Terms And Conditions
Delivery Terms & Conditions
Services
- We will transport your parcels or packages in accordance with these Terms (“Services”).
- We may sub-contract or delegate the Services or any of our obligations under these Terms.
- We reserve the right to refuse to carry any Shipments given to us for delivery.
Payments and Charges
You will be charged for Shipments in accordance with the fees and charges set out on The Cackling Witch (“Fees”). The Fees will be automatically deducted from your The Cackling Witch account upon receipt of the Shipment by The Cackling Witch for delivery. Should any additional sums be due to us under these Terms, we have the right to settle such sums directly from your The Cackling Witch account.
As between the parties, you will be responsible for the collection and payment of any and all of your taxes together with the filing of all relevant returns, such as VAT and Intrastat returns and issuing VAT invoices/credit memos where required. The Fragrance House is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale. Any and all fees payable by you pursuant to this Agreement are exclusive of all sales, use and similar taxes, and you will pay any taxes that are imposed and payable for such amounts. If we are required by law or by any administration to collect any value added, sales, use or similar taxes from you, you will pay such taxes to us.
Representations and Warranties
You represent and warrant that:
- You are the owner or authorised to act on behalf of the owner of the Shipment;
- You are the consignor of the Shipment and shall comply with any applicable transportation rules and regulations;
- The documents accompanying the Shipment are true, correct and complete in all respects and are compliant with all applicable laws;
- The information provided in relation to the Shipment by you is complete and accurate;
- The Shipment does not contain any Prohibited Goods listed in these Terms and/or on The Fragrance House Seller Central or The Fragrance House Shipping relating to the ship method selected;
- Shipments will comply with any packaging and labelling restrictions on The Cackling Witch relating to the ship method selected;
- The Shipment has the Shipping Label securely affixed, is adequately packed to ensure safe transportation and complies with all applicable laws;
- You shall, if required, provide such information and such documents to us as is necessary to meet any applicable requirements. It is your responsibility to ensure such information and documents provided are correct; and
- The Shipment complies with these Terms and has not been interfered with since being packed.
We reserve our rights to verify the accuracy of the details contained on the Shipping Label and the contents of the Shipment.
Indemnity
You agree to indemnify us for any loss or damage incurred by us or any claim brought by a third party against us arising out of or in connection with your breach of these Terms.
Liability
Unless any international convention or mandatory national law applies, we shall only be liable to you for loss or damage to Shipments where we have failed to act with reasonable care and skill and (save in the case of personal injury or death) limited to proven damages not exceeding £100 per Shipment. Where any international convention or mandatory national law does apply, our liability shall be governed by and will be limited accordingly.
We shall not be liable for any indirect, consequential or special damages (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss).
We shall not be liable for any loss, damage or delay to Shipments arising from your breach of these Terms.
We shall not be liable for loss, delay or damage to any Shipments arising from circumstances beyond our reasonable control, including adverse weather, fire, flood, war, hostilities, civil disturbances, acts of government or other authorities and labour disturbances or obligations affecting us or some other party.
Claims
Claims must be notified to us within 90 days from the date of purchase of the goods by the receiver and proceedings served on us within 9 months, failing which, we shall have no liability whatsoever. Receipt of the Shipment by the receiver without written notice of damage on the delivery receipt is evidence that the Shipment was delivered in good condition.
You have no right to set off any claim against any sums due and owing to us and your rights under these Terms are subject to us having received all charges, costs or expenses (including interest) outstanding in relation to the Shipment the claim relates to.
If you wish to make a claim, you must contact us in line with the process set out in the Help page at The Cackling Witch. Where such claim is approved we will reimburse the receiver for the purchase price of the goods and any delivery charges paid. Any amount paid by us to the receiver in excess of our maximum liability under clause 5.1 will be automatically deducted from your The Cackling Witch account. In the event of a claim our Fees will not be reimbursed to you.
General
These Terms will be governed, interpreted, construed and enforced in all respects in accordance with the laws of the country where the shipment is delivered to The Fragrance House for transportation and the courts of that country shall have exclusive jurisdiction.
If any provision of these Terms is held to be invalid then that provision will be modified to the extent necessary to give effect to the commercial intentions of the parties and to make it enforceable, and any invalidity will not affect the remaining provisions.
