Terms and Conditions - Nasal Spa Shop

General Disclaimer

The website www.nacur.com (Nacur) and the online shop are owned and operated by Nacur Healthcare Ltd. When you view Nacur, your visit and any disputes arising from it are subject to this Disclaimer, our Terms & Conditions and our Privacy Policy. We have taken reasonable steps to ensure that Nacur and all information provided on or through it is accurate. However, we assume no responsibility for information contained on Nacur and disclaim all liability in respect of such information. We shall not be held liable for any losses you suffer, including any indirect or consequential loss, including but not limited to loss of business or profits or any other financial loss arising out of or in any way connected with the use of Nacur. We are not responsible for the content of any websites directly or indirectly linked to or linked from any pages on Nacur. If you consider any linked pages to be inappropriate, illegal or offensive please let us know by contacting us on our Contact page. All questions regarding the use of Nacur are governed by the law of England & Wales and are subject to the jurisdiction of the English & Welsh courts.

Terms & Conditions

1. General

1.1 Nacur.com is owned and operated by Nacur Healthcare Ltd whose registered office is at: 20 - 22 Bedford Row, London WC1R 4JS, UK. Company Registration Number: GB5503222, VAT Registration Number: GB 862 436614 

1.2 These Terms and Conditions govern your use of the www.nacur.com ("Nacur"), shop.nacur.com (Online Shop and your relationship with Nacur Healthcare, the website operator.

1.3 The purpose of this website is to inform and retail cosmetic, beauty, medical and other products ("Products"). 

1.4 These Terms and Conditions take precedence over and exclude any terms and conditions which you may introduce.

 1.5 We reserve the right to update or modify these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this Site. The change of Terms and Conditions shall not affect the existing Terms and Conditions accepted by you upon making a purchase using the Site.

2. Definitions

2.1 Throughout the Terms and Conditions, when we refer to "we", "us", "our" etc, we are referring to Nacur Healthcare Ltd. When we refer to "you", etc we are referring to you the customer. 

2.2 In these Terms and Conditions: "Contract" shall mean a contract concluded between Nacur Healthcare Ltd and you in terms of Clause 5.8 of these Terms and Conditions. "Delivery" shall mean delivery of the Order in accordance with Clause 8 of these Terms and Conditions. "Products" shall mean the goods and products available from Nacur which are supplied to you. "Order" shall mean your order for Products received by email, telephone, fax or letter to us directly or made on Nacur;

3. Registration

3.1 When you register with Nacur you must ensure that the details provided by you on registration or at any time are correct and accurate. You must provide the correct address for any credit card or debit card you use to make any payments to Nacur. 

3.2 The provision of fictitious or incorrect address details may be reported to law enforcement or other relevant authorities for the purposes of combating internet-based credit card fraud in accordance with our Privacy Policy. 

3.3 When you register to use Nacur we ask that you create a password. You must take all reasonable steps to keep this password secure, and must no let anyone else use it. You are responsible for all activities and orders that are submitted using your password. If you have reason to suspect that anyone else has your password, please let us know immediately so that we can cancel it.

3.4 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by emailing Customer Service. If you cancel, you must stop using Nacur. 

3.5 The suspension or cancellation of your registration and your right to use Nacur shall not affect your or our rights or obligations.

4. Products and Prices

4.1 Our prices are stated in Pounds Sterling, and where applicable, may be inclusive of Value Added Tax ("VAT"). Where orders are placed outside the EC, the prices are stated exclusive of VAT. 

4.2 We have taken all reasonable steps to ensure that the Products are described as fairly and accurately as possible. We also endeavour to ensure that price and availability information is published as accurately as possible and is kept up to date. In the unlikely event that Nacur contains any inaccurate, incomplete or out of date information we shall endeavour to rectify this as soon as practicable. 

4.3 We reserve the right to make changes to Nacur and to details of Products without notice and with no liability on our part. All Products are subject to availability. 

