Terms & Conditions | Terms & Conditions of Sale

Welcome to the 'us.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 usa.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

  1. The Promotion is open to all US residents aged 16 and over, excluding employees of Space NK, or any of its subsidiary companies, their families, agents or anyone else connected with the Promotion. No third party entries, bulk entries or entries submitted by agents will be accepted. Space NK reserves the right to verify the eligibility of users. Space NK may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entry and prizes may be withheld until and unless Space NK is satisfied with the verification.
  2. Each time you successfully introduce a friend and they make a purchase on spacenk.com/us using your code, you will receive $20 off when you spend $100 or more online plus free delivery. $20 off $100 voucher code valid until September 20th, 2017. This offer is not valid in conjunction with any other offer.
  3. Every friend that you introduce will also receive $20 off when they spend $100 or more with their first online purchase plus free delivery. Delivery applies to UPS Ground Delivery only, Shoprunner 2-day shopping, UPS Next Day Deliver and UPS 2nd Day Delivery are excluded from this offer. $20 off $100 or more spend is not valid on sale items or gift cards.
  4. The leaderboard promotion runs until 09/15/17 (the “Promotion Period”).
  5. The top user who has introduced the most new customers at the end of the promotion period will receive a Space NK gift worth over $300 (the "Prize"). If more than one user has the highest number of introductions then the user to first reach that number will be awarded the prize.
  6. The top user will be notified within a reasonable time after the end of the promotion period by email. The prizes are awarded conditionally upon acceptance and if a user is unable to be contacted after a reasonable period or if any prize is unclaimed or declined within a reasonable period, this prize shall be deemed as unclaimed or unaccepted and the next best entry may be awarded the prize at Space NK's discretion.
  7. Space NK will not be responsible for any inability of a prize winner to take up the specified prize.
  8. Space NK reserves the right to substitute any prize for an alternative of similar value, particularly in the case of multiple referrals. None of the prizes are transferable.
  9. In the event of fraud, abuse, and/or an error affecting the proper operation of the promotion, including the allocation of more Prizes than are available, Space NK reserves the right to end or suspend the promotion; amend these terms and conditions; declare void the notification of any winner; and/or to allocate the available prizes by conducting a simple draw from all wrongly allocated winners.
  10. The winners may be required to participate in publicity connected with the promotion and it is a condition of entry that the winners agree to their name and country of residence being made publicly available if they win.
  11. Users’ personal data will be collected, stored and processed for the purposes of administering and assessing the Promotion. Space NK will comply with all requirements of the Data Protection Act 1998.
  12. Space NK reserves the right to suspend, cancel or amend the promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, Users shall be deemed to have agreed to any such new or amended terms.
  13. The promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter or Facebook or any other form of social media. By entering this Promotion, Users are providing information to Space NK and not to Twitter or Facebook and agree to release Twitter and Facebook from any liability associated with the Promotion.
  • COMPLIMENTARY SAMPLES WITH EVERY ORDER
    You may choose complimentary samples with every order placed, whilst stocks last. If there is a particular product you’d like to try, call our Customer Services team and we will do our best to help. Offer available while stocks last. Space NK reserves the right to substitute samples or withdraw this offer at any time.
  • NDULGE BIRTHDAY GIFT
    N.dulge customers receive a complimentary gift within their birthday month. To redeem in-store simply print out the email and take it to any Space NK store, along with your N.dulge membership card. Alternatively, when making a purchase online, customers must enter their unique birthday code, included within the email, on the Shopping Bag page to receive the complimentary gift. Male N.dulge members pick up in store only. N.dulge de luxe members can call our N.dulge Customer Services team on 877-714-7248 to arrange delivery of the gift. Gifts must be ordered or collected within 28 days of the email send date. One redemption per customer. Purchase is only necessary in store if outlined in the email communication. Online redemption code can only be used once. Gift available while supplies last. Gift Card & Sale Purchases included. No cash alternative.
  • N.dulge customers receive a complimentary gift within their birthday month. To redeem in-store simply print out the email and take it to any Space NK store, along with your N.dulge membership card. Alternatively, when making a purchase online, customers must enter their unique birthday code, included within the email, on the Shopping Bag page to receive the complimentary gift. Male N.dulge members pick up in store only. N.dulge de luxe members can call our N.dulge Customer Services team on 877-714-7248 to arrange delivery of the gift. Gifts must be ordered or collected within 28 days of the email send date. One redemption per customer. Purchase is only necessary in store if outlined in the email communication. Online redemption code can only be used once. Gift available while supplies last. Gift Card & Sale Purchases included. No cash alternative.
  • REPLENISH PRODUCT FREE DELIVERY
    Receive free ground shipping on selected products. The promotional code must be entered into the promo code box at checkout for the promotion to apply. Free delivery applies to ground shipping only; 2-day shipping option is excluded from this offer. One use per customer. Code valid for 28 days from email delivery date. Space NK reserve the right to withdraw this offer at any time.
  • SPACE NK ‘’WE MISS YOU’’ OFFER
    The ‘’We miss you’’ Offer is $10 or $15 off any online or in-store order to welcome you back to Space NK. There is no minimum spend required. Code can only be redeemed once. This offer applies to the purchase of full price/non-sale products only. To redeem in-store, take a copy of your email into any Space NK branch. For online purchases, the code on the email must be quoted in the shopping bag, and express delivery selected before checkout. Delivery is free for all online orders using the email code excluding international orders. Please note that all items from the sale, and all gift card purchases are excluded from this promotion. Offer valid for 3 months from the date the email was sent. The offer is not refundable and there is no cash value/alternative. No change will be given for any purchase under $10 or $15 (depending of the value featured within the email). The offer is restricted to one per customer.
  • FREE GROUND SHIPPING ON ALL ORDERS OVER $50
    This offer applies to ground shipping within the US only. All orders over $50 are offered with free UPS Ground Shipping or $10 off any other shipping method. This offer is only available online in the US at us.spacenk.com, and is not available on the UK Space NK site, or in store. This offer is valid for a limited time only and Space NK reserve the right to withdraw this offer at any time.
  • This offer is valid for a limited time only and Space NK reserve the right to withdraw this offer at any time.-->

