Terms, Conditions & Refund Policy

Terms & Conditions

These are the Terms & Conditions as set out by The Holistic Emporium.

The Holistic Emporium is a New Age Gift Shop trading from 7 High Street, Sandown, Isle of Wight, PO36 8DA, United Kingdom and also from http://www.theholisticemporium.co.uk.

If any user of this website (referred to as “you/your/they”) places an order with us. It is on the understanding they have read through, understood and agreed to the Terms, Conditions and Policies detailed herein. Any user of this of this website who does not agree to these requirements should stop using the website immediately.

These Terms and Conditions apply to all use of http://www.theholisticemporium.co.uk (referred to as "website/site/we/our/us") including all transactions for the sale of goods on http://www.theholisticemporium.co.uk and content. Other website addresses we own such as http://www.holisticemporium.co.uk may redirect automatically to http://www.theholisticemporium.co.uk - Our policies for those addresses will be the same as those detailed herein.

Product Information

Any dimensions displayed on our website should be regarded as approximates; we will endeavour to ensure that these measurements are as accurate as possible.

Any product images displayed on our website should be seen as a representation of what the goods look like. We cannot guarantee that the colour and appearance of the product you receive will exactly match that which is shown.

When purchasing products such as Crystals, Gemstones and Minerals etc from us it is highly likely (unless specified otherwise) that you will NOT receive the exact item shown in the picture. We will however endeavour to supply you with the best quality item of that product (at that price range) which we currently hold in stock.

Crystals, Gemstones and Minerals are natural products and will at times contain natural imperfections / inclusions / cracks / scratches / blemishes etc. Any such occurrences will not cause the item be considered a faulty product (see our Returns Policy below).

Any metaphysical, healing, mythological/legendary/fictitious descriptions attributed to any product is to be accepted for entertainment purposes only. Any healing or magical properties allocated or described for any product should only be taken at face value. Under no circumstances should any such properties replace any official medical advice; nor should you postpone/cancel/omit to obtain such advice as a result of obtaining or considering to obtaining these products from us.

The category heading images and any background features contained on our website are for display purposes only and we do not necessarily sell the products that feature within them.

All products on our website are sold for domestic use only; if you purchase these products for business use or for resale you will not be entitled to the benefit of the warranties which usually apply.

We reserve the right to adjust prices, offers and specifications of goods before you order and without prior notice.

If you have any concerns or queries about the product(s) you have ordered through The Holistic Emporium Website, then please contact us at orders@theholisticemporium.co.uk where we will endeavors to assist you with the matter.

Product Availability

The stock levels shown on the website should not be taken as an indication of actual goods held in our High Street Shop. We aim to ensure that the stock levels held by us are suitable for the functionality of the online shop and that any order place with us within these terms & conditions are fulfilled. However, as we are also a High Street shop and the products we sell online are obtained from the shop floor. There may be occurrences where a product you have just ordered is no longer in stock due to a shop floor customer purchasing your required product before we have been able to process your order; in such cases where possible we will contact you to suggest an alternative or issue you with a refund (see our refund policy below). We reserve the right to cancel any order where items are no longer available or have been withdrawn or reserved for other purposes prior to the time that the order was received.

Bespoke, Customised & Made To Order Products

From time to time we provide services to create products for customers. Any product that we make or design especially for you will require full payment upon the initial agreement of making or customising said product. Refunds are not given on these items unless they are faulty through manufacturing default. We retain the copyright ownership and idea of the made item and reserve to right to construct additional quantities for general sale. We also retain the right to take and use any imagery of these for any purpose we set fit.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

If you are not the end-user you confirm that you have authority to bind any person or company on behalf of whom you are using our website.

Certain products or services may only be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. Most stock imagery has been taken from our supplier’s websites or by us ourselves. We will not be held responsible for any images which have been enhanced by whatever means by third party photographers.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Deliveries

We aim to post most orders within three days of receiving your order at your selected postage method / cost (we strongly recommend that you select a signed for postage option at checkout for any order, other postage options are available but taken at your own risk). Larger items which require a courier may take longer to be dispatched. Where possible you will receive tracking information to monitor the order’s progress. Your order may be sent in more than one parcel; each parcel will be identified appropriately. Please note that during busy periods such as Christmas there may be a delay in you receiving your order.

Currently we ONLY deliver to UK addresses serviced by The Royal Mail, Parcel Force and Hermes. For exclusions as to where the UK deliveries may not be possible please refer to https://personal.help.royalmail.com/app/answers/detail/a_id/277/~/addresses-we-cant-deliver-to

Postage Charges are set by us and we are under no obligation to explain how our postage rates are calculated. Postage Charges are subject to change at any time and without prior notice.

If deciding to “Click & Collect” then please wait for confirmation (by email) that your order is ready for collection before arriving at the shop. “Click & Collect” orders can only be collected during shop opening hours as displayed on our website.

