Terms and Conditions
This website is operated by NIGHT ADDICT ("we/us/our"). This page details the terms and conditions:
(i) of use of this website by you; and
(ii) on which we supply any goods listed on our website to you; and
1. Information about us
1.1 We operate the website nightaddict.global. We are WHISPERING SMITH a company registered in England and Wales under company number 07078309 and with our registered office at DTE House, Hollins Mount, Bury, Greater Manchester, BL9 8AT. Our main trading address is at 61 Great Ducie Street, Manchester, M3 1RR . Our VAT number is 121 8281 37.
2. Access and use
2.1 We reserve the right to withdraw or amend the service we provide on our website ("Site") without notice. Whilst we will endeavour to ensure that the website is normally available 24 hours a day we cannot guarantee continuous, uninterrupted use. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control, we will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site, to users of the Site.
2.2 Brave Soul ltd grants you a limited licence to access and make personal use of this website, but not to download extracts [other than for your own personal use] or modify it, or any portion of it, except with our express written consent.
2.3 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You are prohibited from posting or transmitting to or from the Site any material which is threatening, defamatory, obscene, offensive, inflammatory or which may cause annoyance or inconvenience or which infringes a third party's rights or is contrary to law.
2.4 When you register with us and where we have given you (or you have chosen) a password, you are responsible for keeping the password confidential. You are responsible for all activities which occur under your customer ID and password, save where such activities occur as a result of our negligence.
2.5 You may not post or transmit to or from the Site any material which is technically harmful including without limitation, computer viruses, worms, trojan horses or corrupted data..
2.6 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
2.7 Certain links on this site lead to web sites which are not under our control. We do not accept any responsibility for any material on any web site which is not under our control. If you decide to access any third party website from our site then this is done entirely at your own risk.
2.8 By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old; and
(c) you are resident in the UK.
2.9 We do not accept orders from addresses outside the UK and Channel Islands.
3. Intellectual property
3.1 All intellectual property rights (including without limitation trade marks and copyright) in the design, content and arrangement of this Site, its text and graphics, all software compilations or underlying source code, and all other material on this Site are reserved to us, our group companies or our content and/or technology providers. Brave Soul ltd and all other names, images, pictures, logos and icons identifying us or our services are trade marks or trade names of Brave Soul ltd. Other product and business names mentioned on this site are the property of their respective owners.
3.2 The material and content contained within this website is made available for your non-commercial, personal use only and you must not download such material and content other than strictly for the purpose of using this website. Any other use of the material and content of this website is strictly prohibited. If you breach this provision then your licence to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Other than as set out in these terms no part of the Site may be reproduced or stored in another website or included in any public or private electronic retrieval system or service without our prior written permission.
3.3 Any rights not expressly granted in these terms are reserved.
4. The contract between us
4.1 The goods displayed on this website and information about the goods and the price are an invitation to place an order only and not an offer to buy.
4.2 An order is placed when you click the "Place Order" button on our order form and the placing of such order will constitute an offer by you to purchase the goods subject to these terms and conditions. You should review the order and correct any incorrect details before pressing the "Place Order" button.
4.3 When you place an order with us we will treat it as an offer to purchase goods from us. After placing an order for goods, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
4.4 All orders are subject to acceptance by us. We must receive payment of the whole of the price for the goods that you order before your order can be accepted and we will confirm such acceptance by sending you an email that confirms that the goods have been dispatched (Dispatch Confirmation).. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation..
4.5 Acceptance of your order is subject to the availability of the goods in question. If we do not have your goods in stock, we will send you an email to advise you of our best estimate of availability at the time you place your order. This is an estimate only and may be subject to change at any time without notice. The Contract will relate only to those goods whose dispatch we have confirmed in the Dispatch Confirmation.
5. Price and payment
5.1 Subject to clause 5.2 below the prices payable for goods that you order are as set out in our website at the time when you place your order. All prices are in pounds sterling and include VAT.
5.2 Although we try and ensure the prices on our website are accurate, there may be times where we make an error. If we discover such an error, we will contact you by email and give you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel the order, you will be refunded any price you have already paid.
5.3 Prices include VAT, if the rate of VAT changes between the date of your order and the delivery date we will adjust the rate unless you have paid for the goods in full before the change in VAT takes effect.
5.4 You can pay by any major credit card or debit card. We will take payment from your card at the time we receive your order. When you enter your credit card details, you agree for the invoice sum to be debited from your card. We will refund any amount for goods that you have ordered and which we do not have in stock when we send you the Dispatch Confirmation. Refunds will be made via the same method the payment was taken. [Payment transactions will be encrypted [using SSL technology].
6. Cancellations and returns
6.1 Cancellation under the Consumer Protection (Distance Selling) Regulations 2000:
6.1.1 You may cancel your contract with us for the goods you order at any time within seven (7) working days from the day after you receive the ordered goods ("the Cooling Off Period") for a full refund.
6.1.2 If you have received the goods before you cancel your contract then you must send the goods back to us.
6.1.3 You will be liable for the cost of returning the goods to us.
6.1.4 Once you have notified us that you are cancelling your contract, we will issue a full refund as soon as possible and in any event within thirty (30) days of the day on which you gave us notice of cancellation of your order.
6.1.5 You must exercise reasonable care to ensure that returned goods are received by us in the condition they were in when delivered to you.