     

    SALE

    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.

    COMPETITIONS AND PRIZES

    These rules apply to all prize promotions including free draws, prize competitions and instant win offers.

    1. From time to time Space NK Apothecary will run competitions, free prize draws and promotions on this website. These may be subject to additional terms that will be made available at the time.
    2. Prize draws are open to all residents of the US, except employees of Space NK Apothecary, the promoter and their immediate families and anyone else connected with the creation and administration of the promotion.
    3. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
    4. Space NK Apothecary reserve the right to substitute the prize for another prize of equal value.
    5. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
    6. By entering the prize draw, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.
    7. By entering the promotion, the entrant agrees to the terms of the privacy policy.
    8. Winners will be notified by email within a month of the end of the promotion. Winners have five (5) business working days to respond in full to the email or another winner will be drawn.
    9. By entering the promotion, the winner(s) consent to any publicity generated as a result of the promotion, and use on websites, magazines or mobile services at any time.
    10. The Sites' Editors' decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
    11. Only one entry per person. Spammers will be disqualified.
    12. Space NK Apothecary will not accept responsibility for lost through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
    13. The promotional draws are held by Space NK Apothecary, Shropshire House, 11-20 Capper Street, London, W1E 6JA
    14. Details of the winner(s) can be obtained by sending a SAE marked Space NK Apothecary, Shropshire House, 11-20 Capper Street, London, W1E 6JA UK within 21 days of the closing date of the promotion.

    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.

    LEAVING A REVIEW

    These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Space NK (the "CRR Service"). To the extent of any conflict between Space NK's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

    By submitting any content to Space NK, you represent and warrant that:

    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.

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

    Copyright Agent
    Space NK
    12 W 27th Street
    5th Floor
    New York
    NY 10001

     

    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 877-714-7248. Please note, however, that we cannot guarantee that such corrections can be made.

