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Terms & Conditions | Terms & Conditions of Sale

Welcome to the 'uk.spacenk.com' website (the 'website'). This website is owned and operated by Space NK Limited ('Space NK' or 'us' or 'we'). Registered office: 5th Floor, Shropshire House, 11 - 20 Capper Street, London, WC1E 6JA, Registered number: 2773985 (England and Wales), VAT number: 606138363. If you want to ask us anything about these terms & conditions or have any comments on or about our website, please email our customer services team at customer.services@spacenk.com.

These terms & conditions incorporate our privacy policy and set out the basis on which you can visit and use the Space NK website. Please read them carefully as they contain important information.

OWNERSHIP OF RIGHTS

All rights, including copyright, in this website are owned by or licensed to Space NK. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this website for any purpose.

PRICING POLICY

We have taken great care in the preparation of the content of this website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on this website. All prices are displayed including VAT and exclusive of delivery charges. The total cost of your order is the price of the merchandise ordered plus VAT at the current rate and delivery charges as set out in the delivery options section of this website.

MISPRICING
Despite our best efforts, a small number of items in our catalogue are mispriced, either in print, email or on the website. Rest assured, however, that we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. Excludes Sale purchases. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation. We do not charge your credit or debit card until we dispatch your order. Items in your Shopping Basket will always reflect the most recent price displayed on the item's product detail page.

PRICE MATCHING
Space NK does not price-match with other retailers. We do, however, consistently work toward maintaining competitive prices on everything we carry.

VAT
UK VAT has now been increased from 17.5% to 20% and our prices have been amended to reflect this increase.

 

In line with our new pricing policy, all prices include VAT (where applicable). Prices may therefore be displayed at a higher or lower price than previously stated. UK VAT will be removed and your local taxes, duties and charges will be added. The total for your order is confirmed at the checkout stage, before you proceed to pay and compete your order.

ACCURACY OF CONTENT

The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the website. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Space NK disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We are not responsible for the content of any off-website pages or any other websites linked to or from this website. Links appearing on this website are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website, in any off-website or in any linked websites.

LEGALLY BINDING CONTRACT

Please remember that when we accept your submitted order for merchandise on this website, there will be a legally binding contract.

COMPLAINTS

Space NK is committed to providing quality service to our customers and we hope that you're pleased with any purchase you've made or service you've received from us, and that you'll never have reason to complain, but if there is something you're unsatisfied with, we'd like you to tell the relevant Space NK team about it. All feedback is taken seriously, as it presents us with an opportunity to put things right and improve our standards.

If you're in one of our stores, please speak to the store manager about your complaint. Alternatively, if your complaint relates to an online order or website experience, please call us on the Customer Services number 020 8740 2085 or email customerservices@spacenk.com.

If your complaint relates to an item purchased in one of our stores or an experience there, please call the store directly and ask to speak to the manager who will happily assist you and attempt to resolve the issue. Contact details for our shops can be found here. If you call us, we'll attempt to resolve your complaint while you're on the phone. If this isn't possible, the adviser will agree a course of action with you and a timeline. If you email us, we aim to acknowledge, investigate and resolve all complaints within two working days of receipt. If you write to us here we will endeavour to respond to all letters within 14 working days of receipt.

For all purchase related complaints please be sure to provide full details including receipt information or order reference number, your full name and address, contact details and N.dulge membership number, in order for us to assist you as quickly as possible.

PRIVACY POLICY

Space.NK values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to our website and your use of any of the services or features we provide is subject to our terms and conditions of which this privacy policy is part. you will be asked to register if you would like to use some of the services and features we offer on our website. In order to register you will have to provide details including your name, address, telephone number and email address. When you register with us your information is stored in 'my account'. You can access 'my account' directly to amend any personal details, for example if you change your address. If you wish to place an order on our website you will also be required to provide credit or debit card details.

We use the latest strong encryption technology to ensure that all transactional information is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. When you give us information, it may be used for:

