TERMS AND CONDITIONS
Thank you for visiting the Breathe & Be Incense website.
These terms and conditions are effective from 4th March 2019 until further notice and will be reviewed and updated monthly. These terms and conditions apply to: a) any orders made using our website, b) any orders made in writing and c) any orders made verbally. In fact, they apply to all orders.
WHO WE ARE
Our Company Name is Breathe & Be Incense. Our Registered Office is PO Box 179 Bristol, BS8 2AG.
Our Postal Address is: Breathe & Be Incense, PO Box 179 Bristol BS8 2AG.
Your card payment will be made through STRIPE, using their own secure server.
Breathe & Be Incense will process your order promptly and will deliver according to the terms set out in the delivery area of the site. In the unlikely event that any of the products are not in stock, delivery may be delayed. We will keep you informed via email of the progress of your order. Breathe & Be Incense delivers in the UK & Worldwide. All delivery costs are automatically calculated at checkout.
At Breathe & Be Incense we are certain that you will be very happy with your purchase. If for any reason that you are not, we can offer an exchange for a product of the same purchase price (items must be returned within 7 days of receipt) or a refund. If you wish to return any items purchased on our website, in the first instance fill in the contact form and write a short message regarding your reasons for wanting to return our product – this will allow us to respond to you in person, by email and assess whether you require a replacement, an exchange or a refund. If a product does need returning, please send it in its original packaging, marked returns to the above address.
Please Note – Items must be in original condition unused and in original packaging including all labels still attached. All returns must be sent to to the above postal address, using Royal Mail recorded or special delivery service – please use returns label supplied on this link. Breathe & Be Incense cannot be held responsible for losses due to the postal system. If your goods are faulty we will offer you a full refund. Please note that delivery charges are not refundable. This returns policy does not affect your statutory rights.
If you wish to return your item we advise you do so via recorded delivery. This will ensure that your order reaches us safely and if it does get lost it can be traced and we can process your refund/exchange. However if you do choose to use a standard service which may mean your order cannot be tracked we cannot be held responsible for your lost order therefore we will be unable to process your claim. If in the unfortunate event you receive a faulty/damaged item, please contact us via our contact form in the first instance.
Breathe & Be Incense reserves all rights to its trademarks, service marks and logos.
Except where otherwise specified, the contents of the Breathe & Be Incense website are copyright (c) 2019. All rights reserved.
The contents of the Breathe & Be Incense websites are subject to protection under U.K. and foreign copyright laws. You may not copy or distribute any portion of Breathe & Be Incense websites, except as necessary to view the website.
Our business is located in England and governed by English law and the exclusive jurisdiction of the English courts will apply.
We reserve the right to change the T&C and to discontinue any product at any time.
Your privacy and data is of utmost importance to Breathe & Be Incense, we do not store or pass your details onto third parties.
REVIEW OF THIS POLICY
This Terms & Conditions Policy was last updated in August 2019
TERMS AND CONDITIONS WORKSHOPS
The following terms and conditions apply to all companies and or persons or other entities (“you”) that are attending any workshop (“Workshop”) organised by Breathe & Be Incense (“we” or “us”). These terms and conditions are effective from 4th March 2019 until further notice and will be reviewed and updated monthly.
Please ensure you have read and understand the following:
1. Acceptance of terms and conditions
By booking and paying in full for a workshop, you are agreeing to the terms and conditions set out below (“Terms”).
The fee for attending the Workshop (“Registration Fee”) will be as stated on the website. All payments for the Workshop must be made in full at the time of booking and in any event prior to the date of the Workshop. Card payment will be made via Stripe.
Workshops are non-refundable, non-transferable except as set out in paragraphs 4 and 5 below.
There may be circumstances in which we need to cancel the Workshop. In such circumstances, we will provide you with a full refund of the amount you have paid to us and we will endeavour to provide you with such refund within 7 days of the date of cancellation.
5. Postponement or change to venue
There may be circumstances in which we need to postpone the Workshop or change the venue at which Workshop is to be held and if we do, we shall advise you of this as soon as we possibly can.
6. Liability and Disclaimer – important, you must read this
Our sole liability in relation to any cancellation shall be limited to the price paid by you for such Workshop and we shall not be liable under any circumstances for any consequential losses.
7. Your obligations
If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the Workshop, you will be required to leave the Workshop and we shall not be liable to refund you any other payment.
You must comply at all times with the health and safety policy of the venue. You must comply with all requests from us or the venue with regard to health and safety and failure to do so will result in you being asked to leave the workshop (in which case no refund will be provided). You may not bring any equipment or items of a hazardous or dangerous nature to the Workshop.
You shall not cause any damage to any part of the venue (including outside areas, and all inside walls, flooring, fixtures and fittings). You are solely liable for any damage caused by you to any such area of the venue and shall fully reimburse us in relation to any damage so caused.