    PRE-ORDERING
    No payment is taken for pre-ordered items until they have been dispatched from our warehouse. We aim to dispatch all pre-ordered items as soon as they become available for shipping. Dispatch dates can be subject to change. Delivery dates will depend on the shipping method chosen at the time of purchase.

    BACK ORDERS
    Some items will be available for back order when they are out of stock and we are expecting new stock to arrive very soon to our warehouse. No payment is taken for back-ordered items until they have been dispatched from our warehouse. We aim to dispatch all back-ordered items as soon as they become available for shipping. Dispatch dates can be subject to change. Delivery dates will depend on the shipping method chosen at the time of purchase.

    HAZARDOUS MATERIALS

    Certain items considered Hazardous Materials (HAZMAT) including aerosols and alcohol-based products (e.g., pressurized spray cans, hairspray, nail polish remover, nail polish etc.) are required by the U.S. Department of Transportation to be shipped by Ground-only transport, due to air transport restrictions and regulations. For these shipments, we recommend UPS Ground. Regrettably, these items cannot be shipped to Alaska, Hawaii, or Puerto Rico.

    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 usa.customerservices@spacenk.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.

    COMPLAINTS

    Space NK is committed to providing quality service to our customers and we hope that you're pleased with any purchase you've made or service you've received from us, and that you'll never have reason to complain, but if there is something you're unsatisfied with, we'd like you to tell the relevant Space NK team about it. All feedback is taken seriously, as it presents us with an opportunity to put things right and improve our standards.

    If you're in one of our stores, please speak to the store manager about your complaint. Alternatively, if your complaint relates to an online order or website experience, please call us on the Customer Services number 877-714-7248 or email usa.customerservices@spacenk.com.

    If your complaint relates to an item purchased in one of our stores or an experience there, please call the store directly and ask to speak to the manager who will happily assist you and attempt to resolve the issue. Contact details for our shops can be found here. If you call us, we'll attempt to resolve your complaint while you're on the phone. If this isn't possible, the adviser will agree a course of action with you and a timeline. If you email us, we aim to acknowledge, investigate and resolve all complaints within two working days of receipt. If you write to us at the address below we will endeavour to respond to all letters within 14 working days of receipt.

    For all purchase related complaints please be sure to provide full details including receipt information or order reference number, your full name and address, contact details and N.dulge membership number, in order for us to assist you as quickly as possible.

    Space.NK
    12 W 27th Street
    5 FL
    New York
    10001

     

    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.

    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:

    1. ADMINISTRATION OF OUR SITE:
      The information you give us is necessary to enable us to fulfill your order, make sure it is delivered correctly and to maintain your account.
    2. 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.
    3. 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.
    4. COOKIES:
      The Space NK online ordering system uses cookies to record a unique reference on your computer. This means that we can recognize your computer when you access us.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.

    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.

    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.

    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 & 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.

    CONTACTING US

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

    Space.NK
    12 W 27th Street
    5 FL
    New York
    10001

     

    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 and the privacy policy therein 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 us.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 us.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 us.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 us.spacenk.com/ndulge. Your Space NK N.dulge Card is issued by, and remains the property of, Space NK apothecary, 12 W 27th Street, 5 FL, New York, NY 10001, 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.
    7. The value of the N.centive that is awarded for each 100 points will depend upon the Tier that the Member falls within:
      1. Tier 1 / N.dulge:
        Where Members have not been upgraded to Tier 2 they will be considered to be within Tier 1 and will be entitled to make program purchases with their points worth an equivalent of $5.00 for every 100 points earned.
      2. Tier 2 / N.dulge de luxe:
        Where Members N.dulge Cards first record that they have spent $1000.00 or more within a 12 month period, or less, they will be upgraded to Tier 2 for a year from that date.

      Whilst they are in Tier 2, Members will be entitled to make program purchases with their points worth an equivalent of $10.00 for every 100 points earned, for the duration of that year.

