Terms and Conditions

THESE DARMA TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. CERTAIN TERMS WILL APPLY TO YOU DEPENDING UPON WHERE YOU USE THE WEBSITE AND OUR SERVICES.

FOR USERS LOCATED IN THE UNITED STATES: THE ARBITRATION AGREEMENT IN SECTION 4 OF THESE TERMS AND CONDITIONS CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND DARMA HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF OUR WEBSITE AND PRODUCTS WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF SOUTH CAROLINA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

WHAT’S IN THESE TERMS

Click on the links below to go straight to more information on each area:

1. INTRODUCTION

Welcome to DARMA.com (the "Website"). The Website is operated by Mogl Enterprises, LLC, a limited company registered in South Carolina. (“Darma”, “our”, “we”, or “us”).

Listed on this page are the terms and conditions which apply to your interactions with us, as well as certain terms applicable to your subscription to our membership services (each a “Membership” and collectively, the “Memberships”) and purchase of the products listed on the Website (“Products”). These Terms and Conditions tell you how you can subscribe and/or unsubscribe to a Membership, how we will supply Products to you, how you and we may change or end any Contract (as defined in “Our Contract” listed in Section 7 below) between us, what to do if there is a problem and other important information, so please read them carefully before proceeding (and print if necessary).

By using the Website, using the materials contained within the Website or otherwise made available in connection with the Website, subscribing to a Membership or placing an order for Products on the Website you are agreeing to be bound by these Terms and Conditions. When we say 'Terms and Conditions' that includes all documents referred to on this page (such as our Website Terms, Membership Terms, Terms of Sale, Privacy Policy, Acceptable Use Policy and Cookies Policy) and any other policies or terms referred herein or therein and any updates, amendments or revisions thereto. Where these Terms and Conditions (or any part of them) have been translated into languages other than English, the English language version takes priority.

Last updated: 08th October 2021. These Terms and Conditions may be modified from time to time to reflect changes to our Memberships, our Products or changes in the law but, should this happen, they will be posted on the Website or, if the changes are material, we will provide you with reasonable notice you of such changes by email. Your continued use of the Website following the posting of the revised terms and conditions means that you accept and agree to the changes. Changes to terms and conditions won't apply retrospectively unless you agree to it.

If you don't wish to be bound by these Terms and Conditions then you are not authorised to use the Website, subscribe to any Membership or buy any Products from it and must promptly cease using the Website.

Please click on one of the links below which will take you to the sections containing certain relevant terms and conditions.

Website Terms – These terms tell you the rules for using our Website.
Acceptable Use Policy – These terms set out the permitted uses and prohibited uses of our Website.
Membership Terms – These terms tell you about our different Memberships and how to subscribe and unsubscribe to our Memberships.
Terms of Sale – These terms tell you how we will supply Products you, how to make payment for Products and Memberships and what to do if you change your mind.

2. HOW WE WILL COMMUNICATE WITH YOU

Unless we inform you otherwise, all communication and notices you give to us must be sent to our Member Happiness Team using the following email address: info@clubdarma.com.

We may give notice to you by posting it on the Website or at any address (email or postal) you provide to us. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent to your email address, or three days after the date of posting of any letter.

When using the Website, you accept that communication with us will be mainly electronic. We will generally contact you by e-mail or provide you with information by posting notices on the Website. By using the Website, you agree to this means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory legal rights.

3. OUR LIABILITY TO YOU AND YOUR LIABILITY TO DARMA

This Section 3 explicitly sets forth your liability to us and DARMA’s liability to you under these Terms and Conditions (including what you cannot hold Darma liable for under these Terms and Conditions) with respect to the use of the Website, services provided via the Website or made available to you in connection with the Website ("Associated Services”), our Membership services and our Products.

You expressly understand and agree that to the extent permitted by applicable law, your use of our Website; Associated Services; Membership services and Products is at your sole risk, and our Products are provided on an “as is” and “as available” basis, with all its faults. Any content accessed through our website or made available to you in connection with the Website is accessed at your own risk, and you shall be solely responsible for any damage to your device, or any device you use to access our website, or any other loss that results from accessing such content. Darma and its licensors expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from use of the website. You acknowledge and agree that neither Darma’s nor its licensors are liable, and you agree not to seek to hold us liable, for the conduct of third parties on the website, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. For clarity, this Section 3 does not affect our Return Policy or our limited warranty for Products. The terms in this Section 3 do not affect your statutory rights as a consumer and nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.

You agree to defend, indemnify and hold Darma and its group companies, affiliates, licensors and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Website, use of Associated Services or purchase of Products; or (b) your breach of these Terms and Conditions or any other policies that Darma may issue for the Website from time to time.

