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SECURITY AND PRIVACY

BACKGROUND:

This Security and privacy policy applies as between you, the User of this Website and Aromatherapy Associates Limited, the owner and provider of this Website (“AAUK”, “we” or “us”).  This Policy applies to our use of any and all Data collected by us in relation to your use of the Website.

  1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings: 

“Data”

means collectively all information that you submit to us via the Website.  This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;

“Cookie”

means a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website.  Details of the cookies used by this Website are set out in Clause 12;

“UK and EU Cookie Law”

means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

“User” 

means any third party that accesses the Website and is not employed by us and acting in the course of their employment; and

“Website” 

means the website that you are currently using (aromatherapyassociates.com) and any sub-domains of this site.

  1. Scope of this Policy

This Policy applies only to the actions of AAUK and Users with respect to this Website.  It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

  1. Data Collected

Without limitation, any of the following Data may be collected by this Website from time to time:

3.1          name;

3.2          date of birth;

3.3          gender;

3.4          job title;

3.5          contact information such as email addresses and telephone numbers;

3.6          demographic information such as post code, preferences and interests;

3.7          financial information such as credit / debit card numbers;

3.8          IP address (automatically collected);

3.9          web browser type and version (automatically collected);

3.10       operating system (automatically collected); and

3.11       a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected.

  1. Our Use of Data

4.1          Any personal Data you submit will be retained by us for up to 24 months.

4.2          Unless we are obliged or permitted by law to do so, and subject to Clause 5, your Data will not be disclosed to third parties.  This includes our affiliates and / or other companies within our group.

4.3          All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998.  Fore more details on security see Clause 11 below.

4.4          Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website.  Specifically, Data may be used by us for the following reasons:

4.4.1         internal record keeping;

4.4.2         improvement of our products / services;

4.4.3         transmission by email of promotional materials that may be of interest to you;

4.4.4         contact for market research purposes which may be done using email, telephone, fax or mail.  Such information may be used to customise or update the Website.

4.5             Please note that we have the ability to retain your contact details should you input them on our website using VeCapture by Ve Interactive, even if you do not complete your registration/transaction by clicking submit. Such contact details may be used to contact you to assist with your registration/transaction.

 

  1. Third Party Websites and Services

5.1          We may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing.  The providers of such services may where necessary have access to certain personal Data provided by Users of this Website.

5.2          Any Data used by such parties is used only to the extent required by them to perform the services that we request.  Any use for other purposes is strictly prohibited.  Furthermore, any Data that is processed by third parties shall be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.

  1. Links to Other Websites

This Website may, from time to time, provide links to other websites.  We have no control over such websites and is in no way responsible for the content thereof.  This Policy does not extend to your use of such websites.  Users are advised to read the privacy policy or statement of other websites prior to using them.

  1. Changes of Business Ownership and Control

7.1          We  may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of AAUK.  Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

7.2          In the event that any Data submitted by Users is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. 

 

  1. Controlling Use of Your Data

8.1          Wherever you are required to submit Data, you will be given options to restrict our use of that Data.  This may include the following:

8.1.1         use of Data for direct marketing purposes; and

8.1.2         sharing Data with third parties.

  1. Your Right to Withhold Information

9.1          You may access the Website without providing any Data at all.  However, to use all features and functions available on the Website you may be required to submit certain Data. 

9.2          You may restrict your internet browser’s use of Cookies.  For more information see Clause 12.

  1. Accessing your own Data

You have the right to ask for a copy of any of your personal Data held by us (where such data is held) on payment of a small fee which will not exceed £10.00 (ten pounds sterling).

  1. Security

11.1       Data security is of great importance to us and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.

  1. Cookies

12.1       This Website may place and access certain Cookies on your computer.  We use Cookies to improve your experience of using the Website and to improve our range of products.  We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.

12.2       All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

12.3       Before the Website places any Cookies on your computer[, subject to sub-Clause 12.4] AND/OR [sub-Clause 12.7], you will be presented with <<insert description of prompt, e.g. pop-up, message bar etc.>> requesting your consent to set those Cookies.  By giving your consent to the placing of Cookies you are enabling <<insert name>> to provide the best possible experience and service to you.  You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

12.4       [Certain features of the Website depend upon Cookies to function.  UK and EU Cookie Law deems these Cookies to be “strictly necessary”.  These Cookies are shown below.  Your consent will not be sought to place these Cookies.  You may still block these cookies by changing your internet browser’s settings as detailed below.]

12.5       This Website places the following Cookies:

Name of Cookie

Purpose

Strictly Necessary

Google Analytics

Website traffic monitoring

No

Session

Saves your visit information on your computer for your basked and recently viewed items.

Yes

12.6       This Website uses analytics services provided by Google.  Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how Users use the Website.  This, in turn, enables us to improve the Website and the products offered through it.  You do not have to allow us to use these Cookies, as detailed below, however whilst our use of them does not pose any risk to your privacy or your safe use of the Website it does enable us to continually improve our business.

