Terms of Service

OVERVIEW

This website is operated by Nebula Drinks Ltd (company number 14954956, registered address 483 Green Lanes, London, England, United Kingdom, N13 4BS). Throughout the site, the terms “we”, “us” and “our” refer to Nebula Drinks Ltd (“NEBULA”). NEBULA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1 - ONLINE STORE TERMS

By using this site, you are agreeing to these Terms of Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

3 – ELIGIBILITY

You may not use or engage with the Platform if you are under eighteen (18) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of eighteen (18) years. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

4 - 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.

5 - PRODUCTS OR SERVICES

We reserve the right at any time to modify or discontinue the Service (or any part of it). We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Certain products or services may be available exclusively online through the website. 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.

6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 email 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.

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.

7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and applicable terms and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We make no guarantee that any or all features of the websites, services or third party products and services will work on any particular device. We are happy for you to link to our website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the website, you must do so without delay.

8 - DELIVERY & RETURNS

We strive to deliver Products within the estimated delivery times but are not responsible for delays beyond our control. For all stocked items, orders will be dispatched within 3-5 working days from placing an order and receiving your order confirmation email. We currently only ship to customers in the UK but hope to make our products available to customers worldwide soon. Shipping times and rates vary based on location and will be provided at checkout. Bank holidays, national holidays and peak seasonal shipping periods will produce longer delivery times.
For all our products, we value your feedback and if we deliver a service or product that has not met your expectations, please provide our customer happiness team with details of the issue so we can investigate, by emailing hello@nebuladrinks.co.uk. If you are not satisfied with your purchase, you may return unopened products within 14 days of receipt for a refund or exchange. Please contact our customer service at hello@nebuladrinks.co.uk to initiate a return.
Refunds will be processed within 30 days of receiving the returned Products. Shipping charges are not covered by us and are non-refundable.
If you wish to cancel or change your order after placing it please email us at hello@nebuladrinks.co.uk within 30 minutes of placing the order and our customer happiness team will do their best to accommodate. Any order that has already been processed cannot be cancelled, so we cannot guarantee that orders can be cancelled.Discount codes can be applied to online orders only and cannot be applied to orders retrospectively. Unless stated otherwise, discount codes can only be redeemed once per customer. Only one discount code may be used per transaction. In order to apply your discount, please use the Checkout option. When you pay with ApplePay you may not get the option to add a discount to your order.

9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to pay compensation for any comments or respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

11 - ERRORS, INACCURACIES AND OMISSIONS

The content on our site is provided for general information only. We make no medical or health claims with respect to use of our products. The content on our site is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to- date.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

12 - 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.

13 - 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. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

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. 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.

To the maximum extent permitted by English law, Nebula Drinks Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Site or the purchase of Products. In no case shall NEBULA Store, 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.

14 - 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 and Wales, and you agree that the courts of England and Wales shall have exclusive jurisdiction regarding any dispute.

15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service 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.

16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@nebuladrinks.co.uk

17- INTELLECTUAL PROPERTY

The content, information, software, designs, materials, functions and data included in and contained on the Website is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you access the Website. All Content including but not limited to designs, structure, text, logos, product packaging, trade dress, product configuration, brand names, product names, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming, and all other copyrightable work or trademarks on this Website are protected by copyright and/or trademark law and are the property of NEBULA or its licensors. Except as allowed under applicable law, no Content, in whole or in part, may be used, copied, sold, reproduced, duplicated, modified, or otherwise exploited without prior express written permission from NEBULA.

18 - NEBULA Subscriptions

We may offer new and/or existing customers special offers from time to time. Where we make such offers, introductory offers are only available to new users of the website. Previously registered users do not qualify for an additional offer, unless expressly stated. “Previously registered users” refers to any combination of: a credit or debit card holder, a delivery address, a cardholder address, or a household, who has previously made use of the NEBULA service. Unless otherwise stated, only one discount code may be applied per order, and each code may only be used once, for both one time purchases and subscriptions. Discount codes cannot be applied towards a first-time subscription order. They may not be copied, reproduced, distributed or published either directly or indirectly in any form. We reserve the right to terminate or modify discounts at any time without prior notice and at our sole discretion. We may require you to complete checkout at nebuladrinks.co.uk to redeem any offer.
The purchase of NEBULA products may consist of an initial period where there is a one-time charge or a first-time offer, followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products. The price of your first-time offer may be different to your recurring subscription charges. Your subscription will automatically renew and your credit card will automatically be charged the full subscription price of your order according to the frequency of delivery (excluding any discounts or promotional offers), until you cancel your subscription.
First-time offers are one-time only for new subscription customers and are limited to one per person. They are available to previously registered users. 
If you have any changes, queries or would like to cancel your order or subscription, simply drop us an email at hello@nebuladrinks.co.uk. This must be arranged before 1pm, 3 days before delivery day. Any changes after this time may not be accepted.