Terms & Conditions

This page provides information about who we are and the legal terms and conditions that may apply to your use of nunaia.com and any product or service you order from us.
  1. General

Access to and use of this website and the products and services available through this website are subject to the following terms and conditions (together with the documents referred to in it). By using this website and/or placing an order you are agreeing to all of the terms and conditions. If you do not agree to these terms and conditions please refrain from accessing and using the website and/or services. NUNAÏA and www.nunaia.com  is operated by Pacha Organic Ltd. Pacha Organic Ltd is registered in the Republic of Ireland under company number 586899 with its registered office at 11/12 Baggot Court, D02F891, Ireland. VAT NO: 3430318LH

Unless otherwise stated, we use the terms "NUNAÏA", "we" and "us" on this Website to refer to NUNAÏA and Pacha Organic Ltd. throughout the Website terms and conditions, which include our Website Terms, General Terms and Conditions of Sale, Legal Terms and Privacy & Cookie Policy (“Terms and Conditions”).

Please note that all pre-orders of the Nourishing Radiance Serum ordered and paid for in the period 14/06/2018 - 15/07/2018 will ship in the second week of July 2018.

If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us. 

 

  1. Privacy Policy

Our Privacy Policy, which sets out how we use your information, can be found at Privacy Policy.  By using this website you are accepting the terms as laid out by the Privacy Policy.

  1. Website Availability

We reserve the right to make any changes to the website or to discontinue any aspect or feature of the website without notice. We may suspend the website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.

  1. Acceptable Use

You acknowledge that you are solely responsible for all activities under your login and all communications sent via or to this website and agree that your use of this website is for private, proper lawful purposes only. You will not carry out any act or omission or procure any act or omission which would damage, delay, interrupt or impair the use of this website or its software.

Cause any illegal, offensive, defamatory material to be placed on or associated with this website. Be in breach of any copyright, trade mark, privacy, confidence, or any other third party right, or cause any inconvenience to Nunaïa, its employees, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and 'spam').

You agree to abide by all applicable local, state and national laws and regulations. In the event that Nunaïa, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, we reserve the right to take any action that we deem necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.

  1. Indemnity

You agree to indemnify and hold us and our affiliates and agents and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising from your use of this website, breach of this agreement or your violation of any laws or rights of a third party.

 

6. OWNERSHIP OF RIGHTS

All rights, including copyright and other intellectual property rights, in and to this Website are owned by NUNAÏA.

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

 

Ownership of Submissions

Other than personal data (which is subject to our Privacy and Cookie Policy) all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to NUNAÏA on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of NUNAÏA once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

Social networking sites

These Website Terms also govern any Submissions you make on any NUNAÏA related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube, Instagram or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of NUNAÏA or its employees and NUNAÏA is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Website Terms and the third party social networking sites’ Terms of Use, as applicable.

Intellectual Property Rights

A disclosure, Submission or offer of any Submissions and your agreement to these Website Terms shall constitute an assignment to NUNAÏA of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any NUNAÏA related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on NUNAÏA pages of third party social networking sites are not the responsibility of, or endorsed by NUNAÏA. All rights, including copyright on NUNAÏA Website pages are owned by or licensed to NUNAÏA. Any use of any NUNAÏA social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of NUNAÏA. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others.

Confidentiality

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any NUNAÏA related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.

Rules for Submissions

You must be 18 years of age or older and registered to post a Submission. Suppliers or manufacturers are not eligible to post a Submission.

Please be polite and only write in English. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response or e-mail us at care(at)nunaia.com

 

Submissions should not include:

  • abusive, offensive or otherwise inappropriate language;
  • profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
  • comments about other reviewers or bloggers
  • remarks that repeat criminal accusations, false, defamatory or misleading statements
  • material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
  • spam or advertising
  • third party brand names or trade marks
  • HTML code, computer script or website URLs
  • availability, price, promotions or alternative ordering or delivery information
  • information about NUNAÏA suppliers or manufacturers
  • an unsupported claim about the product producing an effect other than that for which it is indicated
  • references to any products other than the product to which the Submission relates.

NUNAÏA, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which do not comply with the rules above.

Please let us know if you see any Submissions which do not comply with our rules.


We advise you never reveal personal information about yourself or anyone else (telephone number, home address, business address, delivery address, or email address or any other details) that would allow you to be personally known.

 

  1. Pricing, Description and Product Information

All products displayed on this website are available only whilst stocks last. All photos, descriptive matter specifications, and advertising issued on this website and any descriptions photos or illustrations are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you. 

All prices for products are as quoted on the website except in the case of an obvious error. 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.

All prices are inclusive of VAT and are subject to change. All sale prices quoted are valid only while stock lasts. Delivery costs will be added to the total amount at checkout. 

  1. Purchasing Products

www.nunaia.com presents these products and services as an invitation for sale and reserves the right to refuse sales without giving any reason. By placing an order you are offering to purchase a product on and subject to these terms and conditions. 

All orders are subject to availability and confirmation of the order price. If in the unlikely event of an item forming part of your order is out of stock, we will inform you of this by email and indicate when the item will be back in stock. You will also be given the opportunity to cancel that part of the order. Where part of your order is out of stock we may send the rest of your order to you and send the remainder of your order at a later date. You will not be charged any additional postage costs for the out of stock items. Unfortunately, at this time, we do not accept changes to orders after they have been placed. Therefore, please be sure that your order is correct before confirming your order.

Once you've placed an order on www.nunaia.com, we will send you an email to acknowledge your order. This acknowledgment does not imply an acceptance of the order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. 

For orders paid via credit or debit cards, your card will be debited once the order has been accepted. If you have paid through a PayPal account, your account will be charged when the order is placed.

