Terms of service
These terms and conditions apply to your use of www.nidramind.com (the "Website") which we own and maintain. These terms and conditions should be read alongside, and are in addition to, our Privacy Policy which tells you how we use your personal information.
By using the Website you agree to these terms and conditions. If you do not agree to these terms and conditions, you must stop using the Website immediately.
We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
Accessing the website
As part of using the Website you may set-up a Nidra Mind account using an e-mail address and password ("Account Details"). You are responsible for maintaining the confidentiality of your Account Details and are responsible for all activities that are carried out under them.
We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your Account Details are used by someone else unless this is due to our negligence.
You agree to notify our Customer Services team immediately, if you become aware of or suspect any unauthorised use of your Account Details.
You confirm that:
(a) any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and
(b) you will at all times comply with these terms and conditions.
You agree that in using the Website you will not:
(a) use the Website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Website;
(b) use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;
(c) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;
(d) transfer files that contain viruses, trojans or other harmful programs;
(e) authorise, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Website;
(f) penetrate or attempt to penetrate the Website's security measures; or
(g) email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.
(h) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions and that they comply with them.
We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these terms and conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
Intellectual property
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights ("IPR") or the IPR of any third parties. We own or are licensed to use all IPR existing in, or in relation to, the Website and its contents. All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trade marks are owned by such third parties or their licensors.
You are permitted to download and print content from the Website solely for your personal use. Website content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of the Website for commercial exploitation in any circumstances.
Availability and content
We provide the Website on an 'as-is' basis and do not guarantee that the Website will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate the Website without notice at any time if we feel this is necessary (for example to perform upgrades or maintenance).
We provide the content on the Website in good faith but make no statement that any content is accurate complete or up-to-date, nor that the Website does not infringe the rights of any third party.
We accept no responsibility or liability for your reliance on the Website and any reliance is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Website, we accept no liability for them.
Links
We may provide links to other websites as part of the Website. You acknowledge that:
(a) we do not control such third party websites and are not responsible for their contents;
(b) we will not be party to any transaction or contract with a third party that you may enter into via such websites;
(c) we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and
(d) you agree that you will not involve us in any dispute between you and the third party.
You may not link to our Website or display the contents of our Website surrounded, framed or otherwise surrounded by material not origination from Nidra Mind without our prior written permission.
Uploading material to the website
Each time you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply in all respects with the content standards set out in the terms and conditions.
We will have the right to use, copy, distribute and disclose to third parties for any purpose any material which you upload to the Website.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
We have the right, without notice, to remove any material or posting which you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms and conditions.
Content standards
These content standards apply to any and all material which you contribute to the Website ("Contributions"), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable law in the UK and in any country from which they are posted.
(d) Contributions must not:
(e) contain any material which is defamatory of any person;
(f) contain any material which is obscene, offensive, hateful or inflammatory;
(g) promote sexually explicit material;
(h) promote violence;
(i) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(j) infringe any copyright, database right or trade mark of any other person;
(k) be likely to deceive any person;
(l) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(m) promote any illegal activity;
(n) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(o) be likely to harass, upset, embarrass, alarm or annoy any other person;
(p) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(q) give the impression that they emanate from us, if this is not the case; or
(r) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Liability
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
You have certain rights under law. These include that we will provide the Website with reasonable skill and care. Nothing in these terms and conditions is intended to affect these legal rights.
If we breach these terms and conditions we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into these terms and conditions.
We are not responsible for:
(a) losses not caused by our breach;
(b) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms of Use; and/or
(c) failure to meet any of our obligations under these Terms of Use where such failure is due to events beyond our reasonable control.
Transactions concluded through our website
If you are a consumer, you may make purchases of products on this Website for personal, domestic and non-commercial purposes. Contracts for the supply of goods made using our Website are on our terms of sale.
General
We may wish to transfer our rights or obligations or sub-contract our obligations under these terms and conditions to another other legal entity. You agree that we may do so provided that this will not adversely affect the standard of the service you receive under these terms and conditions.
In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these terms and conditions to another legal entity, your only rights under or in connection with these terms and conditions will be against the new legal entity and not against us.
These terms and conditions are personal to you. You may not transfer your rights or obligations under these terms and conditions to anyone else.
If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions. If any part of these terms and conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These terms and conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these terms and conditions.
We will do our best to resolve any disputes over these terms and conditions. If you wish to take court proceedings against us you must do so within the European Union. The laws of the European Union will apply.
These terms and conditions describe the basis for the purchase by you and sale by us of the goods described on www.nidramind.com (the Website) which we own and maintain.
These terms and conditions should be read alongside, and are in addition to, our Privacy Policy, which tells you how we use your personal information.
Placing an order
By placing an order on this Website, you confirm that you have read these terms and conditions and the Privacy Policy, and that you agree to them. You should keep a copy of these terms and conditions for future reference.
Each order that you place is an offer to buy those goods and we shall accept that offer at our sole discretion, but orders are normally accepted if:
(a) the goods are available;
(b) the order reflects our current pricing;
(c) the goods are for delivery to a destination within the countries delivered to; and
(d) your credit or account card is authorised for the transaction.
We will confirm receipt of your order through our automatic screen confirmation of the order and we may also follow this up with a confirmatory email. Please note that at this stage your order for goods may not have been accepted by us.
Formation of the contract
We will confirm our acceptance of your order for goods by sending you an email confirming that the goods have been dispatched ("Dispatch Confirmation").
The contract between us will only be formed when we send you the Dispatch Confirmation (the "Contract"). These terms and conditions, the Dispatch Confirmation and any other information relating to the goods which we have brought to your attention are incorporated into the Contract.