      If within that year the Member spends a further $1000.00, then they will remain within Tier 2 for the duration of the next year.

      If the Member does not spend a further $1000.00 within that year, then they will automatically revert back to being within Tier 1 at the end of that year and their spending history up until that date will no longer count towards a Tier upgrade.

    8. The following terms shall apply to every Member's accumulation and use of N.dulge points:
      1. only one N.dulge Card may be used per transaction;
      2. points expire after 12 months;
      3. if a Member is given a refund or other financial adjustment on any transaction, the points awarded on the transaction will be adjusted accordingly;
      4. points can only be applied retrospectively where sufficient evidence of a purchase is provided and at Space NK's sole discretion, where points are awarded retrospectively they will be considered to be valid from the point at which they are applied (rather than the date of purchase);
      5. you can check the points balance on your N.dulge Card at any time online;
      6. the N.dulge Card cannot be used in conjunction with any other discount or privilege card whether issued by us or by any third party;
      7. we may not credit your card with the points from any given transaction until up to 5 working days after the transaction; and,
      8. points have no cash value;
      9. when purchasing online, points will be issued to the specified N.dulge account on order dispatch and not on order confirmation;
      10. the maximum points issuance per transaction cannot exceed 5000.
    9. The following terms shall apply to the redemption of any N.centives:
      1. Members can redeem N.centives in store and online upon reaching the qualifying level;
      2. N.centives may be used as part or full payment both in Space NK stores and online. If the product purchased is valued less than the equivalent amount of N.centives, then the remaining N.centives and point balance will be left on the card;
      3. only one N.dulge Card can be used per transaction when redeeming rewards;
      4. purchases made with points may not be re-converted back into points;
      5. any refund of items purchased using points will be made by crediting the applicable amount of points back onto the N.dulge Card; and,
      6. points may not be redeemed for cash under any circumstances;
      7. when purchasing online, N.centives will be redeemed from the specified N.dulge account immediately at point of order confirmation;
      8. N.dulge membership accounts cannot exceed a total N.centive balance of £1002 at any one time.
    10. The number of points earned from a purchase or required to qualify for a particular purchase may vary from time to time at our sole discretion.
    11. Points will be awarded when purchasing Gift Cards/Gift Vouchers. Points will not be awarded on Gift Card / Gift Voucher redemptions. N.centives (rewards) cannot be used to purchase Gift Cards / Gift Vouchers.
    12. Space NK employees, sub-contractors and /or their agents, may not participate in the Program.
    13. Members may only use their N.dulge Card in the U.S; in-store at Space NK or Bloomingdales concessions or at us.spacenk.com.
    14. We may terminate any Member's Program account should the account be inactive for a period of sixteen months or more. Any points that were accredited to a Member's Program account will be lost if the Member's Program account is terminated or the Program is closed. A Member can terminate his or her Program account at any time online at us.spacenk.com/ndulge or by notifying us by email.
    15. Members will receive regular email updates of their points and rewards balance. Account information will also only be available to Members online at us.spacenk.com/ndulge. We will correct an account if it is shown to our reasonable satisfaction to be wrong but, unless there are clear records showing this, our decision is final.
    16. Benefits will be provided subject to availability. Benefits may be subject to additional terms and conditions, and, when applicable such terms and conditions will be made available to Members from time to time in correspondence, and/or in store. Space NK may amend the additional Benefits it offers Members at any time. The prevailing Benefits offered at any given date will be those which are stated on the 'N.dulge benefits' section of the website.
    17. Points are personal to an account and cannot be transferred or combined with another account to redeem a reward.
    18. Members will also receive additional rewards ("Benefits") which will depend upon whether they are deemed to be in Tier 1 or Tier 2 (above).
    19. Space NK is not responsible for the loss of a Member's N.dulge Card, which must be kept securely by the Member. Members that lose their card will lose all of the points that had accumulated on their card unless they contact Space NK promptly to notify them of their loss. Points may be transferred to a new card at Space NK's sole discretion.
    20. By registering for the Space NK N.dulge Card you are agreeing that we may update you by email with your card balance statements and promotional offers, competitions, news and updates. We process your data in accordance with applicable law and in accordance with our website Terms and Conditions which are available at us.spacenk.com and which sets out our privacy policy and the information that we will gather on Space NK customers, how this information will be used and who it may be shared with. In addition to those terms and conditions your enrollment in the Program constitutes your consent to our reviewing your purchase history to provide relevant offers and information based on your preferred brands and products.
    21. We cannot be responsible for any unauthorized use of points. Any points not earned, held, used or redeemed in accordance with these Terms will be invalid. Any such points will be deducted and other appropriate action may be taken by us. If Members lose their N.dulge Card or think that an unauthorized person has discovered their security code, password or account number, they should refer to the information on lost and stolen cards online at us.spacenk.com/ndulge and for advice on obtaining and registering a new card.
    22. These Terms may change and Members will be deemed to have accepted the updated Terms when they go online at us.spacenk.com/ndulge, or when they use their N.dulge Card. As such we strongly encourage you to review these Terms from time to time.
    23. We may suspend or terminate the Program at any time at our sole discretion and for any reason. In such event Members will be notified and all accounts will be suspended or terminated. If Space NK has a change of control or is sold or if we decide to sell or transfer the Program to another company, we may transfer all of our rights and obligations under these Terms to such other company or acquiror without any further consent and you now consent that we may disclose or transfer all information we hold about all Members, including you, to any prospective or actual new owner. Such a disclosure or transfer will not alter the rights of Members in respect of the use that can be made of such information by such other company or acquiror until the Terms are changed by such company or acquiror in accordance with Section 20 above.
    24. The limit of our liability under these Terms will be exclusively to a Member who suffers a direct loss as a result of our breach of these Terms and in those circumstances our sole and exclusive liability will be to credit to the relevant Member's Program account such points as may have been wrongly deducted or should have been credited but were not. Nothing in these Terms shall operate to limit any liability we may have for death, personal injury or fraud where such limitation is not permitted under applicable law, and these Terms shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
    25. These Terms shall be governed by the laws of the State of New York, without giving effect to its principles of conflict of laws.