  • Administration Of Our Site:
    The information you give us is necessary to enable us to fulfill your order, make sure it is delivered correctly and to maintain your account.
  • Customer Service:
    We ask for your contact details, such as your email address and telephone number, to enable us to answer any questions you have about using our website and to notify you about the status of your order.
  • Direct Marketing:
    We want to keep you up to date on our latest products, promotional offers and events. If you have agreed when you registered, we can inform you about these and other services and events we offer by email, post or telephone. You can also choose when registering to receive such information from other carefully selected companies.
    You will not be sent any unsolicited material unless you indicate that you want to receive details about products, offers and events etc. when you register. We do not provide your personal details to other companies or individuals for their marketing purposes unless you have indicated when you registered that you wish to receive information about other companies products, offers and services. From time to time we retain the services of other carefully selected and monitored companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this website. Examples of these functions would include the processing of data to process your order and maintain your account including the authorisation and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc. These companies or individuals may be provided with access to your personal details in order to fulfill their function but may not use such information for any other purpose.
  • Cookies:
    We use cookies on our site to provide a better user experience.
    • Order Processing Cookies - The Space NK online ordering system uses cookies to record a unique reference on your computer. This means that we can recognise your computer when you access uk.spacenk.com and log into your account with your user name and password. We will not use cookies without your prior consent so you have the option of choosing whether or not you would like our website to remember your details before you enter the delivery options section of our ordering process. The use of cookies allows us to remember the goods that you placed in your shopping bag and saves you having to enter the basic contact information that you provided us with on setting up your Space NK account. Our cookies do not remember your credit card details. You may experience technical difficulties in using our website if you have disabled cookies. If you have disabled JavaScript you will not be able to use this website. You can alter your cookie and JavaScript settings in your browser's preferences which is usually found in the Edit menu.
    • Site Analytics Cookies - We use analytic cookies on our site to better understand how our customers are using our site so we can continually improve and optimise.
  • Data Protection:
    Space.NK complies with and is registered under the Data Protection Act. You may see the personal data that we hold on you by sending a £10 fee and a written request to:
The Company Secretary
Space NK Limited
5th Floor
Shropshire House
11 - 20 Capper Street
London, WC1E 6JA

 

Space.NK is committed to protecting the information we collect from you, which we use to enhance your experience of using our site and to provide you with the merchandise and services you request from us. The above section of our terms & conditions comprises our privacy policy and enables you to understand how we retain and use your personal information. You can at any time change and update the information you have provided by logging into 'my account'.

LEAVING A REVIEW

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Space NK (the "CRR Service"). To the extent of any conflict between Space NK's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service. By submitting any content to Space NK, you represent and warrant that: • you are the sole author and owner of the intellectual property rights thereto; • all "moral rights" that you may have in such content have been voluntarily waived by you; • all content that you post is accurate; • you are at least 13 years old; • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content: • that is known by you to be false, inaccurate or misleading; • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; • for which you were compensated or granted any consideration by any third party; • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; • that contains any computer viruses, worms or other potentially damaging computer programs or files. You agree to indemnify and hold Space NK (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant Space NK a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. All content that you submit may be used at Space NK's sole discretion. Space NK reserves the right to change, condense or delete any content on Space NK's website that Space NK deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Space NK does not guarantee that you will have any recourse through Space NK to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Space NK reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Space NK, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Space NK, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. By submitting your email address in connection with your rating and review, you agree that Space NK and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

DAMAGE TO YOUR COMPUTER

Space.NK makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Space NK will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

LIMITATION OF LIABILITY

Space.NK makes no representations or warranties in connection with this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable. To the fullest extent permissible Space NK will not be liable for interruption of business; loss or damages of any kind incurred as a result of dealings with or the presence of the website or off-website links; access delays or access interruptions to the website; computer viruses, system failure or any malfunction which may occur in connection with your use of our website; any inaccuracies or omissions or misleading, false or deceptive statements in the content; or, any events beyond Space.NK's reasonable control. Furthermore, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, consequential or other damages of any kind related to your use of the website and in no event shall our maximum aggregate liability exceed one hundred pounds sterling.

 

EXCLUSIONS OF LIABILITY

Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Space NK or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by English law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

SUBMISSION OF INFORMATION

We welcome your inquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any inquiries, feedback, suggestions, ideas or other information you provide to us ('information') will be treated as non-confidential and non-proprietary. Subject to our privacy policy, by providing us with any such unsolicited information you hereby grant Space NK a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead Space NK as to the origin of the information submitted and you agree to indemnify Space NK and hold Space.NK harmless from and against any claims arising from your claims and/or any third party´s claims to any rights in any such information.

 

INTELLECTUAL PROPERTY

The trade marks, logos and service marks ('intellectual property') displayed on our website are the registered and unregistered marks of Space NK, our affiliates, our licensors and/or our suppliers in the UK, US and other countries and are protected by UK and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.

 

MEMBERSHIPS

Space NK is a member of the Direct Marketing Association and is required to operate within its rules.

 

NON-WAIVER

No failure to exercise and no delay on the part of Space NK in exercising any right, remedy, power or privilege of Space NK under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Space NK.

 

OTHER LEGAL NOTICES

There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.

 

CHANGES TO LEGAL NOTICES

We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.

 

LAW, JURISDICTION AND LANGUAGE

This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

N.DULGE LOYALTY PROGRAMME TERMS AND CONDITIONS

The following Terms and Conditions (the 'Terms') apply to and govern the Space NK Loyalty Programme promoted and operated by Space NK apothecary ("Space NK", "we", "us", 'our').

