TERMS & CONDITIONS

Kathleen Natural Limited is a registered private limited company in the England and Wales under registration number 09001193 (“we”, “us” or “our”). Our registered address is 20-22 Wenlock Road, London N1 7GU, UK. We operate the website kathleennatural.co.uk (“Website”).

These terms and conditions (together with Privacy Policy, Shipping and Return and Terms of Use) (collectively called “Terms and Conditions”) explains the information about us and set out the legal terms and conditions on which we sell our products (“Products”) listed on our Website. These Terms and Conditions do not apply if you buy our products from any source other than our Website (e.g. authorized distributors or retailers). The distributors and retailers will have their own terms and conditions that will apply if you buy our products from them. Please note that by ordering any of our Products via Website, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to order Products from our Website.

1. Understanding these Terms and Conditions

1.1 – When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

1.2 – When we refer to “we”, “us” or “our”, we mean Kathleen Natural Limited. When we refer to “you” or “your” we mean you, the person buying Products from our Website.

1.3 – We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time, as explained in section below). Please check the Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time.

2. Our Product Description

2.1 – We will take all reasonable care to ensure that all details, descriptions, images and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system; however, we do not warrant that the product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted.

3. Eligibility

3.1 – To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website under English law you must (a) be aged 18 or older; and (b) register on the Website; and (c) be the holder of a valid debit/credit card.

4. Language

4.1 – This contract shall be concluded in English.

5. Your Account

5.1 – You do not have to register to explore our Website or to buy Products from us, but, if you do chose to register and create an account with us, this will allow you to fully enjoy our Website and make shopping easier for you.

5.2 – By creating an account, you can store your information for easier and faster checkout, store and edit your delivery addresses and billing information and review your previous purchases and order history.

5.3 – When you register or buy Products through our Website, you will be required to provide certain information including your name, phone number and email address. You will also be required to provide valid details of a credit or debit card which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.

5.4 – You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information is changed, please notify us immediately by updating your details through our Website.

5.5 – You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately.

5.6 – You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

5.7 – We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion.

5.8 – If you want to cancel of your account, please contact us using the form on the Contact Us page of our Website (available at CONTACT US) and our customer care team will be happy to assist you.

6. Prices

6.1 – All prices indicated for Products available on our Website are exclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges and any import duty or tax assessed by your local customs and tax office. The total cost of your order is the price of the products ordered and delivery charges. We will not be held to be responsible for any delay or non-delivery due to your local customs or tax related matters. Please consult your customs and tax offices before you place an order via our Website.

6.2 – All prices indicated for Products available on our Website from time to time, we take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.

7. Purchase Related Policies

7.1 – The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.

7.2 – 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.

7.3 – For additional policies related to orders placed through this Website (e.g. Shipping and Return, Privacy Policy), please you must review them before any ordering.

8. Placing an Order and Order Acceptance

8.1 – You will be guided through the process of placing an order by a series of instructions on the Website. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order by clicking “View Basket”.

8.2 – Once you have placed your order, we will check your order and then send you an email confirmation providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Kathleen Natural Limited.

8.3 – If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will reduce your order and deliver only the available items. If you have already paid for the Product(s), we will refund you the amount for the undelivered items.

8.4 – Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Terms & Conditions, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy and procedures.

8.5 – We may not accept your order if an item you have ordered is out of stock, if we identify a product or pricing error, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy).

9. Payment

9.1 – You may pay using any of the methods specified in the checkout. You confirm that the credit or debit card that is being used is yours.

9.2 – All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

9.3 – Your debit card or credit card will not be charged until we ship your order (at which point we take payment for the Products and all applicable delivery charges in full).

10. Title to Goods

We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

11. Risk of Loss

Risk in the goods will pass to you upon delivery to you.

12. Delivery

12.1 – We will deliver the goods in accordance with the address provided to us. (Please ensure that the delivery details you provided are accurate and we will not be held responsible for any delayed or failed deliveries as a result of customer errors).

12.2 – Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.

12.3 – You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.

13. Acceptance of Goods

13.1 – 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. 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 – If you have any inquires regarding your goods delivered, please contact us using the form on the Contact Us page of our Website (available at CONTACT US) and our customer care team will be happy to assist you.