    SPACE NK GIFT CARD TERMS AND CONDITIONS

    These terms & conditions do not affect your statutory legal rights.

    For security purposes we strongly recommend that you register your Space NK Gift Card online. This will provide protection should your card become lost, stolen or damaged – click here to register your card.

    1. The Gift Card is not a cheque guarantee, credit or charge card.
    2. Gift Cards can be activated with a minimum value of $10 and have a maximum value limit of $1000.
    3. Gift Cards are only issued and redeemable in Space NK stores (excluding Space NK Bloomingdale’s counters) in the United States and online at www.spacenk.com. Please note, Gift Cards cannot be purchased at Space NK counters in Bloomingdale’s stores.
    4. A maximum of 1 gift cards can be used per transaction.
    5. Gift Cards cannot be used to purchase Gift Cards or Vouchers.
    6. Gift Cards cannot be exchanged for cash.
    7. Gift Cards can be used for most purchases, although at certain times exclusions may apply and Space NK reserve the right to amend these at any time.
    8. Gift Cards cannot be “topped-up” (this means you cannot add more money to an existing Gift Card balance) however balances can be transferred between cards (you can move the balances from several cards onto one card for your convenience).
    9. N.dulge members will earn points on their N.dulge card when they purchase a Gift Card. N.dulge members will not earn points on their N.dulge card when they redeem a Gift Card.
    10. N.dulge N.centives (rewards) cannot be used to purchase a Gift Card.
    11. Gift Cards do not have an expiry date.
    12. Online orders for Gift Cards will be shipped separately to any product orders made in the same transaction.
    13. In cases where your Gift Card is lost or stolen, Space NK is unable to replace or reimburse the remaining balance on a card, unless it has been registered with us online. Space NK will only replace the balance remaining on the card account at the time of reporting the card as lost. Space NK cannot be held responsible for any balance lost on a Gift Card as a result of theft or fraud. Space NK cannot be held responsible for the unauthorised use of your card where the card number and/or PIN have become known to another party. Replacement cards will be posted to your registered home address only.
    14. Where a product purchased with a Gift Card is subsequently returned, supported with the transaction receipt, the full price shown will be refunded onto a new Gift Card, however, if a receipt isn’t presented, the amount refunded onto the Gift Card will be at the current value of the product at the time of the return. If a refund is made for any purchase using a Gift Card combined with another method of payment, any refund amount owing will be credited to a new Gift Card in the first instance, and if the total to be refunded is more than originally paid using the Gift Card, any outstanding balance will be refunded by the original payment method (debit/credit card or cash).
    15. Customers must be present when they present their Gift Card in order to make purchases in-store.
    16. Space NK reserves the right to refuse to accept a Gift Card which it deems to have been tampered with, duplicated, damaged or which is otherwise suspected of being potentially fraudulent.
    17. Space NK reserves the right to update and change the terms and conditions of our Space NK Gift Cards at any time. This does not affect your legal rights. Use of your Space NK Gift Card constitutes acceptance of our Terms and Conditions. Your Space NK Gift Card is the property of Space NK who maintains the right to cancel the card in situations where it is deemed necessary.
    18. Registering your Space NK Gift Card involves you disclosing personal information which includes your name, address, email address and phone number. The Space NK Privacy Policy applies wherever you are required to provide personal information.
    19. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
    20. Gift Cards are issued by Space NK Limited. Registered office: 5th Floor, Shropshire House, 11 - 20 Capper Street, London, WC1E 6JA, Registered number: 2773985 (England and Wales).