4.4 Please note that the images we use in this site are representations only, and should not be taken to be an accurate depiction of any particular product.

5. Placing your Order

5.1 When you click the "Checkout button", you will be taken through our order process. On the final screen we will show your name, billing address, deliver address, e-mail address, details of your Order and the total price payable by you. You may amend your Order or correct any of the information which you have provided to us by returning to your shopping cart or clicking on the My Account button. If you are satisfied that your personal and Order details are correct, click on Confirm. This will take you to the payment section of the Site. All payments are administered on our behalf by Paypal. 

5.2 When you click on "Authorise", your order will be sent to us. A message will appear on screen acknowledging this. Payment will be taken as soon as your credit or debit card details have been authorised. We will also send you an e-mail as soon as reasonably practicable after your Order has been sent acknowledging that you order has been received. This acknowledgment does not amount to an acceptance of you Order.

6. Price Correction

6.1 We will try to ensure that all prices on Nacur are accurate. If any pricing errors come to our attention, by whatever means, we will take reasonable steps to inform you and we will give you the option to reconfirm the Order at the corrected price or cancel it.

7. Payment

7.1 Payment can be made by any method specified in the Payment section of Nacur. We take all reasonable precautions to keep your order and payment details secure, but, in the absence of negligence on our part, we cannot be held responsible for any losses incurred by you as a result of unauthorised access to the information which you have provided to us. In the event that loss is incurred as a result of our negligence, our liability shall be limited in terms of Clause 11.3. 

7.2 You confirm that the credit or debit card with which you make payment is held validly in your name. We cannot be held liable for any delays or non-delivery which may occur if credit or debit card provider does not authorise payment. You should also ensure that any information supplied by you is correct before proceeding to payment. We do not accept responsibility or offer refunds if you provide incorrect information.

8. Delivery

8.1 Delivery charges are specified in the Shipping and Returns section of Nacur. 

8.2 The cost of packing, handling and delivery is shown prior to confirming your Order. 

8.3 The risk in the Product shall pass to you on delivery or attempted delivery of the Product. 

8.4 We aim to deliver all orders within reasonable delivery days taking into account that orders are despatched from our distribution center in Berkenthin Germany. In the unlikely event that your item gets delayed or goes missing in the post, refunds or replacements will only be issued once the package is officially classed as lost by Deutsche Post, Royal Mail, DHL, Hermes or other courier services we may use.  

8.5 Reasonable allowance should be made for orders made over the weekend and at public holidays. Please allow up to 30 days for delivery in exceptional circumstances. 

8.6 We may send your order in multiple packages. We will endeavour to advise you of this by email prior to dispatch. 

8.7 Where Recorded Delivery, Special Delivery or Guaranteed Next Day Delivery is used, the delivery must be signed for. (a) If our courier attempts delivery and nobody is available to sign for the package, you will be notified that your package is being held for collection. 

(b) The notification will contain information on how long the package will be held for. 

(c) If you fail to collect the package within the stated time period and the package is returned to us we may consider the order cancelled. 

(d) Under these circumstances, prior to making a refund, we will make a charge to cover the post and packing costs of sending the goods to you. An additional postage and packing charge will be made if you wish the goods to be re-sent. 

8.8 Nacur does not accept responsibility if the courier fails to notify you of an attempted delivery. 

8.9 Guaranteed Next Day Delivery is a service of the courier service only - no guarantee is provided by Nacur in relation to orders sent using this method and no compensation will be payable by Nacur under any circumstances. 

8.10 We are unable to arrange for orders to be left in alternative locations (i.e. in a shed or with a neighbour) - this is at the discretion of the courier.

9. Returns

9.1 You have the right to cancel your order within 30 days of placing your order by sending an email to sales [@] nacur.com. 

9.2 Your right to cancel is on the basis that we will be able to re-sell the goods to another customer as new when you return them to us; please do not use the goods or open any sealed packaging. If you have any questions about the goods or need help on deciding whether or not to keep them, please contact Customer Services for more information. 

