Terms & Conditions

DEFINITIONS

“T&C” means Terms & Conditions (this page).

“We”, “Us” and “Our” means the owners of this website and the suppliers of the goods on this website. The Owners are trading as “Breast Baby Company”

“You” means yourself who has submitted personal information whilst registering online, via email subscription or over the telephone.

ACCESS TO T&C

The owners of this website (”Owners”) reserves the right to update the T&C at any time without notice to you.

The most current version of the T&C can be viewed clicking on the “Terms & Conditions” hypertext link located at the bottom of our Web pages.

GENERAL TERMS

(a) The contents of this Site are directed solely at those who access the Site from the UK.

(b) By using this website you are agreeing to be bound by the terms and conditions set out in this policy. If you do not agree to be bound by the terms and conditions, please do not continue to use this website.

(c) All content of this Site is for information purposes only and is not a substitute for professional medical advice, rather it is designed to support, not replace, the relationship between you and your healthcare providers. You should make sure that you carefully read all product packaging and labels prior to use. If you have, or suspect you may have a health problem you should consult your doctor.

(d) You understand that you should consult your doctor before taking any new product, particularly if you are already under medical care.

(e) You are responsible for signing for packages containing our products but any signature provided by third parties at the delivery address given by yourself will be deemed to be receipt of the products and fulfilment of our obligations.

(f) We have taken care in the preparation of the content of this Site. To the fullest extent permitted by the law, we disclaim all warranties of any kind with respect to the content of this Site.

(g) All content of this Site is for information purposes only and is not a substitute for professional medical advice. It is designed to support, not replace, the relationship between you and your healthcare providers.

(h) You should make sure that you carefully read all product packaging and labels prior to use. If you have, or suspect you may have, a health problem you should consult your doctor. Please consult your doctor before taking any new product.

(i) This Site should be regarded as an invitation to treat. Any order placed by a customer is an offer to purchase, which we may accept or decline in its absolute discretion without having to give a reason. A confirmation email is notification that we have received your offer on our Site. A contract is deemed to be made at the point of a sale and full payment being confirmed by PaylPal Inc. Once full transfer of payment has been transferred from your PayPal account into our PayPal account, this contract is now seen as a confirmed order and we will promise to send out these Goods to you. If for any reason, an order cannot be fulfilled by us, we will issue a full refund back to you via PayPal and the order is deemed to be cancelled.

(j) With respect to the supply of medicines to the USA, you understand that this supply is subject to the control of the US Customs and the FDA as they cross the US border which may result in delay or non-delivery of your order. We accept no responsibility if your order is seized by US customs, we will not be able to offer a refund for orders not delivered under these circumstances. You agree and understand that it is your responsibility to prepare for any delays that may occur in obtaining your order from us, and further that in the event of US customs seizing your order, the cost of the order will be born by you in full.

(k) We will make every effort to replace any damaged products. Please note that we are unable to accept returns or cancellations of medicine or personal products which you have decided you no longer wish to keep.

(l) We will not be held responsible for lost parcels caused due to an incorrect delivery address entered by the customer. Delivery address cannot be changed once the order has been shipped.

(m) Errors & omissions excepted.

DESCRIPTION OF SERVICES

The web services provided to you by this website are subject to the following Terms and Conditions (’T&C’).

Through its web sites, the Owners provides you with access to a variety of on-line resources, downloads, user restricted areas, user-generated comments and product information (’Services’) and the ability to order Goods online.

The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the T&C.

WEB SERVICES

The Owners primary website address is “www.crackednipplecream.com”, but may also relate to any other domain name registered under the name of the Owners or any authorised Author of these sites - (”the Website”/”Site”).

Use of and access to the Website is subject to the T&C. By using or accessing the Website or any part thereof you agree to be bound by the T&C.

COPYRIGHT / TRADEMARKS

© www.CrackedNippleCream.com 2008. The unique content produced in the Website is owned by the Owners and protected by United Kingdom and International copyright laws. All rights are reserved.

Cracked Nipple Cream, Breast Baby are trademarks, registered trademarks, or service marks of the Owners of this site.

All other trademarks are the property of their respective owners.

Any party using or accessing the Website (’Visitor’) is entitled to copy any such information for their own personal use but may not re-publish, store or reproduce any such information in any manner:

(1) without the prior written consent of the Owner or
(2) save where such reproduction is expressly permitted as set out in the Website.

Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action. The Owners/Authors disclaims all liability which may result from any unauthorised reproduction or use of the information on the Website.

SECURITY OF PERSONAL DATA

As the internet is not a secure medium of communication, the Owners cannot guarantee the security of any information which any party inputs on the Website or any website accessed via a hypertext link from the Website (’Linked Website’). The Owners is not and will not be responsible for any loss or damage any party may suffer as a result of the loss of confidentiality of any such information.

LIABILITY FOR DAMAGES

The Owners and any third party involved in creating, producing, maintaining or delivering the Website, and any of the Owners’s subsidiaries or affiliated companies, its officers, directors, employees, shareholders or agents or any of them shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from (1) the use of or access to or inability to use or access the Website or any Linked Website; (2) any interruption or unavailability of the Website or any Linked Website; (3) the operation or transmission of the Website or any Linked Website; and (4) any damage caused by any virus which may infect computer equipment, software, data or other property of any Visitor accessing the Website or any Linked Website.

WARRANTIES

Visitors acknowledge, understand and agree that:

- their use of the Website is at their sole risk. The information on the Website, including but not limited to any content posted on the Website by Visitors (’Visitor Content’) is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, the Owners expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

- the Owners makes no warranty that (1) the Website will meet the requirements of Visitors; (2) the Website will be uninterrupted, timely, secure or error free; and (3) any information that may be obtained from the use of the Website will be accurate or reliable;

- any material downloaded or otherwise obtained through the use of the Website is obtained and used at the Visitor’s sole risk and discretion and Visitors will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material;

- no advice or information, whether oral or written, obtained by Visitors through or from the Website shall create any warranty by the Owners;

- their use of this sites (e.g. www.CrackedNippleCream.com), including the submission of comments or posts, shall not create any warranty by the Owners. Visitor-generated comments may be moderated for fitness of purpose and the Owners reserves the right to delete any materials that are found to be inappropriate at any time without prior notice. All such postings or comments are expressed by individuals and in no way represent any obligations to or by the Owners;

- the Owners neither endorses the contents of any website communications, postings or comments - nor assumes responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. It is the responsibility of any Visitor to report any such instances of the above, if they believe that the contents of a blog communication may infringe their ownership of copyright. All reported incidences will be investigated and may result in the relevant post or comment being removed from the blog site without notice.

- by becoming a contributor/author of the site (’the Service’), you agree to not use the Service to: (1) upload, post or otherwise transmit any computer data or files (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (2) harm minors in any way; (3) impersonate any person or entity, including, but not limited to, a website official or system administrator, blog administrator, author or fellow contributor, or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (5) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (6) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (7) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (8) intentionally or unintentionally violate any applicable local, national or international law; (9) “stalk” or otherwise harass another; (10) collect or store personal data about other users; nor (11) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual.

PRIVACY POLICY

By using the Website, Visitors agree to the capture and use of their data in accordance with the terms laid out in the Website’s Privacy Policy.

ACCURACY OF WEBSITE CONTENT

Content provided on the Website is believed to be reliable when displayed. The Owner does not guarantee that information on the Website shall be accurate, complete and current at all times. All information on the Website is subject to modification from time to time without notice, as set out below.

CHANGES TO THE TERMS

The Owners reserves the right to make changes to any part of the Website and due to its policy of updating the Website from time to time. The Owners may update or amend the T&C. The amended terms shall become effective immediately upon the posting of the amended terms on the Website, and the use of the Website by any Visitor on or after any such effective date shall constitute acceptance of such amended terms.

Visitors agree that the site Owners, in its sole discretion, may at any time remove and discard any information appearing on the Website for any reason.

GENERAL

If any provision of the T&C is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the T&C which shall remain in full force and effect.

Visitors may not assign, sub-licence or otherwise transfer any of their rights under these T&C.

If the Owners, Authors or any Visitor fails to exercise any right or remedy available under the T&C, such failure does not constitute a waiver of that right or remedy.

HEADINGS

The Headings in the T&C are for convenience only and will have no legal meaning or effect.

GOVERNING LAW

The T&C shall be governed by and construed in accordance with the laws of Scotland. If any Visitor intends to take legal action in relation to the T&C and/or the Website such Visitor agrees that the Scottish courts shall have exclusive jurisdiction.

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