right to proportionately reduce the level of the refund if it is clear that some of the products have been used. In the case of goods returned under your ‘cooling off’ right, these must be returned undamaged and unused to qualify for a refund.
Article 13 – Intellectual Property
13.1 You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Website nor introduce any modifications to the products supplied by Zen Lifestyle unless the nature of the delivered product dictates otherwise.
13.2 Use of the Website does not constitute a licence to use in any way, any of the Trademarks owned by Zen Lifestyle, including but not limited to the words Zen Lifestyle and the Zen Lifestyle logo.
13.3 All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Website are the copyright of Zen Lifestyle, or their content providers where applicable. Permission is granted to users to download and print one copy of the Website for their own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from Zen Lifestyle is strictly prohibited.
13.4 You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of Zen Lifestyle.
Article 14 – Rules for use of content
14.1 You may not in any way commercially exploit any content obtained from the Website without the express permission of Zen Lifestyle and must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on the Website.
Article 15 – No Warranty
15.1 Zen Lifestyle reserves the right to make changes to the Website, policies and these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you use the Website or that you order goods from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15.2 The Website is provided “as is” and Zen Lifestyle excludes all warranties of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the Website or any information or content or that it is free of defects or viruses.
Article 16 – Indemnity
16.1 You agree to indemnify Zen Lifestyle and Zen Lifestyle from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms and Conditions of use, including this Intellectual Property Policy, or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website.
Article 17 – Disclaimers and Limitation of Liability
17.1 You agree that the Website, including the content, is provided free of charge. Zen Lifestyle will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
17.2 Zen Lifestyle shall not be held liable for any information held on websites which may have links to or from the Website and which are not maintained and controlled by Zen Lifestyle.
17.3 The Website is intended for use within the EEA and the Channel Islands. Zen Lifestyle makes no representation that any product referred to on the Website is appropriate for use, or available, outside the EEA and the Channel Islands. Those who choose to access this site outside of the EEA and the Channel Islands are responsible for compliance with local laws to the extent that local laws are applicable.
17.4 By using this Website, you consent to the Terms and Conditions and disclaimers, as defined by Zen Lifestyle. Zen Lifestyle reserve the right to change these Terms and Conditions and disclaimers and will notify you via the Website when that occurs.
17.5 Zen Lifestyle does not limit or restrict its liability for fraud, death or personal injury should it arise from the negligence of Zen Lifestyle, its directors, employees, affiliates, or other representatives.
17.6 Zen Lifestyle will use their reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, Zen Lifestyle cannot guarantee that the Website will be free from delays, interruptions or errors. Zen Lifestyle take all reasonable efforts to ensure that information on the Website is correct, but give no representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. Accordingly, Zen Lifestyle does not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the Website or the information therein.
Article 18 – Waiver
18.1 If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach these Terms and Conditions.