TERMS & CONDITIONS
This Website is owned and run by Cara & The Sky. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period.
"The Company", “Ourselves”, “We” and "Us", refers to our Company; Cara & The Sky Ltd, Registered in England with the Company number 12009513. Our registered address is Cara & The Sky Limited, 2nd Floor 65 Station Road, Edgware, Middlesex, HA8 7HX
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Cara & The Sky will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Cara & The Sky or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Cara & The Sky and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Cara & The Sky. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Cara & The Sky.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
By placing an order through our site, you warrant that you are legally capable of entering into a binding contract, that you are at least 18 years of age and you possess a valid credit or debit card issued by a bank acceptable to us. Cara & The Sky retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
1. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
Cara & The Sky are careful to ensure that the descriptions and specifications of our goods are correct when they are posted on our website. However, while the colour reproduction of the goods on our website is a close representation, we cannot accept any responsibility for any variation in colour caused by browser software or the computer system used by you.
All orders made are subject to availability. We will try our best to keep all stock levels at the same level to what is publicised on the site, but we are not held responsible if an ordered item is no longer available. We will email you confirmation of this rejected order. Please read and obey the washing/care instructions of your purchased item. We will not be held liable if these are not followed. We will not issue a refund on goods if they are not followed.
3. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
Prices are subject to change without notice but changes will not affect orders which We have already accepted.
5. Discount Codes
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
These T&Cs relate to all Cara & The Sky promotions, competitions and discount codes (unless otherwise stated).
Only one promotion code can be used per order.
Maximum pre-discount spend limit of £250 applies per order.
A promotion code can't be used after an order has been placed.
6. Dispatch and Delivery
Dispatch times may vary according to availability. Delivery periods are expected guidelines only and we will not be held liable if your deliver takes longer. We will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or in failure to perform, any of its obligations in relation to the goods ordered by you if the delay was due to any cause beyond its reasonable control. Please see our Delivery Charges notice for further information.
We ship worldwide however some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our Delivery Information page.
You can return any unwanted product to us for a refund or exchange up to 14 days after receipt as per our Returns Policy. Unfortunately any items which are found to have makeup or tanning stains on them cannot be exchanged or refunded unless they are faulty. Please ensure that the items you return are sent back with all swing tickets and labels attached along with the original packaging. All returns must be in a re-saleable condition.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Cara & The Sky and its suppliers and content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Cara & The Sky liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Cara & The Sky and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Cara & The Sky.
You agree to indemnify, defend and hold harmless Cara & The Sky, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Cara & The Sky shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Please let us know if you have any complaints or comments. We will try to resolve disputes when they first arise.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreement.