TERMS AND CONDITIONS

Welcome to the 'www.spacenk.com' website (the 'website'). This website is owned and operated by Space NK Limited ('Space NK' or 'us' or 'we'). Registered office: 5th Floor, Shropshire House, 11 - 20 Capper Street, London, WC1E 6JA, Registered number: 2773985 (England and Wales), VAT number: 606138363. If you want to ask us anything about these terms & conditions or have any comments on or about our website, please email our customer services team at customerservices@spacenk.com.

These terms & conditions incorporate our privacy policy and set out the basis on which you can visit and use the Space NK website. Please read them carefully as they contain important information.

PROMOTIONS

Free Shipping applies to ground shipping only. International and air shipping are excluded from this offer.

MUST HAVE PROMOTION

This promotion offers free ground shipping only on certain products within the Space NK catalogue. Customers must use the promotion code MUSTHAVE1 during the checkout process. Space NK reserves the right to add or remove the promotion on certain products at any time.

FREE SHIPPING ON SELECTED ORDERS

This promotion offers free ground shipping only on selected orders. Customers must use the promotion code SHIPME or WELCOMEBACK during the checkout process. Space NK reserves the right to add or remove the promotion at any time.

BEAUTANNIA: BATHTIME SWEEPSTAKES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.

A purchase will not improve chances of winning.

The Beautannia Sweepstakes is only open to legal residents of the 50 United States and District of Columbia. This sweepstakes is only open to people who are at least 18 years of age at the date of entry.

By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor's discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.

1. PROMOTION PERIOD. Promotion begins on October 26 2011 and ends on January 31 2011 at 11:59pm PST, when all entries must be received ("Promotion Period").

2. ELIGIBILITY. This sweepstakes (the "Promotion") is only open to legal residents of the United States and District of Columbia who are at least 18 years old as of the date of entry, except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.

3. HOW TO ENTER. Visit www.spacenk.com/beautannia during the Promotion Period and follow the instructions to complete and submit the entry form. All entries become the property of the Sponsor and will not be acknowledged or returned. All entrant information, including e-mail addresses, is subject to the respective Privacy Policy of the applicable Sponsor.

4. WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by Space NK Founder Nicky Kinnaird within a month after the end of the Promotion period. Any potential winner will be notified by email and/or telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the "winner" of the Promotion.

5. PRIZE DESCRIPTION. There will be one (1) winner. The prize is a full range of either Bloomsbury, Brideshead, or Balfour products, and the winning entry will be published on the Space NK Apothecary Facebook page.

6. TAXES. All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility.

7. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received.

8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.

9. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor Entities"), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first tries to notify the potential winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release and, if applicable, must accompany winner on the trip (no additional travel expenses will be awarded should a parent or legal guardian be required to accompany the winner on the trip).

10. DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel or terminate this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor's good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.

11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

12. SPONSORSHIP. This Promotion is sponsored by Space NK, 99 Greene Street, New York, New York, 10012 (individually and collectively the "Sponsor").

OWNERSHIP OF RIGHTS; Limited license

All rights, including copyright, in this Website and its contents are owned by or licensed to Space NK and are protected by US and international copyright laws. Space NK grants you a limited license to access and make personal, household and non-commercial use of the Website and its contents. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, household and non-commercial use is prohibited without our permission. You may not modify, delete or distribute anything on this Website for any purpose.

The trade marks, logos and service marks ('Marks') displayed on our Website are the registered and unregistered marks of Space NK, our affiliates, our licensors and/or our suppliers in the US, the UK and other countries and are protected by US, UK and other national and international trade mark laws.

You acquire no right to or interests in the Marks by your use of our Website.

SUBMISSION OF REVIEWS, COMMENTS and other INFORMATION

We welcome your reviews, comments, inquiries, feedback or other submissions of information and content (collectively, 'information'), provided that the such information is not illegal, obscene, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or offensive. Any information you provide to us will be treated as non-confidential and non-proprietary. Subject to our Privacy Policy, by providing us with any such information you hereby grant Space NK an irrevocable non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, political campaigning, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead Space NK or other users of our Website as to the origin of the information submitted and you agree to indemnify, defend and hold harmless Space NK from and against any claims arising from or related to such information provided by you.

Copyright Complaints

Space NK respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Space NK's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Space NK that your copyrighted material has been infringed.

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claim has been infringed upon;

- A description of where the material that you claim is infringing is located on the site;

- Your mailing address, telephone number, and e-mail address;

- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Space NK's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
Space.NK
99 Greene Street
New York
New York
10012

ELIGIBILITY

When making a purchase through the Space NK Website or to use some of the services or features made available to you on our Website you may be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number, postal address and email address, which you represent is true, accurate, current and complete in all respects. Should any of your registration information change in the future, you are required to amend your personal online account immediately. We reserve the right to change registration requirements, refuse service, terminate accounts, and remove or edit information from time to time in our sole discretion. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

ACCURACY OF CONTENT and PRICES

We have taken care in the preparation of the content of this Website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we reserve the right to reject orders if there are errors in the description of the merchandise or its price as advertised on this Website. All prices are pretax and exclusive of delivery charges. The total cost of your order is the price of the merchandise ordered plus the appropriate sales tax plus the delivery charges as set out in the delivery options section of this Website.

The packaging may vary from that shown. The weights and dimensions are approximate only. We have taken care to display accurately the color of the products that appear on the Website. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the merchandise on delivery. To the extent permitted by applicable law, Space NK disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. If a product offered by Space NK is not as described, your sole remedy is to return it to us in accordance with our returns policy and procedure.

We are not responsible for the content of any third party websites linked to or from this Website. Links to third party websites appearing on this Website are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website or in any third party websites.

AVAILABILITY

All items are subject to availability. Validly stated prices on our Website remain in effect for so long as the merchandise is available or as otherwise stated on our Website. We will inform you as soon as possible if the goods you have ordered are not available.

ORDERING ERRORS

You are able to correct errors on your order up to the point at which you click on 'submit order' on the final page of our ordering process. Should you need to correct billing or other information after submission of your order, please contact our customer services team at (212) 941-4222. Please note, however, that we cannot guarantee that such corrections can be made.

DELIVERY

Deliveries can only be made within the continental United States. At this time we are unable to ship to P.O boxes, A.P.O or F.P.O. If you have a question about delivery outside of the [continental] United States, we will advise you if you call our customer services team at (212) 941-4222. We can also delivery to Canada - please contact our Customer Services team on 212 941 4222. Please note, shipping charges may vary and the customer is responsible for any import duties.

We will deliver the merchandise in accordance with the delivery option selected by you. Please view our delivery options for full details. Whenever referred to, working days exclude Saturday, Sunday and holidays. Orders to one address may be delivered in one or more deliveries, but you will only incur one delivery charge. If you have specified delivery to more than one address when placing your order, there is a separate charge for each destination address. Any delivery timescales are based on information provided by carriers and are indicative only.

Upon delivery of the merchandise to you, we will provide you with sufficient information to enable you to return or exchange your merchandise in accordance with our returns policy and procedures. For further information please see the returns section within these Terms.

ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER

We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfill your order following this acknowledgement, we will contact you by email or telephone advising you of this. Our acceptance of your order will take place upon shipment of the product(s) ordered. If you require any information concerning your order, please email us at customerservices@soacenk.com quoting your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a product or pricing error or if we are unable to obtain authorization for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time for any reason.

INSPECTION

You should inspect the merchandise upon receipt and check that everything specified on the packing slip is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem and/or you return the goods in accordance with our returns policy and procedure. Subject to applicable law, if you fail to take such action in accordance with our returns policy and procedure, we are not obligated to accept any rejection or return by you of the merchandise.

PAYMENT

Payment can be made by any of the following methods: Visa, Mastercard, American Express. Payment will be debited and cleared from your account at the point at which your order is shipped. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorize payment to Space NK, we will not be liable for any delay or non-delivery of merchandise. We retain the legal ownership of all merchandise until full payment has been made by you and received by us and legal ownership of the merchandise will immediately transfer back to us if we refund any payment for the merchandise to you. Risk of loss in the merchandise transfers to you upon our delivery to the carrier.

LEGALLY BINDING CONTRACT

Please remember that when we accept your submitted order for merchandise on this Website, there will be a legally binding contract.

RETURNS

Space NK hopes that you will be delighted with your order. However, if for any reason you are not completely satisfied we are happy to offer a refund, exchange or replacement on all goods returned to us within twenty-one days of your receipt of goods provided they are in their original, unopened and unused condition. Please view our returns policy and procedure for full details of how to return your goods.

returns

Space NK hopes that you will be delighted with your order. However, if for any reason you are not completely satisfied we are happy to offer a refund, exchange or replacement on all goods returned to us within twenty-one days of your receipt of goods provided they are in their original, unopened and unused condition. Please view our returns policy and procedure for full details of how to return your goods.

privacy policy

This Privacy Policy was last updated on 05, August 2010.

Space NK values its customers and respects their privacy. Any information we collect about you is held with care and security we reasonably can provide to protect your privacy. Your visit to our Website and your use of any of the services or features we provide is subject to these Terms of which this Privacy Policy is a part.

Types of Information We Collect and Use

We collect and use certain 'Personal Information' as well as 'Non-Personal Information' regarding users of the Site.

'Personal Information' is information about you that is personally identifiable to you, like your name, address, email address, or phone number, as well as other non-public information that is associated with the foregoing.

'Non-Personal Information' means information that is not directly associated with or linked to your Personal Information; Non-Personal Information does not permit the identification of individual persons.

You will be asked to register if you would like to use some of the services and features we offer on our Website. In order to register or place an order on our Website, you will have to provide certain Personal Information, including your name, mailing address, telephone number and email address. When you register with us your information is stored in 'my account'. You can access 'my account' directly to amend any personal details, for example if you change your address. If you wish to place an order on our Website, you will also be required to provide credit or debit card details, which are Personal Information to the extent they are identifiable to you.

Your Consent to Our Collection, Use and Disclosure of Information We Collect

By using this Website and submitting Personal Information through the Website, you agree to the terms of this Privacy Policy and expressly consent to the collection, use, and sharing of your Personal Information in accordance with this Privacy Policy.

Uses of Information We Collect

We use Personal Information you submit to us (or to any third party that may support us in collecting information) for very limited purposes. Specifically, we use Personal Information for purposes of:

i. administration of our site:

The information you give us is necessary to enable us to fulfil your order, make sure it is delivered correctly and to maintain your account.

ii. customer service:

We ask for your contact details, such as your email address and telephone number, to enable us to answer any questions you have about using our website and to notify you about the status of your order.

iii. direct marketing:

We want to keep you up to date on our latest products, promotional offers and events. If you have agreed to receive such communications when you registered or at a later time, we will inform you about these and other services and events we offer by email, mail or telephone. You can also choose to receive such information from other carefully selected companies. You can change your preferences at any time in 'my account'.

It is our policy not to send you any unsolicited material unless you have indicated that you want to receive details about products, offers and events, etc..

iv. cookies

The Space NK online ordering system uses cookies to record a unique reference on your computer. This means that we can recognise your computer when you access www.spacenk.com and log into your account with your user name and password. We will not use cookies without your prior consent so you have the option of choosing whether or not you would like our website to remember your details before you enter the delivery options section of our ordering process. The use of cookies allows us to remember the goods that you placed in your shopping bag and saves you having to enter the basic contact information that you provided us with on setting up your Space NK account. Our cookies do not remember your credit card details. You may experience technical difficulties in using our website if you have disabled cookies. If you have disabled JavaScript you will not be able to use this website. You can alter your cookie and JavaScript settings in your browser's preferences which is usually found in the Edit menu.

Sharing and Disclosure of Information We Collect

We may provide your Personal Information to third-party service providers in connection with providing you with this Website, our products, our services, and/or information regarding our Website, products and/or services.

We do not provide your personal details to other companies or individuals for their marketing purposes unless you have indicated that you wish to receive information about other companies products, offers and services.

From time to time we retain the services of other carefully selected and monitored companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this Website. Examples of these functions would include the processing of data to process your order and maintain your account, including the authorization and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc. These companies or individuals may be provided with access to your Personal Information in order to fulfill their function but may not use such information for any other purpose. We obligate these third-party service providers, by contract, to use Personal Information only in connection with providing you such products, services, and/or information.

We will disclose Personal Information in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We also may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, or as otherwise required by applicable law.

If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and the Personal Information will become subject to the acquiring company's Privacy Policy. We will provide notice on the Website before Personal Information is transferred as a result of such an acquisition and we will take all reasonable steps to assure that such company protects your Personal Information in a manner consistent with the terms of our Privacy Policy in effect when that Personal Information was collected.

We may disclose Non-Personal Information at our discretion.

Sharing and Disclosure of Information We Collect

We may provide your Personal Information to third-party service providers in connection with providing you with this Website, our products, our services, and/or information regarding our Website, products and/or services.

We do not provide your personal details to other companies or individuals for their marketing purposes unless you have indicated that you wish to receive information about other companies products, offers and services.

From time to time we retain the services of other carefully selected and monitored companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this Website. Examples of these functions would include the processing of data to process your order and maintain your account, including the authorization and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc. These companies or individuals may be provided with access to your Personal Information in order to fulfill their function but may not use such information for any other purpose. We obligate these third-party service providers, by contract, to use Personal Information only in connection with providing you such products, services, and/or information.

We will disclose Personal Information in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We also may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, or as otherwise required by applicable law.

If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and the Personal Information will become subject to the acquiring company's Privacy Policy. We will provide notice on the Website before Personal Information is transferred as a result of such an acquisition and we will take all reasonable steps to assure that such company protects your Personal Information in a manner consistent with the terms of our Privacy Policy in effect when that Personal Information was collected.

We may disclose Non-Personal Information at our discretion.

Privacy of Minors

The Site is not directed at minors and we do not knowingly collect from or maintain any Personal Information regarding persons under the age of 13.

Other Sites

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to any websites other than this Website.

Contacting Us

Should you have any questions or concerns regarding this Privacy Policy, please contact us by e-mail at: customerservices@spacenk.com or write to us at:

Space.NK
99 Greene Street
New York
New York
10012

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you about significant changes in the way we treat Personal Information by (a) sending a notice to your email address (if you have provided us your email address) or (b) by placing a notice on our Site. Any material changes to this Privacy Policy will be effective thirty (30) calendar days following such notice to prior users of the Website, and will be effective immediately for new users of the Website. Continued use of the Website following notice of any such changes shall indicate your acknowledgement of such changes. Whenever we materially amend the Privacy Policy, we will revise the 'last updated' date at the top of this statement.

Space NK is committed to protecting the information we collect from you, which we use to enhance your experience of using our Website and to provide you with the merchandise and services you request from us. The above section of our Terms comprises our Privacy Policy and is designed to enable you to understand how we retain and use your personal information. You can at any time change and update the information you have provided through the Website by logging into 'my account.'

damage to your computer

Space NK makes every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. Subject to applicable law, Space NK will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.

limitation of liability

This website and all information, content, materials, products and services included on or otherwise made available to you through this website are provided by Space NK on an 'as is' and 'as available' basis, unless otherwise specified in writing. Space NK makes no representations or warranties in connection with this website or the information, content, materials, products and services included on or otherwise made available to you through this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable. To the fullest extent permissible, Space NK will not be liable for interruption of business; loss or damages of any kind incurred as a result of dealings with or the presence of the website or off-website links; access delays or access interruptions to the website; computer viruses, system failure or any malfunction which may occur in connection with your use of our website; any inaccuracies or omissions or misleading, false or deceptive statements in the content; or, any events beyond Space NK's reasonable control. Furthermore, to the fullest extent permitted by law, we will not be liable for any direct, indirect, special, incidental, consequential or other damages of any kind related to your use of the website and in no event shall our maximum aggregate liability exceed ONE THOUSAND DOLLARS ($1000.00).

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

exclusions of liability

Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Space NK or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by English law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

complaints & submission of information

If you wish to contact us to complain about any matter in regard to the merchandise, please email us at customerservices@spacenk.com or write to us at:

Customer Services
Space NK
99 Green Street
New York,NY
10012

memberships

Space NK is a member of the Direct Marketing Association and complies with its rules and guidelines.

non-waiver

No failure to exercise and no delay on the part of Space NK in exercising any right, remedy, power or privilege of Space NK under these Terms and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Space NK.

other legal notices

There may be legal notices on other areas of this Website which relate to your use of this Website or to products, services or promotions offered by us, all of which will, together with these Terms govern your use of this Website and such products, services or promotions.

changes to legal notices

We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.

law, jurisdiction and language

This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

These Terms do not affect other legal rights you may have.

These Terms shall be governed by the laws of the State of New York, without giving effect to its principles of conflict of laws.

N.DULGE LOYALTY PROGRAM TERMS AND CONDITIONS

The following Terms and Conditions (the 'Terms') apply to and govern the Space NK Loyalty program promoted and operated by Space NK apothecary ("Space NK", "we", "us", 'our').

1. These Terms together with our website Terms and Conditions (www.spacenk.com) and the privacy policy therein (www.spacenk.com) apply to the Space NK Loyalty program (the 'program'), and your use of the Space NK program card (the 'N.dulge Card') and govern the relationship between Space NK and you. Your membership of the program entitles you to use your N.dulge Card at any U.S. Space NK retail store and at www.spacenk.com. Applying for, or using, a Space NK N.dulge Card will constitute acceptance of these Terms. You must therefore read them carefully. Please print a copy of these Terms for your records.

2. All program applicants must be aged 18 years or older. Once approved we will activate your N.dulge Card and you will become a member ('Member'). All Members must register their card with a valid mailing address and email address online at www.spacenk.com/ndulge, when we will consider and may approve your application. Change of either postal address or email address must be notified to us. We may refuse an application for any good reason. Members will be able to update their personal details online at www.spacenk.com/ndulge.

3. You can apply for an N.dulge Card free of charge at any U.S. Space NK store and online at www.spacenk.co.uk/ndulge. Your Space NK N.dulge Card is issued by, and remains the property of, Space NK apothecary, 99 Greene Street, New York, NY 10012, N.dulge Cards must be destroyed or returned to us on request when no longer valid for use.

4. Members cannot add money to their card; it is a promotional loyalty card and not a check card, debit card or credit card. You cannot transfer your N.dulge Card or any of the stored points on it to any other person. The Program is only for personal, household and consumer use. Points can only be earned, held, transferred or redeemed as set out in these Terms, and in the terms relating to any promotions and point offers related to the Program, and may not be earned, held, transferred, redeemed or otherwise traded in any other way.

5. We reserve the right to suspend or to terminate any Member's Program account, if, in our sole discretion, we determine that the Member has breached the Terms, or if the Member has supplied false or misleading information, or if we consider that the Member has acted improperly or in an abusive, defamatory, criminal, or offensive way to any other Member or to our staff.

6. Members will accumulate points on their N.dulge Card when they make qualifying Space NK purchases. Each time that 100 points is earned a reward (an 'N.centive') is granted, and the relevant 100 points will then be considered to have been used up and will be deducted from a Member's program account. The N.centive will then only remain valid for 3 months from the date at which they were granted, after which time they will also expire. Once N.centives have expired they may not be used to make program purchases.

The value of the N.centive that is awarded for each 100 points will depend upon the Tier that the Member falls within:

Tier 1 / N.dulge: