Terms & conditions

Introduction

The Terms and Conditions of Apothaka Ltd are as follows on this page, together with the documents referred to in it. They tell you the terms upon which we supply any of the products listed on our website www.apothaka.com to you. Please read them carefully before ordering any of our products. If you do not accept these terms, please do not use this website.

By accessing this website and/or ordering any of our products from our site you have read, and are accepting and agreeing to be bound by these terms, and to comply with all applicable laws and regulations. This information is only available in English only.

www.apothaka.com is operated by Apothaka Ltd, 71–75 Shelton Street, London, WC2H 9JQ. Registered in England No. 11785992. 

Our business hours are 10am to 4pm Monday to Friday, excluding bank or public holidays in England. We can be contacted via email at hello@apothaka.com and aim to respond to you within 1-2 working days.

Privacy policy

In completing and submitting an order for products, you will be providing Apothaka Ltd with personal information.

Your information and any other personal information that you may provide to us will be held by us to be used to process your order (and any future orders you may make), to enforce any legal or other rights we may have against you in any manner that we see fit, to keep you informed about news for example, new products, special offers and other information that may be of interest to you via email.  If you wish, you are able to unsubscribe from marketing emails at any time using the unsubscribe feature on each email. Your information will also be used in order to run the Glow Getters rewards programme (if you opt to become a member/when you place an order).

No private information or personally identifiable information will be provided to any external parties by Apothaka Ltd except for the sole purpose of completing your order.

If this information is not provided, your order may not be processed.

Please see our Privacy Policy for further details on our practices and how we safeguard any data that you provide us when you place an order and/or register an account with us.

Cookies

A cookie is a small text file that is saved to and during subsequent visits, retrieved from, your computer or mobile device. Please see our Cookie Policy (in privacy policy) to see how we use cookies on our website.

Definitions

‘Apothaka’, ‘We’, ‘Us’ and/or ‘Our’ – Apothaka Ltd.

‘Customer’, ‘You’ and/or ‘The Buyer’ – the individual(s) or company using this website (including any person(s) accessing the website using your personal information and/or shopping account).

‘Agreement’ – the Terms and Conditions as specified on this document and all documents referred to in it, including any amendments made.

‘Terms’ –  the Terms and Conditions.

‘Product(s)’, ‘Item(s)’ and/or ‘Goods’ – an item(s) displayed for sale on our website www.apothaka.com.

The ‘Website’ – apothaka.com

Intellectual Property Rights

All materials on this website (including but not limited to, the logo(s), design, layout, look, appearance, graphics and textual content) are protected by copyright and intellectual property laws and are the property of Apothaka®. They are made available for your personal, non-commercial use only. No content or materials may be reproduced, copied, used, sold, distributed, edited or duplicated either online or offline without our written permission. Additionally our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. Any other use of the material and content of the website is strictly prohibited without the written permission of Apothaka®.

Website

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Apothaka Ltd's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use this website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Children under the age of 18 may not order products from this website, although are welcome to browse the website. By ordering products you agree that you are 18 years of age or older
• This website uses cookies to monitor browsing preferences. These are small text files that are placed on your machine to help the site provide a better user experience. Cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics.

  As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser for more information should you need it. 

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Indemnity

You agree to indemnify us fully, and to defend and hold us and our directors, employees, agents and suppliers harmless from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by you or your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information. 

You acknowledge and agree that if your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you will assume all costs thereof.

Our Rights

We reserve the right to withdraw or amend, temporarily or permanently, this website (or any part thereof) without notice to you.

We reserve the right to change these Terms and Conditions at any time, and it is your responsibility to check these regularly for changes.

By continuing to use this website, you are (a) confirming that you have accepted any such changes and (b) you are agreeing that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

Customer reviews

Customers may leave product reviews on our website. This content is monitored and we reserve the right to remove, reject or edit it at any time. When submitting information to our website as a review, you understand that what you have submitted is not copyright protected and you are making it publicly accessible. 

Product information & usage

• Guidance on how to use our products can be found on the website and is also printed on the product packaging. 
• Products are for external use only and not consumption. They should be kept away from children and stored as directed.
• Some products contain nut oils. Although these types of nut oils do not normally irritate people with nut allergies, we recommend consulting your doctor before purchasing if you have an allergy. 
• Sensitivity to skincare products can happen with any ingredient and is very individual. All our products contain ingredients which may cause sensitivity/an allergic reaction. All ingredients are clearly listed on both the product packaging and on the website. Buyers should ensure they are not allergic to any of the ingredients contained before purchasing. 
• You agree we are not responsible for any reaction to any ingredients.
• If you have any health issues, are pregnant or nursing, or are planning a pregnancy, seek medical advice before purchasing products. All the information within the website is to be used for reference only. Nothing we sell, produce or advertise is intended to replace professional medical advice.  
• All products have passed Safety Assessments and fully comply with EU Cosmetics Directive 76/768/EEC and UK legislation.
• Products should always be stored in a cool, dry place away from direct sunlight, and be used appropriately in line with guidance. Product best before end dates can be found on the packaging. Once opened products are best used within 6 months due to the nature of the ingredients used (unless otherwise stated on the packaging/website).
• We will accept no responsibility for any damage or defect of goods from inappropriate storage or use, including use beyond best before dates. 
• Due to the ingredients being of natural origin, scent, colour and consistency may vary slightly from batch to batch. This does not in any way affect the quality or effectiveness of the product.