The Contact will only relate to those goods which have been confirmed in the Dispatch Confirmation and we will not be obliged to supply any other goods which you have ordered until we have sent you a separate Dispatch Confirmation in respect of such goods.
Prices
The price of the goods and our delivery charges (where applicable) will be as set out on the Website from time to time, except in the case of obvious error.
All prices on the Website include VAT.
We reserve the right to amend our prices and delivery charges at any time, but such changes will not affect any order for which we have already sent you a Dispatch Confirmation.
We are under no obligation to provide goods to you at an incorrect lower price, even once we have sent a Dispatch Confirmation to you, if the pricing error is obvious and unmistakeable and could have been recognised by you as an error.
Payment
We accept payment by credit card and debit card, as set out on the Website. Payment for the goods and related costs will be due at the time we accept your order. We will usually attempt to take payment once the goods are ready to be delivered or collected.
You confirm to us that you are authorised to use the payment method that you provide to us when placing your order. We may carry out security checking to confirm that this is the case.
If your payment method is not authorised, we may refuse to accept your order and we will not have any responsibility for the non-delivery of the goods.
We are also not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.
Delivery
Delivery of Nidra Mind products is at a cost depending on the weight of the order. Deliveries will be made by standard delivery of between 5-48 working days.
All delivery dates and times on the Website are given only for general guidance. In most cases we are able to deliver the goods to you within our estimated delivery times and, where we anticipate that this may be delayed, we will contact you to inform you of this delay.
We will fulfil your order by the date and time set out in the Dispatch Confirmation or, if no date or time is specified, within a reasonable period from the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Where the goods are to be delivered, we shall attempt to deliver the goods to the address you specify for delivery, or if none, to the address of the credit or debit card you supply. It is important that these addresses supplied by you to us are accurate.
We are unable to deliver goods to PO boxes or hotels. In most cases a signature will be required from you or the recipient on delivery.
If we are unable to deliver the goods to you, then we will be entitled to cancel the Contract and, if payment has already been taken, refund the cost of the goods to you.
If your parcel arrives damaged or opened, DO NOT accept it unless you open the parcel in front of the courier/postman to check and count contents, or reject the parcel as being damaged and have it returned to sender and notify us straight away.
We will be responsible for the goods until they have been delivered or have been collected by you. The goods will be at your own risk from this time, but you will not own the goods until we have received full payment of all sums due in respect of the goods, including any delivery charges, and the goods have been delivered to you.
Goods supplied are not for resale.
Guarantee
We promise that any goods purchased from us through the Website will, on delivery, correspond with their description, be of satisfactory quality and be reasonably fit for all purposes for which those goods are commonly supplied.
Cancellation
If you change your mind or for any other reason you decide you do not want to receive the goods, you have a legal right to cancel the Contract at any time from the date you receive the Dispatch Confirmation until the end of the fourteenth calendar day after the day you receive the goods from us. This cancellation right does not apply to any goods which have been opened and/ or used. Alternatively, you may prefer to our returns service as set out in our returns policy.
If you decide to cancel your Contract, you must contact our Customer Services team in writing by email or by letter. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
If the goods are delivered to you prior to or after you inform us that you wish to cancel the Contract, you must return the goods to us as soon as reasonably practicable, at your own cost. This does not apply if you are returning the goods because they are faulty or not as described. If you do not return the goods to us, we are entitled to collect the goods from you and to charge you for such collection.
Where you cancel your Contract, you have a legal obligation to keep the goods in your possession and to take reasonable care of them while they are in your possession. We recommend that you use a secure and trackable means of returning the goods to us and you insure your return, as you will be liable for any damage to or loss of the goods until we receive them.
A summary of this legal right to cancel and an explanation of how to exercise it are also provided in the Dispatch Confirmation. You cannot cancel the Contract or return the goods where the goods have been tampered with or used unless the goods are faulty or not as described.
Cancellations are not permitted for digital products.
Returns
If, once you have received or collected the goods, you decide you would like to return them to us, you may do so at your own cost at any time until 14 days after you have received the goods. You can return the goods to us by following the instructions set out in our Returns Policy.
You have a legal obligation to keep the goods in your possession and to take reasonable care of them until you have returned the goods to us or we collect the goods from you. You cannot return the goods where the goods have been tampered with or used unless the goods are faulty or not as described.
Returns are not accepted for digital products, print-on-demand items and gift cards.
Refunds
Where you have cancelled your Contract or returned goods to us in accordance with these terms and conditions, you will receive a full refund of the price you paid for the goods, and in the case of contract cancellation this refund will include any applicable delivery charges.
We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation or your intention to return the goods to us. We will refund you on the credit card or debit card used by you to pay.
Refunds are not accepted for digital products.
Liability
If we breach the Contract, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into the Contract.
We are not responsible for:
(a) losses not caused by our breach;
(b) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the Contract, for example loss of profits or loss of opportunity; and/or
(c) failure to provide the goods or to meet any of our obligations under the Contract where such failure is due to events beyond our control.
Our aggregate liability to you in connection with each Contract shall not exceed the value of the goods ordered by you under that Contract.
Nothing in these terms seeks to exclude or limit our liability for death or personal injury caused by our negligence, fraud or any other liability which cannot by law be validly excluded or limited.
If you breach the Contract and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Contract. If any part of the Contract is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract. Each Contract is personal to you and you may only transfer your rights or your obligations under a Contract to another person if we agree in writing. A Contract is not intended to give rights to anyone except you and us.
We will do our best to resolve any disputes over each Contract. If you wish to take court proceedings against us you must do so within the United Kingdom. The laws of England and Wales will apply.