  1. These Terms together with our website Terms and Conditions (uk.spacenk.com) and the privacy policy therein (uk.spacenk.com) apply to the Space NK Loyalty Programme (the 'Programme'), and your use of the Space NK Programme card (the 'N.dulge Card') and govern the relationship between Space NK and you. Your membership of the Programme entitles you to use your N.dulge Card at any UK/ROI Space NK retail store and at uk.spacenk.com (online transactions currently unavailable for ROI members or Euro cardholders). Applying for, or using, a Space NK N.dulge Card will constitute acceptance of these Terms. You must therefore read them carefully.
  2. All Programme applicants must be individuals aged 16 years or older. Once approved we will activate your N.dulge Card and you will become a member ('Member'). All Members must register their card with a valid postal and email address online at uk.spacenk.com/ndulge, (Online registrations currently unavailable for ROI members or Euro cardholders) when we will consider and may approve your application. Change of either postal address or email address must be notified to us. We may refuse an application for any good reason. Members will be able to update their personal details online at uk.spacenk.com/ndulge(Currently unavailable to ROI members).
  3. You can apply for an N.dulge Card free of charge at any UK Space NK store and online at uk.spacenk.com/ndulge Online application is currently unavailable for Euro cardholders. Your Space NK N.dulge Card is issued by, and remains the property of, Space NK apothecary, 5th Floor Shropshire House, 11-20 Capper Street London WC1E 6JA. Registered number: 2773985 (England and Wales), N.dulge Cards must be destroyed or returned to us on request when no longer valid for use.
  4. Members cannot add money to their card; it is a promotional loyalty card and not a cheque guarantee card, debit card or credit card. You cannot transfer your N.dulge Card or any of the stored points on it to any other person. The Programme is only for personal, household and consumer use, points can only be earned, held, transferred or redeemed as set out in these Terms, or in the terms relating to any promotions and point offers related to the Programme, and may not be earned, held, transferred, redeemed, or otherwise traded in any other way.
  5. We reserve the right to suspend or to terminate any Member's Programme account, if in our sole discretion we consider that the Member has breached the Terms or if the Member has supplied false or misleading information, or if we consider that the Member has acted improperly or in an abusive, defamatory, criminal, or offensive way to any other Member or to our staff.
  6. Members will accumulate points on their N.dulge Card when they make qualifying Space NK purchases. Each time that 100 points is earned a reward (an 'N.centive') is granted, and the relevant 100 points will then be considered to have been used up and will be deducted from a Member's Programme account. The N.centive will then only remain valid for 3 months from the date at which they were granted, after which time they will also expire. Once N.centives have expired they may not be used to make Programme purchases.
    The value of the N.centive that is awarded for each 100 points will depend upon the Tier that the Member falls within:
    1. Tier 1 / N.dulge:
      Where Members have not been upgraded to Tier 2 they will be considered to be within Tier 1 and will be entitled to make Programme purchases with their points worth an equivalent of £5.00 or €5.00 for every 100 points earned.
    2. Tier 2 / N.dulge de luxe:
      Where Members N.dulge Cards first record that they have spent £1000.00/€1000.00 or more within a 12 month period, or less, they will be upgraded to Tier 2 for a year from that date.
      Whilst they are in Tier 2, Members will be entitled to make Programme purchases with their points worth an equivalent of £10.00 or €10.00 for every 100 points earned, for the duration of that year.
      If within that year the Member spends a further £1000.00 or €1000.00, then they will remain within Tier 2 for the duration of the next year.
      If the Member does not spend a further £1000.00 or €1000.00 within that year, then they will automatically revert back to being within Tier 1 at the end of that year and their spending history up until that date will no longer count towards a Tier upgrade.
  7. The following terms shall apply to every Member's accumulation and use of N.dulge points:
    • only one N.dulge Card may be used per transaction;
    • points expire after 12 months;
    • if a Member is given a refund or other financial adjustment on any transaction, the points awarded on the transaction will be adjusted accordingly;
    • points can only be applied retrospectively where sufficient evidence of a purchase is provided up to a maximum of 7 days after the purchase was made and at Space NK’s sole discretion, where points are awarded retrospectively they will be considered to be valid from the point at which they are applied (rather than the date of purchase);
    • you can check the points balance on your N.dulge Card at any time online (currently not available for Euro cardholders);
    • the N.dulge Card cannot be used in conjunction with any other discount or privilege card whether issued by us or by any third party;
    • we may not credit your card with the points from any given transaction until up to 5 working days after the transaction; and,
    • points have no cash value;
    • when purchasing online, points will be issued to the specified N.dulge account on order dispatch and not on order confirmation;
    • the maximum points issuance per transaction cannot exceed 5000.
  8. The following terms shall apply to the redemption of any N.centives:
    • Members can redeem N.centives in store and online (online redemptions currently not available for ROI customers) upon reaching the qualifying level;
    • N.centives may be used as part or full payment both in Space NK stores and online (online N.centive payment currently not available for ROI customers). If the product purchased is valued less than the equivalent amount of N.centives, then the remaining N.centives and point balance will be left on the card;