9.3 If the products have already been posted to you, you must return the products to us and we will credit your credit or debit card with the price of the products within 30 days of us receiving them.

You should return your unwanted products to:

Nacur Healthcare Ltd, Returns Department, Berliner Str. 19, 23919 Berkenthin, Germany

9.4 You must enclose a copy of the original invoice. When returning goods we recommend that you obtain a proof of posting from the Post Office. 

9.5 Please note that depending on the reason for return, we reserve the right to charge for the original postage. 

9.6 If you do not return the goods within 14 days of your notice of cancellation, you will be deemed to have rescinded your request to cancel and accepted the goods. You will be charged for your order at the price originally agreed as per our Terms and Conditions. Any administrative charges incurred shall be added to the total price of the order. 

9.7 Please ensure the goods are suitably and properly packed, preferably in the original box it arrived in, or use packaging of an equivalent quality. Failure to do so may result in damage to the product, which would deem it un-saleable. 

9.8 You must notify us of any shortage, damage or defect in the Product within 5 days of delivery or you will have been deemed to accept the Product. If the Product is found to be faulty or defective, then we will offer you either a replacement or a full refund where appropriate. 

9.9 Nothing in this section affects your statutory rights.

10. Warranties and Liabilities

10.1 We shall use reasonable endeavours to ensure the Products are of satisfactory quality, comply with the descriptions given and are fit for the purpose for which the Products are reasonably intended. However, the Products are provided on an "as is" basis and it is your sole responsibility to ensure that Products ordered are suitable for their intended purpose. 

10.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation. 10.3 Subject to conditions 10.1 and 10.2:- (a) Our total liability to you or to any third party whether in contract, delict (including negligence), misrepresentation or otherwise, arising as a direct consequence of your (or any third partys) use of the Products (including, without limitation, loss of business, costs or expenses) will be limited to the price of your Order; and (b) We shall not be liable for any indirect or consequential loss or damage (including loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with your use of the Products.

11. Contact Details

11.1 We aim to deal with any complaints in a fair and confidential manner. Any complaints or communications should be directed to: Nacur Healthcare, Customer Service Department, Berliner Str. 19, 23919 Berkenthin, Germany

12. Chargeback Fraud

12.1 A Chargeback is a process whereby a credit card issuer reverses a transaction on the request of the cardholder. 

12.2 Where a chargeback is raised by or on behalf of you in a situation where an order has been delivered, has not be properly cancelled in accordance with our returns policy, is still to be delivered, or is otherwise covered by a clause or term in these terms and conditions then we shall be entitled to recover the full order cost from you by civil means. We further shall be entitled to charge you an administration fee of £10 payable immediately upon demand. Additionally, we may notify the police or other legal authorities about the chargeback filing. 

12.3 For the avoidance of doubt, the administration fee shall be payable even where an order is "lost in the post" at the time the chargeback process is initiated, as we make provision for how this matter is to be handled in these terms and conditions. If you are unsure of whether or not to file a chargeback we strongly advise you to discuss the matter with our Customer Service department first.

13. Intellectual Property Rights

13.1 The content of Nacur is protected by national and international laws and treaties. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Nacur without written permission from us. 

13.2 No license is granted to you in these Terms and Conditions to use any trademark or service marks of Nacur Healthcare Ltd.

14. Legal

14.1 If any provision of these Terms and Conditions are held to be invalid or unenforceable, the other provisions and the remainder of the provision in question shall remain as valid. 

14.2 The contract shall be governed by and construed in accordance with the law of England & Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English & Welsh courts, notwithstanding our right to take proceedings in any other court of competent jurisdiction. 

14.3 Failure to enforce any right or obligation under these Terms and Conditions shall not extinguish our right to enforce the same in the future. 

14.4 These Terms and Conditions contain headings and other aspects of formatting for ease of use only. No heading or aspect of formatting should be taken to form part of these Terms and Conditions.