Terms of service

OVERVIEW

 
Welcome to Curlew's Nest. The terms "we", "us" and "our" refer to Curlew's Nest . Curlew's Nest operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the "Services"). Curlew's Nest is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

ONLINE STORE TERMS

Agreeing to these Terms of Services confirms that you are over 18 years of age and/or you have given consent to any minor dependents to access and use this site.

Our products may not be used for any illegal or unauthorised purpose or be used in a way that violates any laws in your jurisdiction (including but not limited to any copyright laws)

You may not transmit any worms, viruses or codes of a destructive nature. 

Violation of any of these Terms will end in termination of your Services. 

PRODUCT SAFETY AND COSMETIC COMPLIANCE

All products displayed for sale on this website have undergone the relevant CPSR (Cosmetic Product Safety Report) safety assessment by a qualified safety assessor in line with the Cosmetics Regulations in the UK. 

All products for sale have the relevant PIF (Product Information File) securely stored at the registered address and with the responsible person.

All products for sale have been registered on the SCPN (Submit Cosmetic Product Notifications) portal.

PRODUCT USE, ALLERGENS AND SAFETY

Our products are intended for external use only. Avoid contact with the eyes, broken skin or irritated skin.

Please read the product label, ingredient list, usage instructions and any warnings before use. Some of our products may contain nut-derived ingredients, natural exfoliants or other potential allergens. Where relevant, this will be shown in the product information and/or ingredient list.

Although we take care when making and handling our products, products are made in an environment where nut-derived ingredients and other allergens may be present. As a result, trace amounts may be present in other products.

If you have a known allergy or sensitive skin, please check the ingredient list carefully before use. If irritation occurs, stop using the product. In the case of a serious reaction, seek medical advice.

DELIVERY

We currently offer the following UK delivery options:

Standard Delivery: estimated 3–5 working days £3.95
Express Delivery: estimated 1–2 working days  £6.99

Delivery times are estimates and may vary depending on the delivery provider, your location, bank holidays, seasonal demand, weather, or other circumstances outside our control.

Unless stated otherwise, delivery estimates begin from the date your order is dispatched, not the date your order is placed.

We will make reasonable efforts to dispatch orders promptly. If there is a significant delay with your order, we will contact you using the details provided at checkout.

Please ensure that your delivery address is correct when placing your order. We are not responsible for delays or failed deliveries caused by incorrect or incomplete delivery information provided by you.

If your order arrives damaged, faulty, incorrect, or does not arrive within a reasonable time, please contact us at curlewsnest@outlook.com with your order number and details of the issue.

 

GENERAL CONDITIONS

We reserve the right to refuse our Services to anyone, for any reason and at any time. 

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to duplicate, reproduce, copy, resell, sell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through with the services in provided without written permission by us. 

RETURNS, REFUNDS AND CANCELLATIONS

If you buy from us online, you have the right to cancel your order without giving a reason within 14 days of receiving your products.

To cancel an order, please contact us using the details provided on our website. You then have 14 days from the date you tell us you wish to cancel to return the products to us.

To be eligible for a change-of-mind return, products must be unused, unopened, in their original packaging and in a condition suitable for resale. For health and hygiene reasons, we cannot accept change-of-mind returns for soaps or cosmetic products that have been opened, unsealed or used after delivery, unless they are faulty.

If you cancel because you have changed your mind, you are responsible for the cost of returning the products to us. We recommend using a tracked postal service, as you are responsible for the products until they are received by us.

Once we receive the returned products, or you provide evidence that they have been sent back, we will process any refund due to you within 14 days. Refunds will be made using the original payment method, unless otherwise agreed.

If your product arrives faulty, damaged, incorrect, or not as described, please contact us as soon as possible with your order number and details of the issue. We may ask for photographs or further information so that we can assess the problem.

Where a product is faulty, damaged on arrival, incorrect, or not as described, we will offer a suitable remedy in accordance with your statutory rights. This may include a refund, replacement or other appropriate solution. In these cases, we will cover reasonable return postage costs where a return is required.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information on this site is for general information only and should not be relied upon (or used) as the sole basis for decision making without consulting more accurate, complete or timely sources of information. We are not responsible is information on this site is not current or complete. 

The site may hold historical information (is not current and is provided for reference only)

Information on this site can be modified at any time, but we hold no obligation to update information, therefore you agree that it is your responsibility to monitor any changes.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Service are subject to change without prior notice, and we reserve the right to modify or discontinue the Service (or any part or content thereof) without prior notice.

We will not be liable to you or any third-party for any modification, price change, discontinuation (or suspension) of the Service.

PRODUCTS OR SERVICES

Every effort has been made to accurately display the colours and images of our products. We are unable to guarantee that your monitor's display of the colours will be accurate. Our products also use natural ingredients for colouration and due to nature of handmade production may vary in colour, shape, size and pattern. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

Descriptions of products or pricing are subject to change at any time with no prior notice at our discretion. 

We reserve the right to discontinue products at any time

OPTIONAL TOOLS

Our website may contain links to third-party websites, services, applications, payment providers or social media platforms that are not owned or controlled by us.

