Last updated: 22nd November 2018
Please read these Terms and Conditions (“Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using this website (the “Website”) operated by U-Ventures International Limited, trading as Ushvani (“us”, “we”, or “our”).
U-Ventures International Limited is registered at Aston House, Cornwall Avenue, London, N3 1LF; registered in England and Wales with company registration number 04812146; VAT registration number GB 882 519 006. Our trading address, correspondence address and spa location is 1 Cadogan Gardens, London, SW3 2RJ.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website.
These Terms should be read alongside, and in addition to, our Privacy Policy.
Access
Access to the Website is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on the Website without notice.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
If you are provided with login credentials, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose security information to any third party. We reserve the right to disable any user credentials, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Online Orders
By placing an order with us for products which are sold on the Website (“Products”) you will be deemed to have read, understood and agreed to these Terms and Conditions. Please read these Terms and Conditions carefully and, if you are unhappy with any aspect of these, then you should contact one of our customer service advisors before placing an order with us.
We amend these Terms and Conditions from time to time. Please look at the top of this page to see when these Terms and Conditions were last updated and refer to the Changes section below to read more about this. Every time you order Products from us, the Terms and Conditions in force at the time of your order will apply to the contract between you and us.
Contract
We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfill your order following this acknowledgement, we will contact you by email or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) (“Contract”). If you require any information concerning your order please contact us quoting your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a Product or pricing error or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
If you wish to make a change to the Products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract.
A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.
You own a Product once we have received payment in full. Payment for all treatments, rituals, workshops and classes must be made at the time of booking.
Purchase Related Policies
The Products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. The packaging of Products may also vary from that shown in images on our website.
The purchase of Products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with English law.
You may only purchase Products or Services from our website or the spa if you are at least 18 years old.
Cancellation Rights
We hope that you are delighted with your order; however, because you are a consumer and have purchased your Product online, you have a legal right to cancel your Contract under the Consumer Contracts Regulations 2013 from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) until the date which is 14 days after you receive the Products. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
Your right to return goods does not apply to goods (i) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly or (ii) where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
To cancel a Contract, you just need to let us know that you have decided to cancel. To do this, please contact us as soon as possible. If you are e-mailing us or writing to us please include details of your order number to help us to identify it. If you send us your returns form by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
If you cancel your Contract we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (or you can choose to have such goods returned to you within 14 days of our notification that we intend to make a deduction). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
- make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
- We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers. You will receive email notification of your refund from us.
- If you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Products and the original Contract between us will be cancelled.
If a Product has been dispatched to you or you have received them before you decide to cancel your Contract:
- then you must return it to us without undue delay (in the original product packaging if possible) and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
- You can send it back to us: Ushvani, 1 Cadogan Gardens, London SW3 2RJ with your completed returns form.
- When returning goods please obtain a proof of postage (we do not accept responsibility for goods lost in transit) and ensure that the parcel is adequately sealed.
Unless the Product is faulty, or not as described, you will be responsible for the cost of returning the Products to us.
Under the Consumer Rights Act 2015, because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights (which are summarised in general terms below) are not affected by your right of return and refund in the clauses above or anything else in these Terms and Conditions.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- after six months (depending on the type of Product): if your goods do not last a reasonable length of time you may be entitled to some money back.
Loss Or Damage
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and for defective Products under the Consumer Protection Act 1987.
We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Rights Relating to Online Classes
In the case of Online Classes, these rights supersede previous rights relating to Online Orders.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if we both know it might happen at the time we entered into the contract.
We do not in any way exclude or limit our liability where it would be unlawful to do so which includes liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- For breach of your legal rights in relation to the classes and tutorials including the right to receive instructions which are as described and match information we provided to you, of satisfactory quality, fit for any particular purpose made known to us.
Classes: classes cancelled up to 24 hours before the start of the class will be refunded in full. Classes cancelled less than 24 hours before the start of the class and no shows will be charged in full. Classes are non-refundable, except for medical reasons and with proof of medical certificate. No concessions. You can cancel your order by emailing Ushvani Reservations, [email protected] or phone us on +44 (0)20 7730 2888.
- Virtual classes: Classes are non-refundable or transferrable, except for medical reasons and with proof of medical certificate. No concessions.
- Workshops: workshops must be prepaid in full at the time of booking. Cancellations must be made more than 24 hours before the start of the workshop or a full charge of workshop price applies. Workshops are non-refundable except for medical reasons and with proof of medical certificate. No concessions. You can cancel your order by emailing Ushvani Reservations, [email protected] or phone us on +44 (0)20 7730 2888.
Uploading Material to the Website
Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material and we shall have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
You are prohibited from posting or transmitting to or from the Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the provisions set out above.
Transfer Of Rights
We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will try to notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by us. Third party website inclusion does not imply any endorsement or approval by us of the content on such websites.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Intellectual Property
The Website and its original content, features and functionality are and will remain the exclusive property of U-Ventures International Limited and its licensors.
Trade Mark
USHVANI is a UK and EU registered trade mark of Ushvani Spa Limited. You are not permitted to use the mark without our approval.
The UK registered Trade Mark number is: UK00002458084.
The EU registered Trade Mark is: EU005987722.
Copyright
The content of the Website, including all text and images, is protected by copyright. The copyright is owned by us or is otherwise licensed from a third party for use by us.
You may view or download any part of the Website for private purposes, but you are not permitted, without our permission, to:
- store the Website, or any part of the Website, for any other purpose;
- print copies of the Website, or any part of the Website, for any other purpose;
- reproduce, copy or transmit the Website, or any part of the Website, in any way, for any other purpose or in any other medium.
All other rights which are not specifically granted are reserved.
Copyright © 2018 U-Ventures International Limited t/a Ushvani. All worldwide rights reserved.
Complaints
In case of a complaint, you may contact us by email at [email protected] or write to us at Ushvani, 1 Cadogan Gardens, London, SW3 2RJ.
Disclaimer
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We make no warranties, representations or undertakings about:
- Any of the content of the Website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or
- Any content of any other third party website referred to or accessed by hyperlink through the Website.
We make no guarantees that the Website is free from infections. Whilst we perform rigorous checks to ensure that our website is free from infection, it is strongly recommended that you perform your own checks. You should always use an updated browser and up-to-date anti-malware software on your device.
Liability
We accept no liability for any claims, penalties, loss or expenses arising from:
- any reliance placed on the content of the Website; or
- the use or inability to use the Website; or
- the downloading of any materials from the Website; or
- any unauthorised access to or alteration to the Website.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England & Wales without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Website.
According to EU Regulation no. 524/2013 on online dispute resolution for consumer disputes, you may refer disputes to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Likewise, you may refer disputes related to the sale of Products to the following Alternative Dispute Resolution entity:
- Adrress: ADR Group, 160 Fleet Street, London, EC4A 2DQ
- Email: [email protected]
- Website: http://www.consumer-dispute.co.uk
- Phone: 020 3600 5050
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
Contact Us
If you have any questions about these Terms, please contact us.