In the event any provision in these Terms conflicts with or derogates from any mandatory international convention or national law that applies then that provision shall only be varied to the extent necessary to give effect to the conflicting provision of the applicable mandatory convention or national law and all other provisions shall remain in force.
These Terms form the entire agreement between us and you in relation to the Services and supersede all prior agreements and discussions relating to the same.
No amendment or variation to these Terms will be enforceable unless expressly agreed in writing by an authorized The Fragrance House officer. No modification of these Terms is binding unless it is in writing and signed by both parties.
We reserve the right to make changes to these Terms at any time. You will be subject to the version of these Terms in force at the time of purchase and are responsible for reviewing the Terms and informing yourself of all applicable changes. Your continued use of the Services after The Fragrance House’s posting of any changes will constitute your acceptance of such changes or modifications.
Neither party waives any right under these Terms by failing to insist on compliance with any of the provisions or by failing to exercise any of its rights.
Terms & Conditions – Sessions & Website.
Please carefully read our terms & conditions below before going through with a booking & our services.
We are working extremely hard to become the greatest witchy business in history. Currently our results speak highly of us, all’s we ask in favour is that you respect our terms of business, policies and our staff. In return, we will always deliver what we promised, The Cackling Witch finish!
Terms and Conditions – Website
Welcome to our terms. Our terms are designed to provide you with a guideline as to how all aspects of our services are accessed and how you can and should interact with our services.
Summary
Part 1 – Terms of Use
Part 2 – Community Guidelines
Part 3 – Privacy and Cookie Policy
Part 1 – Terms of Use
Introduction
Our services are provided by and maintained by us for your personal entertainment, information and communication.
The services offered by us include features, events, content, applications, competitions, prize draws and/or other promotions.
By using these services, you may need to download software and/or content and/or agree to additional terms. For example, if you wish to access online events, you may be required to comply with these terms of use and accept additional terms and conditions before you can access and use these services.
Your agreement with us includes these terms of use and in addition our:
Community Guidelines , which set out our approach to community interaction and how we moderate your content, such as comments made in relation to our articles; and
Privacy Policy & Cookie Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and information about how your use of our services is monitored so that we are able to improve your user experience. Please read our Privacy Policy and Cookie Policy so that you understand
our privacy practices. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.
Accessing our services
Modifications
We may, at our discretion change, remove, suspend or discontinue any aspect of our services at any time including the availability of any content (e.g. a community forum may be withdrawn). Whilst we will do our best to make all content available to all users of our services, some content may not be available to users from all countries.
Using our services
Our content
Our content, trade marks, copyright, patents, logos, domain names and other related intellectual property rights or other features of our brand belong to us or to our licensors. Your use of our services does not grant you any rights in our or our licensors’ intellectual property whether for commercial or non-commercial use.
We grant our users a licence to access and use our services and intellectual property rights (subject to your ability to access our services as set out above) and to the following usage restrictions:
(a) you may use our services for personal, private and non-commercial purposes; and
(b) you must not commercially exploit, or sell any content appearing on our services (this does not apply to any user content posted by you and in which you retain ownership rights – see paragraph on user generated content below).
In consideration for the rights that we have granted you under these terms of use, you permit us to provide advertising and other information to you, including permitting our third party affiliates to do the same.
Third Party Content
Third party content included as part of our services, is licensed to you either under these website terms of use or through such third party terms and conditions that will be made known to you as and when they become relevant (e.g. if you use online video events you may be required to accept additional terms and conditions before you can use these services).
Costs of using our services
We provide our users with a variety of services. To benefit fully from our services, we may occasionally require you to download our content and/or call our service providers. If there are charges associated to any of these services, we will make it clear before you incur any such charges and you will be responsible for any charges incurred from that point on.
Changes to our terms
At any time, we may amend these terms of use to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience in using our services, so please ensure that you check our terms of use frequently. By continuing to use our services after any changes are made, you are accepting those changes and will be bound by them. If we make any important changes to our terms of use, we will notify you and make it clear what important changes have been made.
User generated content
Users of our services may submit, post and/or upload content (including comments and pictures) to various parts of our services. In posting your content on our services, you confirm to us that you are the owner or have the consent from the owner to post the content and it does not violate the privacy rights, copyright and other intellectual property rights, contract rights or any other rights of any person.