• All our products are subject to availability. 

• We reserve the right to withdraw or discontinue any product at any time, even after an order has been placed.  We will contact you as soon as possible in the event of your ordering an unavailable item and offer you either an alternative, or a refund of all monies in the method in which they were originally paid.

• We reserve the right to limit the quantities of any product(s) that we offer

Pricing

• Prices shown are in UK Pounds Sterling and all transactions made through the site (orders and refunds) are based on the UK Pound Sterling amount, regardless of where the customer is based. Prices exclude the delivery charge, which is determined and added to your order at checkout.
• Prices shown are inclusive of UK VAT. For overseas customers ordering outside of the UK, the VAT will be removed at checkout. For EU customers, UK VAT will be replaced by your local VAT at checkout.
• Although we try to ensure all prices on our website are correct and up to date at all times, it may at times happen that prices are incorrect or have changed without notice. In the event that a price is incorrect for whatever reason, we will correct the price and ask you to confirm whether you still wish to purchase the goods at the correct price, or cancel your order. If we are unable to contact you, we will at our discretion treat the order as cancelled. We will not be obliged to supply goods at the incorrect price, and reserve the right to withdraw the goods from sale and cancel your order at any point prior to despatch.
• Prices are liable to change at any time and without notice

Ordering and Contract

Our ordering process is easy to navigate. Please follow the instructions as you proceed. If you have any questions about how to order, or run into difficulties, please contact us.

By placing an order, you are agreeing to be bound by these terms and that all information provided by you is accurate and complete. Payment is taken at the time the order is placed. Once payment has been made in full and cleared, you will receive an email from us acknowledging the receipt of your order and detailing product(s) ordered, cost and delivery details. Please check all details on this acknowledgement are correct and contact us as soon as possible at hello@apothaka.com if any details are incorrect. 

Please note that your order does not form a binding contract between us, but rather an offer to purchase goods from us. All orders are subject to acceptance by us, and no legally binding contract for the sale of any product will exist between you and us until we have despatched your order to you. We will send you a shipping confirmation email to let you know when the goods have been despatched.  

We reserve the right not to accept any order, and to cancel an order at any time prior to despatch, without giving reason. In the event of cancellation, we will refund or cancel any payments received in full, via the payment method used to place the order.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

Payment

All payments can be made through Shopify Payments, PayPal or Google Pay. You do not need to have a PayPal account in order to place an order, just follow the on screen instructions to complete and once completed you will be redirected back to the site. Payment must be cleared before your order is shipped. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

All card transactions (including via PayPal) are subject to validation checks and authorisation. If for any reason the issuer of your payment card refuses to or does not authorise payment to us, we will not be liable for any delay or non-delivery.

Delivery information

• Preparation of your order can only happen once full payment has cleared. All information about delivery costs, and timings for despatch can be found here. Please read this section before ordering.
• Deliveries on bank or public holidays are not possible.
• Please ensure all delivery address details are entered correctly. Once despatched, we are unable to amend delivery details. We will not be held responsible, and have no liability to you for any items that are not delivered or are delayed due to incorrect details, nor items which are delivered to postboxes (where proof of delivery from the carrier company is available) and are subsequently misplaced. We also cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed delivery, including delivery to PO boxes on a signed for service, which is not possible.
• If the recipient is not in when delivery is attempted, they may leave it with a neighbour, or a card will be left with details of how the item can be collected or redelivered. If delivery is not successful it is solely the customer’s responsibility to rearrange the delivery or collect the order from their local Post Office. If you do not arrange collection/redelivery within the specified time shown on the card, the goods will be sent back to us and we will refund the price of the goods excluding any postage costs.
• While we make every effort to have your goods delivered in the estimated delivery times, we cannot guarantee delivery in that timeframe, and we are not responsible, and have no liability to you, for any delays which occur whilst your goods are in transit with the courier. We also cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed delivery. 
• During adverse weather conditions (including but not limited to high winds, heavy snow, ice, flooding or heavy fog), our delivery partners may be unable to deliver orders on time. This is outside of our control and we do not accept any liability or responsibility for delayed deliveries in these circumstances.
• We ship worldwide to several destinations. Outside of the UK you may be required to pay import duties/taxes when your order reaches your country. These and any additional charges for customs clearance are entirely your responsibility. We have no control over these charges and cannot predict their amount.  Please contact your local customs office for more information before placing your order if you have any questions.
• You agree you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach of any such laws by you.
• Products are thoroughly checked before shipping. In the unlikely event that your items (excluding outer packaging) arrive damaged please notify us within 48 hours, including a photo of the damage in question. We cannot be liable for claims reported outside of this time. We reserve the right to require proof of damage. Please see our Shipping & Returns Information page for further information.
• In the case of a missing parcel which hasn't been marked as delivered, we will attempt to locate the parcel. If we are unable to locate it, we will ask you to fill out a missing parcels form in order that a claim can be made, and replacements will be sent. Claims can only be made if you have written evidence from your local mail carrier that the parcel has been lost.  
• We cannot accept a claim for loss, nor send replacement items unless at least 10 working days for items posted to the UK, 20 working days for items posted to Europe, or 25 working days for items to the rest of the world have passed from the expected due delivery date. Please see our Shipping & Returns Information page for further information.

Returns Policy

As a small, independent business, customer service is extremely important to Apothaka Ltd and therefore, our aim is to provide you with the best service and fairest returns policy.  Our full returns policy is outlined here, please read it carefully before placing your order.

Your Account

You are responsible for maintaining the confidentiality of your password and account, for any activities that occur under your account and for preventing unauthorised access to your account. Apothaka Ltd shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

You are responsible for ensuring that all information provided to us is correct and complete, and agree to inform us immediately of any changes to the information that you provided when registering

Promotions / voucher codes & Glow Getters rewards club

All Voucher Codes, promotions, including those from the Glow Getters rewards club are subject to change without notice and therefore, are not guaranteed. Any codes confirmed by the online process are subject to our terms and conditions and can be withdrawn without prior notice. Please note that only one code can be used in any transaction, it is not possible to combine discounts. Certain promotional codes may be restricted for use against specified products. Promotional codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions. Where a promotional code entitles you to a percentage discount, the discount will not be applied to the delivery charge. We are unable to apply discounts to orders already placed. 

Full terms & conditions for using the Glow Getters Rewards club can be found here.

Reselling of products

All products available on our website are for personal use only. You may not sell or resell any of the products.

We reserve the right to cancel or reduce the quantity of any orders that we believe may result in the violation of our Terms.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. For contractual purposes, by using our site you are accepting that communication with us will be primarily electronic through e-mail or notices posted on our website, and that you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Links to Third Party Websites

We are not responsible for the contents or reliability of any other websites to which we provide a link and do not necessarily endorse the views expressed within them, their products or services. The links to other websites do not imply a recommendation for all the content found on these sites. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites, you do so at your own risk. Please be aware that when you leave our website, other sites may have different privacy policies and terms of use which are beyond our control.

Linking to Our Website

If you wish to link to this website, you may only do so subject to the following conditions: 

You must not:

1) imply in any way that we are either endorsing or promoting any products and/or services;
2) misrepresent in any way your relationship with us;
3) present any false information about us;
4) link from a website which is not owned by you;
5) link from a website which contains any content which is in any way controversial or offensive;
6) link from a website which infringes any intellectual property rights or rights of any person; or
7) link from a website which does not comply in any way with the law in the United Kingdom.

If you choose to link to our website in breach of these terms you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Limitation of Liabilities

To the fullest extent permitted by applicable laws, Apothaka Ltd nor any of their respective directors, employees, affiliates or other representatives, shall not be responsible to you whether in contract, tort (including negligence) or otherwise, or accept any liability for (including but not limited to):

incidental, special or indirect loss; consequential loss;

loss of data;

loss of income, revenue or profit; loss or damage to property;

loss of anticipated savings;

loss of business; loss of sales;

loss of goodwill or reputation; economic or commercial losses; waste of management or office time;

any third-party claims arising out of the use of the site or for any products or services purchased from www.apothaka.com; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Our total liability to you for any loss or damage arising either directly or indirectly in connection with this Agreement shall be strictly limited to the total price of your order.

Nothing in these Terms and Conditions shall exclude, limit or restrict our liability for death or personal injury caused by our negligence.

A person who is not a party to these Terms and Conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

Severability

In the event that any one or more of the provisions of these terms of use is determined by any court or other competent authority to be invalid, unlawful and/or unenforceable, the remaining provisions shall be unimpaired and will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision.

Limited Warranties

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We take all reasonable measures to ensure that this website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Apothaka Ltd shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the website.

We make no warranties as to the availability or accessibility of the website. The website may at times be temporarily unavailable due to server issues or issues such as system failure, maintenance or repair or for any other reason beyond our control. 

Where possible we will try and give users advance warning of any maintenance issues or expected downtime, but shall not be obliged to do so.

We will not be liable for any damages, losses, costs or expenses incurred by you as a result of any lack of availability or accessibility of the website or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium.

We do not accept liability for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

Events Beyond Our Reasonable Control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events that could not be anticipated and are outside our reasonable control (a ‘Force Majeure Event’).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:

Strikes, lock -outs or other industrial action

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or 

threat or preparation for war

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport

Impossibility of the use of public or private telecommunications networks

The acts, decrees, legislation, regulations or restrictions of any government

In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.

Law and Jurisdiction

Apothaka Ltd’s Terms and Conditions shall be governed by and construed in accordance with English Law. Any dispute arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts. By agreeing to these Terms and Conditions, you are agreeing to submit to English law.

Additional Information

This website 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.