    SPACE NK E-GIFTCARDS TERMS AND CONDITIONS

    1. The E-Gift Card is not a cheque guarantee, credit or charge card.
    2. E-Gift Cards cannot currently be purchased in any US Space NK stores, or online, they are issued over email at Space NK’s discretion via the Customer Services Team.
    3. E-Gift Cards are redeemable in Space NK US stores and online at us.spacenk.com.
    4. A maximum of 1 e-Gift Card can be used per transaction.
    5. E-Gift Cards cannot be used to purchase Gift Cards or Vouchers.
    6. E-Gift Cards cannot be refunded.
    7. E-Gift Cards cannot be exchanged for cash.
    8. E-Gift Cards can be used for most purchases, although at certain times exclusions may apply and Space NK reserve the right to amend these at any time.
    9. E-Gift Cards cannot be “topped-up” (this means you cannot add more money to an existing e-Gift Card balance).
    10. N.dulge members will not currently earn points on their N.dulge card when they are issued with an e-Gift Card. N.dulge members will not earn points on their N.dulge card when they redeem an e-Gift Card.
    11. E-Gift Cards expiry may vary; any e-Gift Card expiry will be detailed in the E-Gift Card email the customer receives. Any remaining balance left on the card after the stated expiry date will be removed and the e-card will become invalid and no longer available for use. They cannot be reissued after expiry, nor can the expiry be extended. Please treat your e-Gift Card like cash while it has an outstanding/existing balance.
    12. In cases where your e-Gift Card is misplaced/deleted, Space NK is unable to replace or reimburse the remaining balance on a card, unless it has been registered with us online. Space NK will only replace the balance remaining on the e-card account at the time of reporting the card as inaccessible. Space NK cannot be held responsible for any balance lost on a e-Gift Card as a result of theft or fraud. Space NK cannot be held responsible for the unauthorised use of your card where the e-card number and/or PIN have become known to another party. Replacement e- gift cards will be emailed to your registered email address only.
    13. Where a product purchased with a e-Gift Card is subsequently returned, supported with the transaction receipt, the full price shown will be refunded onto a new e-Gift Card, however, if a receipt isn’t presented, the amount refunded onto the e-Gift Card will be at the current value of the product at the time of the return. If a refund is made for any purchase using a e-Gift Card combined with another method of payment, any refund amount owing will be credited to a new e-Gift Card in the first instance, and if the total to be refunded is more than originally paid using the e-Gift Card, any outstanding balance will be refunded by the original payment method (debit/credit card or cash).
    14. Customers must be present when they present their e-Gift Card in order to make purchases in-store.
    15. Space NK reserves the right to refuse to accept an e-Gift Card which it deems to have been tampered with, duplicated, damaged or which is otherwise suspected of being potentially fraudulent.
    16. Space NK reserves the right to update and change the terms and conditions of our Space NK e-Gift Cards at any time. This does not affect your legal rights. Use of your Space NK e-Gift Card constitutes acceptance of our Terms and Conditions. Your Space NK e-Gift Card is the property of Space NK who maintains the right to cancel the card in situations where it is deemed necessary.
    17. Registering your Space NK e-Gift Card involves you disclosing personal information which includes your name, address, email address and phone number. The Space NK Privacy Policy applies wherever you are required to provide personal information.
    18. These Terms shall be governed by the laws of the State of New York, without giving effect to its principles of conflict of laws.
    19. E-Gift Cards are issued by Space NK Limited. Registered office: 12 W. 27th Street, 5th Floor| New York, NY 10001.