In order to purchase from this website, you must be over 18 years or more and possess a valid credit/debit card issued by a bank acceptable to us. Your order will only be processed if your credit card billing address and card security code can be verified by our credit card payment acquisition company. If your order is accepted we will inform you through email. When placing an order you undertake that all the details provided by you to us are true and accurate, that you are an authorized user of the credit or debit card used to place the order and that there are sufficient funds to cover the costs of the goods.

  1. Discount Codes

Discount codes may be offered from time to time to account holders. These codes may only be used on purchases made through the account which the code was offered.

  1. Gift Vouchers

Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – please check your voucher to find out when to use it by. We cannot accept any responsibility for stolen or deleted gift vouchers. We will dispatch your gift voucher upon clearance of payment. Please ensure the email address you supply for delivery of electronic gift vouchers is correct. We cannot be held responsible if a gift vouchers is used by a person other than your recipient. We also cannot take responsibility if a gift voucher cannot be delivered to a recipients address because of spam filters, firewalls, the capacity of the recipient's mailbox or any other factors outside of our control. 

  1. Delivery

Prices are quoted exclusive of postage and packing, which will be charged at the rates specified in the Delivery page. We endeavour to dispatch your order on the day of receipt of the same, provided your order is received before 1pm. If your order is received after this time or is received over the weekend or on a bank or public holiday then it will be dispatched the next business day. Where there is a delay or likelihood of delay in the supply of products, we will advise you as soon as is practical. 

In some cases your delivery may require a signature. Please ensure that you will be available to sign for the delivery at the delivery address you specify. 

Where a delivery partner fails to make a delivery to you, either because you were not available at the address provided when delivery was attempted and did not collect the order within the time frame set out by the delivery partner or because the address you provided is incorrect or does not exist, and as a result your order is returned, we will make a charge to you for the costs we incur in sending the item to you and in paying for its return. We will issue you with a refund upon receipt of the parcel for the amount remaining after the deduction of these charges. We regret that we cannot be held responsible for a delay in the parcel being returned to us or if the courier failed to notify you of an attempted delivery. In these cases please contact the delivery company directly.

If in the unlikely event your order does not arrive to you, please note that An Post and Royal Mail will not consider a parcel missing until 21 days from dispatch have passed. We cannot resend the missing order until after this time.

 

  1. Cancellation

If, for any reason, you wish to do so, you have the right to cancel any order you have placed within the fourteen-day cooling off period. Where the goods have been delivered to you, you may cancel them up to 14 days, starting from the day after the goods were received, in line with the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001. 

You can cancel your order within the 14-day period by emailing care(at)nunaia.com or through our contact form and providing a brief explanation as to the reason for the return and quoting your invoice number. We will process the refund due to you as soon as possible, and always within 30 days of the day you have given notice of your cancellation. We will issue you with a full refund however you will need to return the entire order at your cost if you have already received them. In all cases, the goods must be in their original condition and will be inspected on their return. If we do not receive the cancelled order back, we may arrange to have them collected at your cost. The cost of sending the item to you will be refunded at standard delivery rate, however, if only part of your order is cancelled, the delivery charge will not be refunded. 

  1. Returns

We hope that you will be pleased with your purchase. However, should you wish to return anything bought from us, we will happily refund any unwanted goods returned within 30 days from date of delivery. All unwanted goods must be returned in an unused, as new condition with the original packaging and any free samples/free gifts received along with a completed returns form. Please note all applicable free gifts and samples supplied must also be returned with your order. If not we will make a discretionary deduction to cover our cost for these items. We will refund the monetary value of the goods returned to us, at the price you purchased them less the true cost to us for shipping the item to you. Please note it is the customer's responsibility to ensure the goods are returned safely to us. 


In the unlikely event that your product is faulty upon arrival we will happily refund your item when it is returned to us within 30 days from the date of purchase. Please contact us within 7 days of receipt of the product and we will be able to assist you. We will offer you a refund or exchange within 14 days of receiving the returned item/s. We will refund the monetary value of the goods returned to us, at the price you purchased them including the delivery charges for sending the item to you. 

We will refund back to the original method of payment charged only (e.g. credit card, debit card, gift voucher).

It is not possible to return any products that are on final or are reduced to clear after the seven-day cooling off period for refund or exchange unless the products are faulty or damaged. 

Please read Delivery and Returns for more information on our returns procedure.

  1. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM;

  • THE USE OR THE INABILITY TO USE THE WEBSITE;
  • THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE;
  • UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR
  • ANY OTHER MATTER RELATING TO THIS WEBSITE.


IN NO EVENT SHALL NUNAÏA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU TO NUNAÏA, IF ANY, FOR ACCESSING THIS WEBSITE OR IN MAKING A PURCHASE THEREON. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

Nunaïa is not responsible for any injury and or damage to any individual as a result either directly or indirectly of any information published on this website. Where the Website or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Nunaïa and, to the maximum extent permitted by law, Nunaïa shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations. The information provided by Nunaïa is intended as information only and does not constitute advice. The accuracy of the information is not guaranteed and is subject to change and therefore Nunaïa cannot accept responsibility for any loss damage or expense incurred upon using the information.

  1. Disclaimers of Warranties

THIS SITE IS PROVIDED BY NUNAÏA ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUNAÏA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY OR INFRINGEMENT.

NEITHER NUNAÏA, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NUNAÏA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS INCORPORATED IN THE SITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

ALTHOUGH THIS SITE IS ACCESSIBLE WORLDWIDE, NOT ALL PRODUCTS OR SERVICES DISCUSSED OR REFERENCED HEREIN ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS. NUNAIA RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA IT SO DESIRES. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE IN OR THROUGH THIS SITE IS VOID WHERE PROHIBITED.