Terms of Service
THE SPELLBOUND CO. TERMS OF SERVICE
The whole document shall form the terms of service for using our website, purchasing any products from this website and/or accessing our website pages. Please read these terms of service fully and carefully before using www.thespellboundco.com (the site) and the services, features and content, applications or products offered by The Spellbound Co.
This website is operated by The Spellbound Co. Throughout the site, the terms “we”, “us” and “our” refer to The Spellbound Co. and The Spellbound Co. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
This website and our communications are created for access in the UK. Any users that are in a jurisdiction where the site’s publication or availability is prohibited must not access the website. Those who do access the website do so on their own initiative.
By giving us your email address (by willingly creating your customer account with us, and / or purchasing products through us or subscribing to our newsletter) you agree to receiving electronic communication directly from us. This communication can be directly related to your purchase or direct marketing from us.
When using our website functions, using the customer account pages or emailing us, you are communicating with us electronically. You agree to receive communications from us electronically. All information, notices, disclosures and agreements we communicate to you via email or via the website, are considered in writing.
ACCOUNT REGISTRATION AND MANAGEMENT
To purchase any products, we do not require you to set up an account. However, if you wish to check out faster in future or keep your order history in one place you can register with us using the method defined on our website during checkout.
Registering with us will generate a customer account (“customer account”, “account”, a unique username with associated information) for you.
You must be at least 18 years of age to register with us upon the date of registration. By registering with us and agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. If you are under 18, you may not under any circumstances or for any reason, use the services. We may, in our sole discretion, refuse to offer the services to any person or entity and change our eligibility criteria at any time. The services are offered for your use, and not for the use or benefit of a third party.
You must ensure that the details you provide us, via the customer account pages or any other communication (including email) are correct and complete. Please note that we cannot be held responsible if you enter an incorrect email address with any misspellings or other errors. For security reasons we are unable to cancel or make amends to accounts where you cannot verify the exact email address you set the account up with.
You must promptly inform us of any changes to the information that you supplied to us – you can do this by emailing us at email@example.com
You must not allow any other person to use your account to access the website.
You agree not to impersonate any other person whilst using our website. You also agree not to conduct yourself in an offensive, unlawful, illegal, fraudulent, immoral or harmful manner whilst using our website.
You may not use our site for illegal purposes or in any way that may harm our name or reputation.
PASSWORD AND SECURITY
When you register for an account with us on our website you will be asked to choose a user ID and password which is associated with your customer account. You are liable to create a secure password and keep this confidential.
You are liable for all purchases made on your Spellbound account.
You are liable for all actions and any changes to your account (including [but not limited to] change of postal delivery address and delivery instructions).
You must notify us in writing immediately if you suspect or become aware of any disclosure of your password, unauthorised access to your account and/or use of your Spellbound customer account.
You must not use any other person’s account to access the website (unless you have that person’s express permission to do so).
We can only register one person per account, and for security purposes you may be asked for confirmation of your details if you contact us to discuss your account.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We endeavour to always keep the site as up to date as possible, however if we do notice a pricing error we will contact you to discuss your options of cancelling or re-ordering at the correct price.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 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. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
TERMINATION OR REFUSAL BY US
We reserve the right to suspend, refuse or cancel your account and/or orders at any time at our sole discretion without notice or explanation. If we do this, you will only be charged for orders that have been shipped to you.
INTRODUCTORY/MEMBER OFFERS AND DISCOUNTS
From time to time we may present special offers to new and/or existing customers.
At our sole discretion, we may restrict who may enter into offers for any reason.
We may cancel any special offer, introductory offer or discount at any time without notice or explanation.
Promotional discounts and offers are available for limited time periods only.
Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
These terms of service can be changed at any time.
COPYRIGHT AND INTELLECTUAL PROPERTY
The website, its content and intellectual property remains ours at all times, unless licensed or borrowed property.
This content and intellectual property includes trademarks, logos, trade names, registered designs, patents and copyright and any other intellectual property derived from the function or design of the website or any communications.
Through use of the website and receiving the communications, you automatically agree to respect these copyright and intellectual property rights.
You may not copy, transmit, download, print or reproduce in any means any materials from the website for commercial purposes unless explicitly permitted by The Spellbound Co.
The website may also include links to external websites (outside the www.thespellboundco.com domain). We do not control these websites and the links are provided only for your convenience and information. Their inclusion on the website does not signify our endorsement of the websites or their associated companies.
We have no responsibility for the content, privacy policies and operation of any websites we link to.
We reserve the right to request that you immediately remove any links to our website that you create and publish.
This website and our communications, and their content, are provided as is.
We make no warranty that the website will operate error-free or uninterrupted.
We do not accept liability for the content of and functions contained on the website and in our communications.
We do not warrant that the site is compatible with all computer or mobile device software and equipment.
We cannot warrant that the website and its server is free of errors, worms, viruses, Trojan Horses or any other malicious software and we shall not be liable for any damage you may suffer as a result of such destructive and unintended features.
We will not be in breach of these terms of service or contract as a result of any failure to perform our obligations or any delay in our performance if that failure or delay is due to any circumstance beyond our reasonable control.
We warrant that the products will be fit for purpose and of satisfactory quality.
This warranty is in lieu of all other warranties, expressed or implied.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
You acknowledge that your use of this site and its content is entirely at your own risk.
Except for liability which we cannot limit, restrict or exclude by law, we shall have no liability to you or any third party for any direct, indirect or consequential damages or losses (including loss of profits), or any other damages of any kind that were not foreseeable to both you and us at the point of sale or use of our website.
Customers should be aware that certain The Spellbound Co. products contain potentially harmful contents and so care should be taken in accepting that delivery will be posted through the letterbox of the nominated delivery address.
Customers take full responsibility to review the safety section on the products and act accordingly. Customers take full responsibility for any injury or damage that is caused by The Spellbound Co. products being destroyed or ingested.
Subject to the foregoing, in no event shall we be liable to you for any losses, and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant product(s) purchased in such order and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.
REMEDIES AND VALIDITY OF PROVISIONS
If any provisions of these terms of service is, or becomes invalid, or contravenes applicable regulations then the remaining provisions will not be affected.
WAIVER AND BREACH
No waiver by us, or breach of the terms of service shall constitute a waiver of any other form.
No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
WEB LINKS AND ADVERTISING
Links to our website from other websites or publications (included but not limited to newspapers, magazines, newsletters and flyers) (other than sites owned by us or publications commissioned by us), are for information only. They have not been reviewed by us and as such we have no responsibility for the content of such websites or publications and accept no liability for any losses whatsoever than may be incurred as a result.
You agree that any dispute between you and us regarding these terms of service or any order will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
These terms of service are governed by the laws of England and Wales.