    DELIVERY

    1. UPS GROUND SHIPPING
      Delivery within 3-5 working days.
      $10
    2. FREE GROUND SHIPPING ON ALL ORDERS OVER $50
      Delivery within 3-5 working days.
    3. 2ND DAY AIR
      Order before 2pm EST, and receive your order in 1-2 working days.
      $18
    4. $10 OFF 2ND DAY AIR SHIPPING ON ALL ORDERS OVER $50
      Order before 2pm EST, and receive your order in 1-2 working days.
    5.  

      Deliveries can only be made within the continental United States. Orders delivered to Alaska, Hawaii and United States Territories have different requirements. At this time we are unable to ship to P.O Boxes, A.P.O or F.P.O. Whenever referred to, working days exclude Saturday, Sunday and holidays. Any delivery timescales are based on information provided by carriers and are indicative only.

      In the event of adverse weather conditions there may be some delays to the delivery of your order.

      If you have specified delivery to more than one address when placing your order, please note that there is a separate shipping charge for each destination address.

      INTERNATIONAL ORDERS

      For further information about shipping orders outside the United States, including Canada, and its territories please call Customer Services on 877-714-7248.

      Please note local shipping charges may vary and import duties may be payable on receipt of goods by the customer. We are unable to offer any assistance or advice if either issue arises.

       

      SB 657 - The California Transparency in Supply Chains Act

       

      WEBSITE DISCLOSURE FOR SPACE NK

       

      Consistent with our commitment to excellence and corporate responsibility, Space NK supports the eradication of human trafficking and slavery in supply chains around the world. We have therefore taken the following actions to identify and eliminate human trafficking and slavery from our supply chains:

      1. Space NK is in the process of conducting a verification of our supply chains to evaluate and address risks of human trafficking and slavery. Space NK has a discrete number of direct suppliers and is conducting this assessment internally.

         

      2. Space NK is in the process of conducting an audit of our suppliers to evaluate supplier compliance with company standards for human trafficking and slavery. Our audit visits are unannounced and conducted by internal staff at Space NK trained to identify human trafficking and slavery.

         

      3. Space NK requires all of its direct suppliers to certify that materials incorporated into their products comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business. Further, this certification will be incorporated into our standard terms and conditions and will govern all future product purchases.

         

      4. Space NK has developed company standards with regard to human trafficking and slavery in our supply chains, including internal accountability standards and procedures for employees, contractors and suppliers who fail to meet our company standards. The company standards have been distributed to appropriate personnel and all of our suppliers.

         

      5. Space NK has conducted training of all company management and employees with supply chain responsibilities on human trafficking and slavery and how to identify and mitigate risks within our company supply chain.



       

      Please contact Customer Services at USA.CustomerServices@spacenk.com for further information about our efforts to eradicate human trafficking and slavery from supply chains.

      ©2014 Space NK