terms & conditions

terms of sale (consumers)

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(2) Interpretation

In these terms of sale, “we” means Madar Corporation Ltd, trading as birthday oils (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) follow the instructions provided on the screens, you must provide a date of birth to select the product you wish to purchase (ii) then you must add the products you wish to purchase to your shopping cart, and give your consent to these terms of sale and privacy policy; by ticking the box that you have read these terms of sale and agree with them and then proceed to the checkout; (iii) you must select your preferred method of postage / delivery and confirm your order (iv) you will be transferred to the PayPal website, and PayPal will handle your payment; (v) you can then choose to return to our site where you will receive an initial acknowledgement of your payment for your order (please note: this is not an order confirmation or order acceptance from Madar Corporation Ltd trading as birthday oils; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract and will be dispatched) or we will confirm by email that we are unable to meet your order and process a refund.

For full information on the product precautions and general use information see the safety and information menu tabs at the top of the web page.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English. This contract shall be concluded in English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors. Firstly on our site, by using the ‘back’ button to edit your chosen date of birth entry. Secondly on the postage page you can also go ‘back’ and restart your choice of postage and when you have placed your order and have been taken to Paypal, you will be presented with your order and alongside will be edit and remove option buttons relating to your order, so that you may correct input errors before placing your order via Paypal.

(4) The products

Birthday oils are personalised blends of essential oils, based on a person’s birth date. They are aromatherapy blends created from the union between aromatherapy and an ancient Oriental energetics model.

(5) Price and payment

Prices for products are quoted on our website. The website contains a PROMO code facility for some purchases therefore we will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by credit or debit cards OR through a Paypal account.

Prices for products are liable to change at any time, but changes will not affect contracts, which have come into force.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

(6) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete;

(c) you will be able to accept delivery of the products;

[(d) you are resident in England or Wales or European Union

(e) you are at least 18 years of age.

 

Delivery policy

We will only deliver products within the United Kingdom and the European Union.

We will arrange for the products to be delivered to the address for delivery indicated in your order.

On ordering please provide an address where someone can receive the parcel. If the parcel is unable to be delivered to the stated address, Royal Mail will post a calling card notification where it can be re collected.

Please be aware that if the parcel is not collected during the stated period, it is deemed ‘not called for’ by the Post Office and will be returned to us. We may be charged for this return. If you require your parcel to be resent then the original delivery charge plus any charge to us for it being returned to us is applicable. If you require a refund, your parcel will be refunded minus the original delivery charge plus any charge made to us for its return.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 14 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. Any delivery timescales quoted to you are indicative only. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

(8) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

  1. “Cooling off” period

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

In order to cancel a contract in this way, you must give to us written notice of cancellation within 7 days beginning with the day after the day of delivery of the products, to:

Customer services

50 Hillbury Road
ALderholt
Fordingbridge
Hants
SP6 3BH

If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them, with the hygiene seal intact and labels affixed. We cannot accept responsibility for any parcels lost in transit and therefore we would recommend using a recorded delivery service for returns to us.

If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

(10) Statutory rights

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

Please see our returns policy for details on returning a product returns policy.

(11) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) Limitations and exclusions of liability

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights, which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(13) Exclusion of Warranties

Madar Corporation Ltd makes no warranties, expressed or implied that making birthday oils available in any particular jurisdiction outside of the United Kingdom is permitted under any applicable non-UK laws or regulations. Accordingly, if making birthday oils or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the United Kingdom, you must satisfy yourself that you are lawfully able to purchase the Products. Madar Corporation Ltd accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the United Kingdom or who are nominees of or trustees for citizens, residents or nationals of other countries.

(14) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use and copy write policy

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment; variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(15) About us

Our full name is Madar Corporation Ltd trading as birthday oils.

We are registered in England and Wales and our registered office is:

50 Hillbury Road
ALderholt
Fordingbridge
Hants
SP6 3BH

And our principal trading / geographical address is:

50 Hillbury Road
ALderholt
Fordingbridge
Hants
SP6 3BH

Our company email address is: pat@mysticmoments.co.uk

Our company registration number is: 08136100

Our VAT number is: 109966479

 

Privacy Policy

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

(1) What information do we collect?

We may collect, store and use the following kinds of personal information:

(a) information about your visits to and use of this website (including length of visit, page views, website navigation).

(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (including date of birth supplied, postal address supplied, email address supplied).

(c) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters.

(d) any other information that you choose to send to us; and

Third parties may use both “session” cookies and “persistent” cookies on this website. Session cookies to: keep track of you whilst you navigate the website; and persistent cookies to: enable our website to recognise you when you visit.

Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

  1. A third party we use is Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about the website use by means of cookies, which are stored on users computers.
  2. The information generated relating to our website is used to create reports about the use of the website. Google will store this information.
  3. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.
  1. Our payment services providers may also send you cookies. Paypal send a "session cookie" to your computer if and when you log in to your PayPal account by entering your email address and password or otherwise use the PayPal Services Once you log out or close your browser, these session cookies expire and no longer have any effect. Paypal also use longer-lasting cookies for other purposes such as to display your email address on log-in forms. You are free to decline paypal cookies if your browser permits, but doing so may interfere with your use of our website. Paypal may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes’.
  2. full details of paypals policy is available from:https://cms.paypal.com/uk/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Privacy_full&locale.x=en_GB

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.

  1. (3) Using your personal information

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

(a) administer the website;

(b) improve your browsing experience by personalising the website;

(c) enable your use of the services available on the website;

(d) process your order through our fulfillment agents to be able to send to you goods purchased via the website, and supply to you services purchased via the website;

(e) send statements and invoices to you, and collect payments from you;

(f) send you general (non-marketing) commercial communications;

(g) send you email notifications which you have specifically requested;

(h) send to you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)

(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;

(j) deal with enquiries and complaints made by or about you relating to the website; and

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

All our website financial transactions are handled through our payment services provider, PayPal. You can review the PayPal privacy policy at www.paypal.com. We will share information with PayPal only to the extent necessary for the purposes of processing payments you make via our website and dealing with complaints and queries relating to such payments.

(4) Disclosures

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this privacy policy, we will not provide your information to third parties.

(5) International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

Information which you provide may be transferred to countries, which do not have data protection laws equivalent to those in force in the European Economic Area.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to such transfers of personal information.

  1. (6) Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology via Paypal.

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

  1. (7) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy by email.

  1. (8) Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:

(a) the payment of a fee (currently fixed at £10.00); and

(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

We may withhold such personal information to the extent permitted by law.

You may instruct us not to process your personal information for marketing purposes, by sending an email to us. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.

  1. (9) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

(10) Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

  1. (11) Contact

If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email to pat@mysticmoments.co.uk or by post to Customer Services, Birthday Oils, 50 Hillbury Road, ALderholt, Fordingbridge, Hants
SP6 3BH, U.K.

(12) Data controller

The data controller responsible in respect of the information collected is; Madar Corporation Ltd, (trading as Birthday Oils).

We are registered in England & Wales under registration number: 08136100

Our registered address is our registered office:

50 Hillbury Road
ALderholt
Fordingbridge
Hants
SP6 3BH

And our principal trading / geographical address is:

50 Hillbury Road
ALderholt
Fordingbridge
Hants
SP6 3BH

You can contact us by email to: pat@mysticmoments.co.uk

Our VAT number is: 109966479