By submitting content, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content that you post (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such content.
You also warrant that you have read and agree to our Community Guidelines which are incorporated in these terms of use and govern all interactions with us.
We do not endorse your content, or the content of those employed by us. We do not guarantee the accuracy or authority of your content. We reserve the right to remove your content, at any time and for any reason, in accordance with our Community Guidelines.
Images of children are strictly regulated on our service. We allow them but must ensure that they comply with strict guidelines, including that they should not be sexualised in any way, and that they are posted by the child’s immediate family. In many cases we find that parents or relatives upload pictures of their children in good faith, unaware that these might be copied and misused, or that there are privacy issues around their use on the internet. We remove them in the best interest of the child, and to protect the parents. Unfortunately, we can’t always tell for sure if a picture is that of a minor and, when in doubt, we’d rather err on the side of caution
If you believe that your rights have been infringed in relation to your content or that your content posted by other users is in breach of these above rules, contact us with details of the complaint and we will investigate.
Disclaimer
We will always aim to provide you with the best service we can, but our service is provided “as is” and we do not and cannot promise that all of the information we provide will always be 100% accurate. The information provided by our services is for information purposes only and does not constitute advice. All our services are provided without any warranties or guarantees.
Whilst we take every care to ensure that all information is accurate and complete, some of it is supplied to us by our third party partners. We have no control over third party content and we are unable to guarantee the accuracy of such third party content. Before relying on any information, whether it is from us or from our third party partners, we advise you to verify the accuracy of such information.
Although we will do our best to ensure that our service is fully operational at all times, we are not responsible for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content.
Under no circumstances shall we be responsible for any loss or damage resulting from use of our services, relying on our content or from any content posted on or through our services. However, we will not limit or exclude our liability for death or personal injury caused by our negligence in providing our services.
Limitation of our liability to you
You agree that to the extent permissible by law, your sole and only remedy for any problems, issues or concerns with our service is to stop using our services.
The law that governs our services
These terms of use and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the English courts. However, if your use of the website gave rise to a potential legal action when you were a resident of: (i) Ireland, these website terms of use are subject to Irish law and to the non-exclusive jurisdiction of the Irish court; or (ii) Scotland, these website terms of use are subject to Scottish law and to the non-exclusive jurisdiction of the Scottish courts.
Other information
In these terms of use the following words and expressions will have the following meanings:
Our content means any text, files, images, photos, graphics, video, sounds, musical works, or any other materials that we post on or through our services.
Third party content any text, files, images, photos, graphics, video, sounds, musical works, or any other materials posted on or through our services by our third party partners.
Us, our, we means The Fragrance House and its authorised employees and any subsidiary from time to time of Big Hits Digital Media Ltd.
Your content means any text, files, images, graphics, photos, video, sounds, musical works, or any other materials that a user posts on or through our services.
Part 2 – Community Guidelines
In addition to the terms and conditions set out above, you agree to use the services in accordance with our Community Guidelines that we specify in relation to a service. All such Community Guidelines shall form part of our terms of use.
Please contact us at sales@thecacklingwitch.co.uk with any questions regarding these Guidelines or our terms of use.
You must be 18 or over to book our services. If you are under 18, please stop using our service and ask a trusted adult.
These Community Guidelines are here to help users understand what is considered to be acceptable content on the website. The rules set out below aim to ensure that users engage with mutual respect, whilst encouraging open discussion.
Our service is all about you – our readers. We want to engage you and hear your views, and we ask for your participation and vigilance.
If you see something that has been posted by another reader and that you think is inappropriate, please let us know right away by reporting the comment as set out below or emailing us.
These Guidelines are applicable to all users and therefore should be read before posting a comment.
Community Guidelines
The Cackling Witch welcomes and encourages all fans to comment and share their opinion. However, certain comments will not be tolerated if they are not legal or do not add an interesting opinion, value, positivity, knowledge or constructive conversation.