    • Only one N.dulge Card can be used per transaction when redeeming N.centives;
    • Online, N.dulge points will not be accrued for the portion of the order paid for with N.centives; and,
    • any refund of items purchased using N.centives will be made by crediting the applicable amount of points back onto the N.dulge Card; and,
    • points may not be redeemed for cash under any circumstances;
    • when purchasing online, N.centives will be redeemed from the specified N.dulge account immediately at point of order confirmation;
    • N.dulge membership accounts cannot exceed a total N.centive balance of £1002 at any one time.
  9. The number of points earned from a purchase or required to qualify for a particular purchase may vary from time to time at our sole discretion.
  10. Points will be awarded when purchasing Gift Cards/Gift Vouchers. Points will not be awarded on Gift Card / Gift Voucher redemptions. N.centives (rewards) cannot be used to purchase Gift Cards / Gift Vouchers.
  11. Space NK employees, sub-contractors and /or their agents, may not participate in the Programme.
  12. Members may use their UK (GBP) N.dulge Card in the UK and their IRE (EUR) card in the Republic of Ireland.
  13. We may terminate any Member's Programme account should the account be inactive for a period of sixteen months or more. Any points that were accredited to a Member's Programme account will be lost if the Member's Programme account is terminated or the Programme is closed. A Member can terminate his or her Programme account at any time online at uk.spacenk.com/ndulge or by notifying us by email (termination online is currently unavailable for Euro cardholders).
  14. Members will receive regular email updates of their points and rewards balance. Account information will also only be available to Members online at uk.spacenk.com/ndulge (currently unavailable to Euro cardholders). We will correct an account if it is shown to our reasonable satisfaction to be wrong but, unless there are clear records showing this, our decision is final.
  15. Points are personal to an account and cannot be transferred or combined with another account to redeem a reward.
  16. Members will also receive additional rewards ("Benefits") which will depend upon whether they are deemed to be in Tier 1 or Tier 2 (above). Benefits will be provided subject to availability. Benefits may be subject to additional terms and conditions, and, when applicable such terms and conditions will be made available to Members from time to time in correspondence, and/or in store. Space NK may amend the additional Benefits it offers Members at any time. The prevailing Benefits offered at any given date will be those which are stated on the 'N.dulge benefits' section of the website.
  17. Space NK is not responsible for the loss of a Member's N.dulge Card, which must be kept securely by the Member. Members that lose their card will lose all of the points that had accumulated on their card unless they contact Space NK promptly to notify them of their loss. Points may be transferred to a new card at Space NK's sole discretion.
  18. By registering for the Space NK N.dulge Card you are agreeing that we may update you by email with your card balance statements and promotional offers, competitions, news and updates. We process your data in accordance with the Data Protection Act 1998 and in accordance with our website terms and conditions which are available at uk.spacenk.com and which sets out our privacy policy and the information that we will gather on Space NK customers, how this information will be used and who it may be shared with. In addition to those terms and conditions your enrolment in the Programme constitutes your consent to our reviewing your purchase history to provide relevant offers and information based on their preferred brands and products.
  19. We cannot be responsible for any unauthorised use of points. Any points not earned and held in accordance with these Terms will be invalid. Any such points will be deducted and other appropriate action may be taken by us. If Members lose their N.dulge Card or think that an unauthorised person has discovered their security code, password or account number, they should refer to the information on lost and stolen cards online at uk.spacenk.com/ndulge and for advice on obtaining and registering a new card.
  20. These Terms may change and Members will be deemed to have accepted the updated Terms when they go online at uk.spacenk.com/ndulge, or when they use their N.dulge Card. As such we strongly encourage you to review these Terms from time to time.
  21. We may suspend or terminate the Programme at any time at our sole discretion and for any reason. In such event Members will be notified and all accounts will be suspended or terminated. If Space NK has a change of control or is sold or if we decide to sell or transfer the Programme to another company we may transfer all of our rights and obligations under these Terms to such other company or acquirer without any further consent and you now consent that we may disclose or transfer all information we hold about all Members including you to any prospective or actual new owner. Such a disclosure or transfer will not alter the rights of Members in respect of the use that can be made of such information by such other company or acquirer until the Terms are changed by such company or acquirer in accordance with Section 20 above.
  22. The limit of our liability under these Terms will be exclusively to a Member who suffers a direct loss as a result of our breach of these Terms and in those circumstances our sole liability will be to credit to the relevant Members Programme account such points as may have been wrongly deducted or should have been credited but were not. Nothing in these Terms shall operate to limit any liability we may have for death, personal injury or fraud and these Terms shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
  23. These Terms and any dispute, claim or non-contractual obligations arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter.

 

©2016 Space NK