14. Your Obligations and Responsibilities

In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. 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 Kathleen Natural Limited, our affiliates, partners or licensors.

15. Complaints

If you have any concerns or wish to complain about any matter in respect of the goods please contact our customer care team (available at CONTACT US).

16. Disputes

Your use of this Website and any purchase by you of any goods and services from Kathleen Natural Limited are governed by the laws of England and Wales. You and we both agree that the courts of London, England will have exclusive jurisdiction of any disputes

17. Cancellation

17.1 – Right of Cancellation: You may withdraw from the contract without providing reasons writing within 14 days, if the goods have been sent to you before the end of the deadline – by returning the goods after you receive the goods. To comply with the cancellation period, it is sufficient to dispatch the cancellation or goods within the time limit.

17.2 – Cancellations and/or goods return should be sent to Order Department, Partridge Cottage, Hanley Road, Warwick, UK CV35 8QT, T: +44 (0)1926678552, E: care@kathleennatural.co.uk

17.3 – If the cancellation is valid, any goods/services that have been rendered by either party should be returned and any benefits gained should be compensated. If you can are unable to return or compensate the goods/services received, you may require to redress the value lost accordingly.

18. Changes to these Terms and Conditions

18.1 – We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms and Conditions).

18.2 – Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.

Effective: 1st March 2021

Terms of Use

These terms of use (“Terms of Use”) explains our Website, our rights and liabilities etc. By accessing, browsing or otherwise using our Website, you (as a guest, user of website and customer) accept this Terms of Use, without limitation or qualification. If you do not accept this Terms of Use, you are not entitled to access, browse or use the Website.

1. Understanding these Terms of Use

1.1 When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms of Use where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

1.2 When we refer to “we”, “us” or “our”, we mean Kathleen Natural Limited. When we refer to “you” or “your” we mean you, the person accessing or using our Website.

2. Our Website

2.1 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

2.2 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.

2.3 We use reasonable efforts to include only accurate and up-to-date information on the Website, but we do not guarantee that the Website, or any content on it, will be free from errors or omissions. We make no representations, warranties or guarantees (expressed or implied) on the content and information on it.

2.4 The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking any action on the basis of the content on our Website.

3. Your account and/or password

3.1 If you register and/or sign up with us, you will be asked to provide your email address and/or password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party.

3.2 We have the right to disable any accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

4. Our rights

4.1 We are the owner or licensee of all intellectual property rights in the Website and its content (including Kathleen name and mark and Kathleen’s product names, images and packaging). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You must not use or reproduce our Website or any part of it or its content (including without limitation, the text, design, graphics, photographs and images) for non-personal, public or commercial purposes without our prior written consent; however, you may download material from the Website solely for non-commercial, personal use by you.

4.3 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy Kathleen products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

4.4 You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any your comments, displays, posts or links in our Website.

4.5 You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

5. Our liability

5.1 Nothing in these Terms of Use excludes or limits our liability for any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

5.2 The Website is made available “as is” and, to the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any contents on it, whether expressed or implied.

5.3 We will not be liable to any user for any loss or damage, whether in contract, tort, negligence, breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use our Website or use of reliance on any content displayed on our Website.

5.4 IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT 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.

5.5 IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE 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.

5.6 WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, 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 CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

5.7 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

6. Viruses

6.1 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and we recommend that you use your own virus protection software.

6.2 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. 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.

7. Buying our products

If you use the Website to buy products from us, our Terms and Conditions will apply to your purchase. Please take the time to read our Terms and Conditions as they include important information and terms. If you do not accept our Terms and Conditions, you are not permitted to buy products from us through the Website.

8. Your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important information and terms which apply to you.

9. Government laws and jurisdiction

These Terms of Use are governed by the law of England and Wales. You and we both agree that the courts of London, England will have exclusive jurisdiction of any disputes.

10. Contacting us

If you have any questions about the Website, please contact us using the form on the Contact Us page of our Website (available at CONTACT US) and our customer care team will be happy to assist you.

Thank you for visiting our Website.

Effective: 1st March 2021