We Reserve the right to refuse to deliver to addresses that we believe are not secure such as communal or PO Box addresses. On such occasions we will attempt contact you to obtain further information or obtain an alternative delivery address.

It is your responsibility to ensure that you have provided us with the correct address for delivery. We will not be held responsible if we dispatch your order the wrong address that you provided, in these instances refunds will not be issued. If you have provided a wrong address and we have not yet posted your order, then it is your responsibility to contact us as soon as possible so that we can try to amend the delivery address to the correct one.

We will not be held responsible for the non-delivery (after postage) of your order. Any items not received should be enquired through the delivery method used. If you have not yet received your item and consider the item as being lost in the post then we will provide you with a copy of the proof of postage so that a claim against the postal service can be made. We will not refund any orders which are not received where we have proof that we have posted the order to you in good faith.

Refunds & Returns, Missing & Damaged Items

You must inform us of any occasion where you seek a refund or replacement before sending any products back to us.

We recommend that you keep your receipt or order number in a safe place, as you will need it as proof of purchase in the event of any after-sales query. Your order number can be found on your dispatch note received with your delivery and your email confirmation.

Once you have received your order it is your responsibility to ensure that you are happy with the condition of the items contained within it. We cannot be held responsible for items that are damaged in the post. However, if any items are faulty, do not work or are not as described, we will seek to offer a replacement or a refund. (we will require photographic proof of the faulty item). Please note and refer to the Product Information section above with reference to what is not considered to be a faulty item. Faulty Items should be returned to us within 14 days. We will refund you once we receive the item back and in addition we will refund any reasonable postage costs you had incurred.

Non-custome/bespoke items may be returned to us within 14 days of receipt. The item must be returned in its original condition. Please contact us at orders@theholisticemporium.co.uk to discuss your return further.

Unless faulty, return postage will be met by you (the customer). If you return an item because you have changed your mind, no longer have a need for the item, it is not what you expected or for any other reason, other than it is faulty, you will be refunded the cost of the item minus the original postage price. If non faulty items are not received back in their original condition that they were sent to you then we will only refund you to the value of our wholesale price of obtaining the item (less our incurred postage costs)

Customised / Bespoke made to order items may not be returned unless faulty.

Where returns have been sent to us without prior notification and authorisation from the Web Customer Service Team, or if the item is untraceable, refunds cannot be provided. The burden of proof is that of the consumer to prove an item has been returned and to ensure it is returned safely. If returns are made at your own cost, without prior notification and authorisation from the Web Customer Service Team, any return costs will be non-reimbursable.

When returning items to us it is your responsibility to obtain proof of postage and it is advised that you send high value items back to us via recorded delivery. We will not be held responsible for non-delivery or missing items. Using the contact details you provide us at the time of your ordering we will acknowledge receipt of you return once received. Refunds will only be issued once items have been received by us. Refunds will be processed as soon as it is possible for us to do so via the original payment method used. If we find that the return product developed any issue due to misuse, reasonable wear and tear, or accidental damage by you then we are under no obligation to replace the item or issue you with a refund.

In the case of electrical items which develop a fault you must contact us within 12 months of purchase in order for us to investigate the situation and decide whether or not you are eligible to receive a replacement or a full refund based on the above terms.

Payment and Accuracy of Billing Information, Pricing and Cancellations

We accept payment through credit or debit card through the website only. Full Payment must be received before we dispatch your items. Payment must also be received in advance before we proceed with creating any personalized / Bespoke made to order items.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cancel without notice any order that (in our opinion) appears to be of a fraudulent nature.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You will be charged the current price for buying goods from our website at the date you place your order.

There may be circumstances in which prices of sold online differ from those sold in our physical shop. We are under no obligation to point out any such differences. Reasons for such price differences may include but are not limited to – in store promotions, a delay in updating price changes or price changes to incorporate any postage cost issues associated to an item.

Under the Consumer Contracts Regulation, you have a right to cancel your order for any item purchased on The Holistic Emporium website before dispatch and receive a full refund. This does not apply to items bespoke personalised or made to order products.

The products which http://www.theholisticemporium.co.uk site sells are intended for domestic purposes only and we are not liable for the fitness of goods used for business purposes, nor are we liable in any circumstances for the cost or any losses arising from the use of the item in the event of a claim for breach of warranty or condition.

In the event that we are held responsible for any loss or damage in regards to a product, our aggregate liability shall be limited to a sum equal to the amount paid by you for that product.

We try our utmost to keep your details and payment information secure, but unless we are personally negligent, we are not responsible for any unauthorised access to any details provided by you.

We are not liable for any delay or failure to deliver or perform any obligation that is specified in these terms and conditions when the reason for delay or failure is due to circumstances beyond our reasonable control.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Holistic Emporium, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless The Holistic Emporium and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England & Wales.

Changes to Terms and Conditions

You can review the most current version of the Terms of Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Should you have any enquiries please do not hesitate to contact us at orders@theholisticemporium.co.uk