6.1.6 To cancel your contract you must notify us in writing or send us an email to customercare@BraveSoul.co.uk
6.2 Cancellation after the Cooling Off Period:
6.2.1 If for any reason you are not satisfied with the goods you have ordered after the Cooling Off Period has expired you may return the goods to us within fourteen (14) days of delivery for a refund, we will not refund delivery charges.
6.2.2 To cancel your contract you must notify us in writing or send us an email to customercare@BraveSoul.co.uk.
6.2.3 You must return the goods to our returns address at your own cost and risk and in the same condition in which you received them.
6.2.4 You will be liable for the cost of returning the goods to us.
6.2.4 Once you have notified us that you are cancelling your contract, we will issue a refund as soon as possible and in any event within thirty (30) days of the day on which you gave us notice of cancellation of your order PROVIDED THAT the goods in question are received by us before such date in the condition they were in when delivered to you.
6.3 Cancellation where the goods are faulty:
6.3.1 If the goods supplied are faulty or defective, other than as a result of your negligence, fair wear and tear, accident, misuse or wilful damage, you must notify us of the problem within seven (7) working days of delivery where the fault or defect is apparent from a reasonable inspection or thereafter as soon as possible after the defect or fault becomes apparent.
6.3.2 You must notify us by email to email@example.com and return the goods to us at our contact address.
6.3.3 Upon receipt of the goods we will examine the goods for defects and if the goods are found to be faulty or defective, other than for the above reasons, we will notify you of your refund via email within a reasonable period of time. We will normally process your refund within 30 days of the date we confirmed that you were entitled to receive a refund.
6.3.4 We will refund the price of defective goods in full including any applicable delivery charges.
6.4 Refunds will be made via the same method the payment was taken. Credit card companies may take a few days to process any refund after receiving instructions from us.
6.5 We are not able to offer exchanges on any goods.
6.6 Your rights under law are not affected by this policy.
7. Delivery of goods to you
7.1 We will deliver the goods ordered by you to the address you give us for delivery. We are only able to deliver to addresses in mainland UK. Delivery will be by a courier of our choice.
7.2 There are several delivery options available to you. Delivery will be made as soon as possible after your order is accepted and in any event within 28 days of your order unless there are exceptional circumstances including but not limited to those set out in clause 11. Delivery timescales are estimates only and we will not be liable to you for any delay in you receiving your goods.
7.3 You will become the owner of the goods you have ordered when we receive full payment of all sums due in respect of the goods including delivery charges Risk in the goods will pass to you, when the goods are delivered to you or when we first attempt to deliver goods to you and we will not be liable for their loss or destruction.
7.4 We reserve the right to deliver the goods in instalments and in such event each instalment shall be treated as a separate contract and delivery of further instalments may be withheld until the goods comprised in earlier instalments have been paid for in full.
8.1 We will use our reasonable endeavours to ensure that descriptions and photographs represent correctly the products available. As it is our policy to continually improve products, methods and materials, we reserve the right to change specifications from time to time. Please note that colours may be affected by technology used to access it and so some variation in colours may occur.
8.2 Basic washing instructions are provided online on the main product description page, and will state whether an item is machine washable, dry clean only or hand wash only. These instructions are a guideline only and you should always refer to the specific care labels inside the goods, which detail the washing instructions for that individual item.
9.1 Nothing in these terms and conditions excludes or limits our liability in respect of any rights you might have under applicable local law or other statutory law that may not be excluded nor excludes or limit our liability to you for any death or personal injury resulting from our negligence for fraudulent misrepresentation or any other liability that may not be excluded or limited under applicable law.
9.2 We warrant to you that any goods purchased from us through our website will on delivery be of satisfactory quality, will match their description in all material respects and will be reasonably fit for the purpose for which such goods are commonly supplied.
9.3 We will not be liable to you for any:
(a) consequential loss, special or indirect loss or damage; and/ or
(b) loss of business use, profit, anticipated profit, contracts, revenues, goodwill, productivity or any anticipated savings; suffered or incurred by you arising out of or in connection with these terms and conditions howsoever arising.
9.4 In any event, subject to 9.1 above, our total aggregate liability (in contract, tort or otherwise) arising out of the supply of goods shall not exceed the amount paid or payable by you for the relevant goods.
9.6 We are providing this web site and its contents on an "as is" basis. Other than as expressly provided in these terms and conditions, all warranties, conditions or other terms implied by statute or common law with respect to this web site or the information, content, materials or products included in this site, are excluded to the fullest extent permitted by law. In addition we do not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.
9.7 Nothing in these terms and conditions will affect your rights as a consumer under law.
10. Transfer of rights and obligations
10.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, at any time during the term of the Contract.
11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
11.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 below.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing by email to firstname.lastname@example.org and all notices from us to you will be displayed on our website from to time. Notices will be deemed to be received by us 24 hours after your email is sent.
13. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
If any provision of these terms and conditions is found by any competent authority or a court of law to be invalid or unenforceable to any extent for any reason that term will to that extent only be severed from the remaining terms and the remainder of these terms and conditions shall continue in full force and effect.
17. Third party rights
A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
18. Our right to vary these terms and conditions
18.1 we have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting out business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities].
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Entire agreement
21. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes or claim arising out of or in connection with the Contract.