Privacy Policy Including Terms & Conditions
BCALM is part of B Calm Ltd. Our principal business activities involve the development of well-being products.
Company Number: 12908290
B Calm Ltd. respects the privacy of every person for whom we have personal data [“data”]. We comply with data protection legislation such as the Data Protection Act 1998 and the General Data Protection Regulation which regulates the processing of data and ensures that your data is processed fairly and lawfully, is kept secure and only that data necessary for any processing is kept.
This policy summaries the information we may collect about you and how we may use that data. We primarily collect data to provide you with services and products you have requested, to provide services and products likely to meet your needs, to improve services and products provided to you and to sell advertising space to help us provide many services free of charge. The policy tells you how we ensure the information we have is kept accurate and how you can request access, deletion, rectification, restriction, transfer and withdraw consent (where applicable) and make a complaint.
We have a number of avenues within the business where we may collect and use data about you in different ways. In the event that one of those avenues does use data other than detailed in this policy, it will publish its own policy on its own web site and you should refer to the privacy policy of that business and not this group policy. As a business we may update the privacy policy at any time without notice so please check back regularly so you are aware of any changes. This privacy policy is subject to our terms and conditions which are found on each business’s website. What Information do we collect and how is this collected? We only collect personal information if we have your permission, or we have reasonable commercial reasons for doing this, such as collecting information to send you products, process event registrations or to supply you with services. We will only collect the minimum amount of information we need to do these things. We may collect some of the following data such as name, email address, telephone number, purchasing preferences, historical purchasing with us and event bookings you have made on our website plus various other data. This data may be collected when you order a product or use our website.
Terms and Conditions:
B Calm Ltd. trading is the operator of www.bcalm.co.uk (the "Site").
Our registered number is 12908290. The registered address of this company is Holly Cottage, Grove Hill, Langham, Colchester, Essex CO4 5PJ
By accessing, browsing or using ourSite, you acknowledge that you have read and agreed to be bound by these Terms of Use (these "Terms"). If you do not agree to these Terms, you should not use or access this Site. BCALM reserves the right to revise these Terms at any time by updating this posting, but will not change these Terms in relation to orders which have been placed and acknowledged by BCALM before the change is made. You should review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the BCALM Terms and Conditions and the Site Privacy Policy, which are incorporated herein.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE OR THE APP. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BCALM RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY BCALM BEFORE THE CHANGE IS MADE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site constitutes your acceptance of any such changes.
Use of the Site:
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of BCALM. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of BCALM. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
All Members are required to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic, homophobic or of a sexual nature
• Engaging in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site’s or B CALM'S network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system
You cannot use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Furthermore, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorisation and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Account Passwords and Registration:
In order to access certain services on the Site, you must provide specific information. All information about you must be truthful, and you may not use any aliases or other means to conceal your identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorised use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
Additional Terms and Conditions:
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including our Privacy Policy. Any Additional Terms will be made available to you at the appropriate time and are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Registered Users:
The Site is available to registered users/account holders who are 18 years and older and who have not been suspended or removed by BCALM previously for any reason. We reserve the right to terminate your account for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Where we terminate your account, this will not affect current orders which we have acknowledged unless we revoke as a result of your breach of these Terms or the Privacy Policy or any other guidelines or rules, in which case we may terminate all existing orders and will not be obliged to make any refund. In the event that we revoke a subscription program, you will be reimbursed any subscription fees on a pro rata basis.
Orders and Subscriptions:
When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select.
Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance.
Your order constitutes an offer to BCALM to buy a oil subscription. All orders are subject to acceptance by BCALM. BCALM is not obliged to accept your order and may, in its discretion, decline to accept any order. Where BCALM accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.
By purchasing a subscription, you acknowledge that you will pay for this as one product up front not via an initial and recurring payment method. Your subscription will be automatically extended for the period chosen, at the original subscription rate. Your credit card will be charged on the 1st of every other calendar month. Any cancellations need to be done prior to 5pm of the last day of the previous oil subscription duration to prevent the charge for that oil subscription duration.
If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there. Or you must log on to your account or email us at hello@bcalm.co.uk and we will do it for you. If you cancel, you may use your subscription until the end of the then oil subscription duration.
You may choose to opt out of auto renewal at any time.
The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see Consumer Rights and Cancellation below).
Prices include VAT and delivery costs (where applicable) will be added when you view the items in your shopping basket.
Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognise, though, that in the rare case of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.
We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.
Consumer Rights and Cancellation:
You may cancel your first order and receive a refund at any time before your order is delivered and up to fourteen days afterwards (cooling off period), beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the BCALM refunds policy (see below).
Each oil subscription is for these purposes a single order forming part of a regular delivery of goods, so you can only cancel a oil subscription and receive a refund within fourteen days of receiving your first oil delivery. You can of course cancel your subscription at any time, but it is only if you do it within this initial fourteen day period after your initial subscription that you will be entitled to a refund (as required by UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
To cancel your order, you must inform BCALM by email, giving us your name, address and order number. You must return the products to BCALM within 14 days of notifying us of the cancellation in the same condition in which you receive them and at your own cost and risk. BCALM has a right to deduct from your refund amount any reduction in value of the products caused by your handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.
BCALM Refund Policy: If you cancel an order within the fourteen-day cancellation period (see above), BCALM will refund you as soon as possible and, in any case, within fourteen days of the day of our receipt of the returned products or (if earlier) the day you provide evidence of having sent the products back to us.
BCALM will refund the price of the products in full excluding the cost of delivery, if under the years warranty. BCALM will refund the purchase price using the same method originally used by you to pay for your purchase.
Product Information; Limitation on Quantities:
Excluding any content which may be submitted by third parties/brands from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Proprietary Rights:
You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, sound, software and other elements available on the Site are the property of BCALM are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. B Calm is a registered trademark. All other trademarks are the property of their respective owners. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by B Calm Ltd.
Submitted Content:
By submitting or posting any materials or content on the Site, you grant BCALM a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our website and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant BCALM the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant BCALM the license specified above. You also confirm that any materials you provide will not contain libellous- or otherwise unlawful, abusive or obscene material. BCALM will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
Submitting Reviews - Review Guidelines:
BCALM values your feedback. If leaving a review, please bear in mind the below:
• Focus on the product and your individual experience using it
• Provide details about why you liked or disliked a product
We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:
• Obscenities, discriminatory language, or other language not suitable for a public forum
• Advertisements, "spam" content, or references to other products, offers, or websites
• Email addresses, URLs, phone numbers, physical addresses or other forms of contact information
• Critical, detrimental or spiteful comments on other reviews posted on the page or their authors
BCALM is not responsible if you cannot access the Site suitably or at all due to issues with your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside B CALM's control. If you cannot access the Site suitably or at all because any of these reasons, B CALM will not refund any money you have paid or compensate you in any way.
To ensure optimum pleasure from the Site from time to time BCALM may need to install updates, fix bugs, and do general diagnosis and maintenance of the Site. BCALM will always attempt to schedule such works at a time when we expect lowest impact to users. BCALM may also need to be able to do emergency maintenance and/or suspend access to the servers where, in BCALM'S reasonable discretion, BCALM sees the need to do that. BCALM will attempt to have the Site available again as soon as BCALM believes it is safe to do so.
The Site relies in part on software to work. Occasionally software has bugs. Whilst BCALM will monitor the Site and attempt to fix bugs that are made known to us, BCALM cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error free and/or free from viruses. Please report any concerns to hello@bcalm.co.uk.
Where the Site contains links to other websites and third party products or services, these links are provided for your information only. BCALM is not responsible for the content of these websites or products or services.
Indemnification:
You agree to indemnify BCALM companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or B CALM's Review Guidelines.
Limitation of Liability:
BCALM excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site ; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms.
BCALM will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher.
Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
Copyright Infringement; Notice and Take Down Procedures
BCALM specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
Severability:
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
Waiver; Remedies; Variations, Entire Agreement
The failure of BCALM to partially or fully exercise any rights or the waiver of BCALM of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by BCALM or be deemed a waiver by BCALM of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of BCALM under these Terms and any other applicable agreement between you and BCALM shall be cumulative, and the exercise of any such right or remedy shall not limit BCALM'S right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
Governing Law:
The operation of our Site and Contracts for the purchase of Goods through our Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Questions:
If you have any questions regarding these Terms, please contact us at hello@bcalm.co.uk