Comments that will not be tolerated and will be deleted without notice at our sole discretion include those that contain crude language including swear words and sexually explicit language, threatening, abusive or offensive language, racist language, language that offends any part of the LGBT community, sexist language, content in any other language but English, content that preaches, encourages or incites religious or ethnic hatred, content that links to websites that promote the above, knowingly false or misleading content, defamatory language and defamatory comments about others, content that will not be tolerated also includes: Personal information – yours or someone else’s, spam – the same content posted over and over either on the same article or across different articles, all external URLS linking to other content including URLs and content that may be unsafe or contain material that such as viruses, files, programmes and code designed to corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected to www.thecacklingwitch.co.uk or advertising/sponsorship/external URLs for any commercial purpose, all comments with images, petitions or solicitations for donations for campaigns, content that may prejudice both pending and on-going court proceedings, content that breaks the law or condones, encourages or provides instructions for illegal or otherwise harmful activities, copyright infringements or content that infringes other intellectual property rights, the publishing of “spoilers” that includes plot developments that have not been transmitted on UK television (whether Freeview, YouTube, cable, satellite or on online services) unless it’s on a designated “spoilers” article.
In some cases, we may have to remove an entire segment of content, including messages that do not breach our terms, if it is part of a topic or conversation that was in breach of our guidelines or no longer make sense without a deleted comment. For example, if we remove a racist comment, the responses will no longer be relevant and will be removed.
Banning users
The Cackling Witch reserves the right to permanently ban any account at our own sole discretion.
Users who are persistent in posting untolerated content within their comments, according to our judgement, may have their accounts banned. This means that a user will find they are unable to comment on The Cackling Witch on any article or item etc..across the website.
Moderators may be forced to ban users as a result of posting content in breach of these Community Guidelines on the website – even if posted once, or continuously attempting to re-post comments that have been previously moderated and deleted
These rules are there to protect other users of this site and improve the community that we are so proud of. By virtue of this, we ask that you post responsibly without violating the above terms.
You can help us maintain a positive and constructive conversation by flagging comments as set out below (see How to report a comment) that you believe to be in violation or are offensive. These will be added to our moderation queue to review along with other comments picked by our system for potentially flouting our Community Guidelines.
The Cackling Witch is invested in creating a valuable forum and a place for individuals to read and share their opinions. Below we have set out some suggestions as to how to write an effective comment that won’t be moderated:
– Stay on the main topic of discussion
– Avoid Caps Lock – it can look like you are shouting and sometimes have a negative impact on the way your comment is perceived
– Be open-minded about other people’s opinions and views – although you don’t have to agree with everyone, insulting or mocking their opinion is not acceptable
– Engage with other users appropriately – be respectful and polite to other users on the site
– Use the Like and Dislike features – this is a good way of communicating you agree or disagree without being argumentative
– Ask thoughtful questions
– Double check your message before you post it – you will be allowed to edit it for a short amount of time
In following these tips along with adhering to all of the Community Guidelines, it is very unlikely your comment will be moderated. If you see a comment that you think is a violation of the Community Guidelines, here are the steps to take in order to report it – email sales@thecacklingwitch.co.uk
Privacy and cookie policy
WHAT ARE COOKIES
Cookies and other online tracking technologies are small bits of data or code that are used to identify your devices when you use and interact with our websites, apps and other services. They are often used for remembering your preferences, to identify relevant content for you, to remember you’re logged in and allowing you to interact with our products and services.
WHAT OTHER TECHNOLOGIES DO WE USE
As well as cookies, we use other types of tracking technologies:
Web Beacons and Tracking Pixels
These are bits of data that count the number of users who access a website or page and can also allow us to see if a cookie has been activated. Web beacons used on pages or in emails allow us to see how successful an article has been, or whether an email message was successfully delivered and read in a marketing campaign. Web beacons are also used to verify any clicks through to links or advertisements contained in emails. We may use this information to help us identify which emails are more interesting to you and to inform advertisers how many customers have clicked on their adverts (the information shared with advertisers is aggregated and does not identify you individually).
Flash Cookies
We may, in certain situations, use Adobe Flash Player to deliver special content, such as video clips or animation. To improve your user experience, Local Shared Objects (commonly known as Flash cookies) are used to provide functions such as remembering your settings and preferences. Flash cookies are stored on your device, but they are managed through an interface different from the one provided by your web browser.
Tracking URLs
Tracking URLs are a special web link that allows us to measure when a link is clicked on. They are used to help us measure the effectiveness of campaigns and advertising and the popularity of articles that are read or programmes that are viewed.
Device Fingerprinting
We may collect and analyse a device’s browser information to help identify that device, present content correctly, conduct analytics and help prevent and detect fraud.