You must keep your personal belongings with you at all times and we accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the Workshop by you.
8. Promotional materials and materials at the Workshop
You agree that we may include your details in any promotional materials relating to the Workshop and/or any materials used at the Workshop. We are not liable for errors or omissions contained in such information.
Unless otherwise stated, the copyright for any materials used at the Workshop (including notes, slides, articles) belongs to us and may not be reproduced in any medium without our prior written consent.
We reserve the right to change the published programme (including the guest speakers) or materials as we think fit.
Materials and equipment are included in the price.
9. Photography and filming
We may wish to photograph or film the Workshop and reserve the right to do so for the purposes of promoting future workshops or otherwise. You consent to us (or any other person attending the Workshop) photographing or filming you and any persons attending the Workshop with you. You may not photograph or video the Workshop without our prior consent.
10. Data protection
We will communicate with you using the contact details provided for the purposes of the Workshop.
We do not send you tickets for the workshop. We will have your name on the attendee list.
12. Duration of the Workshop
Our one day workshop runs from 10-4pm. The venue will be open from 9.30am to give you time to check-in and be settled to commence on time. There will be refreshment breaks and a lunch break.
13. Travel, accommodation and refreshments
You shall be responsible for making and paying for your own travel and accommodation arrangements to and from the Workshop. If you are late at the workshop or prevented from attending the Workshop due to travel delays or any other circumstances, we shall not be obliged to provide you with a refund or to wait to start the Workshop until you arrive. Lunch and light refreshments shall be provided.
14. Disability, medical conditions and dietary requirements
If you have any disability or medical condition that requires us to make special arrangements for you or any special dietary requirements, please email us at firstname.lastname@example.org
These Terms shall be governed by English Law and your hereby submit to the exclusive jurisdiction of the English Courts.
REVIEW OF THIS POLICY
This Terms & Conditions Workshops Policy was last updated in August 2019
TERMS AND CONDITIONS PURCHASE OF GOODS (STOCKISTS)
APPLICATION AND ENTIRE AGREEMENT
These terms and conditions are effective from 4th March 2019 until further notice and will be reviewed and updated monthly.
Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from Breathe & Be Incense _______________ of _______________, _______________ (we or us).
These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
Words imparting the singular number include the plural and vice-versa.
The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
MINIMUM ORDER QUANTITY (MOQ)
The minimum order quantity is £120- or 24 pieces.
AGREEMENT IN-STORE SALES ONLY
Breathe & Be Incense Brand agreement is for in-store sales only and that on-line sales of Breathe & Be Incense at present is exclusively for the founding business.
Breathe & Be Incense will review this regularly and upon changes the buyers (you) will be informed and new agreement and T&C will be updated.
The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
Any increase in the Price under the clause above will only take place after we have told you about it.
You may be entitled to discounts. Any and all discounts will be at our discretion.
The Price is exclusive of fees for packaging and transportation / delivery which will bedded onto your invoice.
The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
CANCELLATION AND ALTERATION
Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
Payment is required in FULL before the Goods are delivered via Bank Transfer into Breathe & Be Incense Business Account (details on invoice).
OR Upon agreement in advance from us, we will invoice you for the Price either:
on or at any time after delivery of the Goods; or
where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.
You must pay the Price within 14 days of the date of our invoice or otherwise according to any credit terms agreed between us.
You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you.
If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
Time for payment will be of the essence of the Contract between us and you.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.
INSPECTION AND ACCEPTANCE OF GOODS
You must inspect the Goods on delivery or collection.
If you identify any damages or shortages, you must inform us in writing within 2 days of delivery, providing details.
Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
We will be under no liability or further obligation in relation to the Goods if:
if you fail to provide notice as set above; and/or
you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
the defect arises from normal wear and tear of the Goods; and/or
the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
You bear the risk and cost of returning the Goods.
Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 7 days after delivery.
RISK AND TITLE
The risk in the Goods will pass to you on completion of delivery.
Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
Breathe & Be Incense will review with the buyer (you) our Terms & Condition every three months.
During the first three months when reviewed Breathe & Be Incense and the buyer (you) will agree a further fixed term agreement.
OR during the first three months when reviewed Breathe & Be Incense and the buyer (you) will agree to terminate the contract.
We can terminate the sale of Goods under the Contract where:
you commit a material breach of your obligations under these Terms and Conditions;
you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
LIMITATION OF LIABILITY
Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
any indirect, special or consequential loss, damage, costs, or expenses; and/or
any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices will be deemed to have been duly given:
when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
on the fifth business day following mailing, if mailed by national ordinary mail; or
on the tenth business day following mailing, if mailed by airmail.
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection are specified in its Data Protection Policy, which can be found Website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: email@example.com.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
LAW AND JURISDICTION
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
REVIEW OF THIS POLICY
This Terms & Condition Purchase of Goods (Stockists) Policy was last updated in August 2019