12.7       The analytics services used by this Website use Cookies to gather the required information.  Certain of these Cookies may be placed immediately when you decide to visit the Website and it may not be possible to obtain your prior consent.  You may remove these Cookies and prevent future use of them by following the steps set out below.

12.8       The analytics services used by this Website use the following Cookies:

Name of Cookie

First / Third Party

Provider

Purpose

Google Analytics

First

Google Inc

Website traffic monitoring

12.9       You can choose to enable or disable Cookies in your internet browser.  Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies.  By default, most internet browsers accept Cookies but this can be changed.  For further details, please consult the help menu in your internet browser.

12.10    You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

12.11    It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings. 

  1. Changes to this Policy

We reserve the right to change this Policy as we may deem necessary from time to time or as may be required by law.  Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.

TERMS

BACKGROUND:

These terms apply as between you, the User of this Website and Aromatherapy Associates Limited (“AAUK”, “we” or “us”), the owner of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access any elements on the Website;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods”

means any products that we advertise and / or make available for sale through this Website;

Service

means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at 6 Great West Trading Estate, Great West Road, Brentford, London TW8 9DN;

System

means any online communications infrastructure that we make available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” 

means any third party that accesses the Website and is not employed by us and acting in the course of their employment; and

“Website” 

means the website that you are currently using (aromatherapyassociates.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

  1. Website

15.1       AAUK makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. AAUK makes no guarantee of any specific results from the use of this website.

15.2       No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

15.3       No part of this website is intended to constitute a contractual offer capable of acceptance.

  1. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

  1. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

  1. International Customers

If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  AAUK is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your Goods will be free of signs of tampering.

  1. Intellectual Property

19.1       Subject to the exceptions in Clause 20 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of AAUK, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

19.2       Subject to Clause 21 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.

  1. 20.         Third Party Intellectual Property

20.1       Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

20.2       Subject to Clause 21 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of AAUK or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site (www.aromatherapyassociates.com) without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of AAUK.  To find out more please contact us by email at info@aromatherapyassociates.com.

  1. Use of Communications Facilities

24.1       When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

24.1.1     You must not use obscene or vulgar language;

24.1.2     You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

24.1.3     You must not submit Content that is intended to promote or incite violence;

24.1.4     It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

24.1.5     The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

24.1.6     You must not impersonate other people, particularly employees and representatives of AAUK or our affiliates; and

24.1.7     You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

24.2       You acknowledge that AAUK reserves the right to monitor any and all communications made to us or using our System.

24.3       You acknowledge that we may retain copies of any and all communications made to us or using our System.

24.4       You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

  1. Accounts

25.1       In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:

25.1.1     all information you submit is accurate and truthful;

25.1.2     you have permission to submit Payment Information where permission may be required; and

25.1.3     you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

25.2       It is recommended that you do not share your Account details, particularly your username and password.  AAUK accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

25.3       If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, AAUK accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

25.4       When choosing your username you are required to adhere to the terms set out above in Clause 24.  Any failure to do so could result in the suspension and/or deletion of your Account.

25.5       Unlike many other companies we do not store your debit or credit card details.  In fact, we do not even get to see them as the transactional part of purchasing from us is handled by www.sagepay.com

  1. Termination and Cancellation

26.1       Either AAUK or you may terminate your Account.  If we terminate your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

26.2       If we terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.  You will be refunded any monies paid in relation to those purchases.

26.3       We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

26.4       If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

26.5       If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

  1. Goods, Pricing and Availability

27.1       Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, we are not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. 

27.2       Where appropriate, you may be required to select the required number of the Goods that you are purchasing.

27.3       AAUK does not represent or warrant that such Goods will be available.  Out of Stock indications are provided on the Website, however these are not definitive.

27.4       AAUK reserves the right to change prices and alter or remove any special offers from time to time and as necessary. 

27.5       In the event that prices are changed during the period between an order being placed for Goods and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

27.6       All prices on the Website include VAT.  AAUK’s’s VAT number is 185 4718 75 .

27.7       Where you have been entitled to any multibuy discount or free offers due to the size or value of your order exceeding a certain quantity or amount, and any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that offer at your cost or charge you for the goods retained by you at the full price quoted on this site.  Your statutory rights are not affected.

27.8       In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.

  1. Disclaimers

28.1       No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

28.2       No part of this Website is intended to constitute a contractual offer capable of acceptance.

28.3       Whilst AAUK uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  1. Changes to the Service and these Terms and Conditions

AAUK reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If AAUK is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website

30.1       The Website is provided “as is” and on an “as available” basis.  We give no warranty that the Website will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

30.2       AAUK accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Limitation of Liability

31.1       To the maximum extent permitted by law, AAUK accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

31.2       Nothing in these Terms and Conditions excludes or restricts AAUK’s liability for death or personal injury resulting from any negligence or fraud on the part of AAUK.

31.3       Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and AAUK.

  1. Communications

35.1       All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@aromatherapyassociates.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

35.2       AAUK may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the “unsubscribe” link in any email that we send to you.

  1. Law and Jurisdiction

These Terms and Conditions and the relationship between you and AAUK shall be governed by and construed in accordance with the Law of England and Wales and AAUK and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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