We are not responsible for the content, accuracy, policies, practices, availability, products or services of any third-party websites or services linked from our website. Any use of third-party websites or services is at your own discretion, and you should review their terms, privacy policies and other relevant policies before using them or entering into any transaction.

Any complaints, claims, concerns or questions relating to third-party products or services should be directed to the relevant third party.

This section does not affect your statutory rights in relation to products purchased directly from us.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us feedback, reviews, suggestions, images, ideas or other submissions, whether through our website, by email, by post, through social media or otherwise, you confirm that you have the right to share them with us.

You agree that we may use, copy, edit and publish comments or feedback you provide for reasonable business purposes, including improving our products, responding to your enquiry, operating our website, and promoting Curlew’s Nest. We will not claim ownership of your original content.

Where your submission includes your name, image, social media handle or other information that could identify you, we will only use it publicly where we have a suitable lawful basis to do so. In some cases, we may ask for your separate permission before using that content for marketing or promotional purposes.

You agree that any comments or submissions you send to us will not infringe the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You also agree that your comments will not contain unlawful, abusive, defamatory, obscene or misleading material, or any virus, malware or other harmful code.

You must not use a false email address, pretend to be someone else, or otherwise mislead us about the origin of any comment or submission.

We may, but are not obliged to, monitor, edit or remove comments or content that we consider unlawful, offensive, misleading, harmful, infringing, or otherwise inappropriate.

You are responsible for the comments and submissions you provide. We are not responsible for comments posted by you or by third parties, except where the law says otherwise.

PERSONAL INFORMATION

Your personal information through the store is governed by our Privacy Policy

ERRORS, INACCURACIES AND OMISSIONS

Every effort is made to ensure that the information on our website is accurate and up to date, however there may be errors, inaccuracies or omissions relating to product description, delivery times, promotional offers, ingredients, colours, images or product availability.

We reserve the right to correct any error, update the information or cancel an order where it is reasonable and lawful to do so (including after you have submitted your order). Where an order has been cancelled due to such error, we will refund any amount you have paid. 

We are not obliged to update all information on our website at any time, except where required by law. Any update or refresh date shown on our website should not be taken to mean that all information on the website has been updated.

PROHIBITED USES

Alongside the other prohibitions set in the Terms of Service, you are prohibited from using the site or its content for (a) any unlawful purpose (b) to solicit others to perform or participate in unlawful acts (c) to violate any domestic or international regulations (d) to infringe or violate our intellectual property rights or the rights of others (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service 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.

WEBSITE AVAILABILITY AND LIMITATION OF LIABILITY

We make reasonable efforts to keep our website available, secure and accurate. However, we do not guarantee that our website will always be uninterrupted, timely, secure, error-free, or available at all times.

We have the right to suspend, restrict or withdraw access to all (or part) of our website for maintenance, updates, technical issues, security or matters outside of our control. 

We are not responsible for losses caused by your inability to use the website where this is due to events outside our reasonable control i.e. third-party service issues, hosting or internet failure or routine maintenance. 

Nothing in these Terms limits or excludes our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or your statutory rights in relation to products purchased from us.

For consumers, our products must be as described, of satisfactory quality, and fit for their intended purpose. Nothing in these Terms affects those statutory rights.

Subject to the above, we will not be liable for any indirect or consequential loss, loss of profit, loss of business, loss of data, or loss of opportunity arising from your use of our website.

INDEMNITY

You agree to reimburse us for any reasonable losses, costs, damages or legal feed as a result of third-party claims resulting from:

  1. your breech of these Terms
  2. unlawful use of our website
  3. Your infringement of another person's rights, including intellectual property, privacy or other legal rights
  4. any content, comments, images, reviews or submissions you provide to us that are unlawful, misleading or harmful

This only applies where the claim or loss has been caused by your actions

SEVERABILITY

If any of the Terms in this Terms of Service is found to be unlawful, invalid or unenforceable it will be removed from these Terms to the extend necessary. The remaining Terms continue to be enforceable.

ENTIRE AGREEMENT

These Terms, together with any policies referred to in them or posted on our website, set out the agreement between you and us in relation to your use of our website and any purchases made through it.

These Terms replace any previous versions of our Terms of Service.

Nothing in these Terms affects your statutory rights. Where the law gives you rights or protections that cannot be excluded or limited, those rights and protections will continue to apply.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English law.

CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We may update or change these Terms from time to time, for example to reflect changes to our website, products, payment methods, delivery arrangements, business operations or legal requirements.

Any changes will take effect when the updated Terms are posted on our website, unless a different date is stated.

The Terms that apply to your order will usually be the Terms in place at the time you place that order.

If we make significant changes to these Terms, we will take reasonable steps to make those changes clear, such as updating the date at the top of this page or providing a notice on our website.

Your continued use of our website after updated Terms have been posted means that you accept the updated Terms for future use of the website

CONTACT INFORMATION

Questions can be emailed to curlewsnest@outlook.com