If you Access our Services from a Mobile Device
We may collect a unique device identifier assigned to that device, geo-location data, and other transactional information for that device. We may also use the unique identifier to validate free trials, for example.
WHAT CATEGORIES OF COOKIES DO WE USE AND WHY?
Essential Cookies and Similar Technologies
These are vital for the running of our services on our websites and apps. Without the use of these cookies, parts of our websites would not function. For example, we use these cookies to:
– help us identify which of our readers, listeners or viewers have a subscription in order to access content they are entitled to on the website or app
– tell if you are logged in to your account, which allows extra functionality, such as commenting on stories
– identify and prevent threats to our sites or apps
– protect your information and our business from outside threats
– allow you to connect to our websites or apps
– allow you to select and purchase products and services on our websites or apps
– measure audiences across our websites or apps for industry reporting purposes
Analytics Cookies and Similar Technologies – these collect information about your use of our websites and apps, and enable us to improve the way they work. For example, analytics cookies show us which are the most frequently visited pages allowing us to display the most popular articles more prominently. They help us record how you interact with our websites or apps, such as how you navigate around pages and from page to page, identifying improvements we can make to the customer journey. They also help identify any difficulties you have accessing our services, so we can fix any problems. Additionally, these cookies allow us to see overall patterns of usage at an aggregated level. This means we can highlight content and articles that we believe will be of interest to you. We provide personalisation by using cookies, IP addresses, web beacons, URL tracking and mobile app settings.
We may place cookies and similar technologies on behalf of comScore who help us measure the size and quality of our audiences across platforms. You can learn more and control how comScore use your information here.
Functional/Preference Cookies and Similar Technologies
These cookies collect information about your choices and preferences, and allow us to remember things like language, your username (so you can log in faster), text size, and location, so we can show you relevant content to where you are. They allow us to customise the services you have accessed. We also use these cookies to provide you with services such as video clips.
Social media cookies
These cookies are used when you share information using a social media sharing button or “like” button on our sites or apps, or when you engage with our content on or through a social site such as Facebook or Twitter. These cookies collect information about your social media interaction with our websites or apps, such as whether or not you have an account with the social media site and whether you are logged into it when you interact with content on our websites or apps. This information may be linked to targeting/advertising activities.
Tracking, Advertising Cookies and Similar Technologies
We use these types of technologies to provide advertisements that we think may be more relevant to your interests. This can be done by delivering online adverts based on your previous browsing activity, known as “online behavioural advertising” (OBA). Cookies are placed on your device which will remember the websites you have visited or content you have viewed. Adverts based on what you have been looking at are then displayed to you when you visit websites or apps which use the same advertising networks.
These cookies may also be used to:
-track how many times adverts are seen by users;
determine if an advert lead to a click through to another website and lead to a sale or other action;
-protect our advertisers’ brands; and
-provide you with adverts based on your location, offers you click on, and other similar interactions with our websites and apps.
THIRD PARTY COOKIES
We sell space on our websites and apps to advertisers. The adverts they display on our websites or apps will often contain cookies. Our advertisers may use cookies or similar technologies to provide you with advertisements that they believe are relevant. They may use browsing data obtained to restrict the number of times you see particular adverts (frequency capping). You may also see adverts from these advertisers on other websites you visit. Google.com has a cookie for this type of data and more, plus this website has a cookie to store your purchases and bookings data as you use our website, YouTube has one to check the popularity of our video trailer hosted upon YouTube and delivered here as does Double Net. There are also 2 other cookies called WordPress and WP used to help this website operate by making it easier to tailor to users and move around the website. , Third parties that support our services by serving advertisements or providing other services, such as allowing you to share content or tracking aggregate service usage, may also use cookies and other technologies to collect information relevant to the provision of those services.
We do not control third party cookies or other technologies. Their use is governed by the privacy policies of third parties using such technologies. You should make sure you are aware of how third parties will use cookies and whether your cookie data will be transferred to a third country by checking the third party’s cookie policy.
We do offer you the opportunity to control some third party cookies from partners we work with. A list of the third parties who place cookies on our websites can be found by accessing our consent management platform on our websites.
We work with Google Marketing Platform and others to help us deliver relevant advertising. To find out more about how this works visit: https://marketingplatform.google.com/about/ for more.sa