If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is reasonably foreseeable and a direct result of our breaking these Terms and Conditions or our failing to use reasonable care and skill. We will not be responsible for any losses you suffer as a result of us breaching these Terms and Conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, using the Associated Services or when the Contract for your Membership or the sale of Products by us to you was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

To the fullest extent permissible by applicable laws, under no circumstances, will Darma or its licensors be liable to you for more than the total amount paid to Darma by you for your Membership (or in the case of non-members, for your Products) during the twelve-month period prior to the act, omission or occurrence, giving rise to such liability.

To the fullest extent permissible by applicable laws, we are not responsible for indirect losses (including consequential damages) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the Contract between us.

The laws of certain countries, states and jurisdictions do not allow the limitation of liability or certain damages, and if such laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.

We only supply Memberships and Products for individual and private use. If you subscribe to our Memberships or use our Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

4. OTHER IMPORTANT TERMS

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

Contracts for a subscription to our Memberships or for the sale of Products formed through the Website are governed by these Terms and Conditions (including the Terms of Sale) in use at the time the relevant Contract is entered into.

All such Contracts are binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose (“Transfer”) of any Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

We will contact you to let you know if we plan to do this and if your rights are adversely affected in a material respect, give you the right to end your Contract with us.

You may only Transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.

EVENTS OUTSIDE OF OUR CONTROL

If our supply of a Membership or the Products is delayed by an event outside our reasonable control (an “Event Outside Our Control”) then we will contact you as soon as reasonably possible to let you know and we will where reasonably possible take steps to minimise the delay. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions, including any Contract between you and us concluded under these Terms and Conditions, such as, but not limited to, a contract for the sale of Products to you, that is caused by an Event Outside Our Control. An Event Outside Our Control may include for example (but without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster or other calamity affecting the health of some or all of the general public; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport and major disruption at ports, airports and borders; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under any Contract may be performed despite the Event Outside Our Control. If there is a risk of substantial delay caused by the Event Outside Our Control (a delay of more than 30 days) you may contact us at info@clubdarma.com to end the Contract and receive a refund for any Membership or Products you have paid for but not received.

THIS TERMS AND CONDITIONS ARE OUR ENTIRE AGREEMENT

These Terms and Conditions including the documents and additional terms referred to in them (in each case, as amended from time to time) constitute the entire agreement between us and you in relation to use of the Website, Associated Services and/or supply any Membership or any of the Products to you and supersede all previous agreements in respect of the same.

WE DO NOT WAIVE OUR RIGHTS IF WE FAIL TO EXERCISE THEM

If we fail, at any time during the term of any Contract between you and us concluded under these Terms and Conditions, such as, but not limited to, a Contract for the sale of Products to you, to insist upon strict performance of any of your obligations under that Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date and we reserve all of our rights for loss or non-repayment by you. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 2 of these Terms and Conditions. A waiver by us of any default shall not constitute a waiver of any other default.

GENERAL AND GOVERNING LAW

The law that governs these Terms and Conditions, and the place in which you can resolve any disputes with Darma will depend on where you are using the Darma Website. If any of these Terms and Conditions or any provisions of a Contract concluded under these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent allowed by law.

If you are using the Website in the United States, these Terms and Conditions, as well as any Contract in respect of a transaction carried out through the Website, will be governed by, and will be construed under, the laws of the United States and the laws of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Sections 4 and 5 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Website and Products shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California and you agree to submit to the personal jurisdiction and venue of such courts.
If you are using the Website in the UK (including England, Wales, Scotland and Northern Ireland) as well as any Contract in respect of a transaction carried out through the Website, these Terms and Conditions will be governed by, and will be construed under the laws of England and Wales and all disputes arising out of related to your use the Website and Products shall be subject to the exclusive jurisdiction of the courts located in England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are using the Website in the United States, you agree that all disputes, controversies and claims related to these Terms and Conditions (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Notice to Darma may be sent electronically to info@clubdarma.com. Except as provided below, any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms and Conditions. In the event of a conflict between the terms set forth in this Section 4 or Section 5 below and the JAMS Rules, the terms in this Section 4 and Section 5 listed below will control and prevail. Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Darma will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. . If the arbitrator awards you an amount higher than the last written settlement amount offered by Darma in settlement of the dispute prior to the award, Darma will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms and Conditions, (a) you and Darma may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. The arbitration will take place in Los Angeles, California, unless the parties agree to video, phone or internet connection appearances.
You and Darma agree that any arbitration shall be limited to the Claim between Darma and you individually. YOU AND DARMA AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You and Darma agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Darma’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in the small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
You and Darma agree that if any portion of this Section 4 is found illegal or unenforceable that portion shall be severed, and the remainder of the section shall be given full force and effect (except Sections 4 and 5 above). That portion shall be severed, and the remainder of the section shall be given full force and effect. If Sections 4 or 5 is found to be illegal or unenforceable then neither you nor Darma will elect to arbitrate any Claim falling within that portion of Sections 4 or 5 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, California, USA and you and Darma agree to submit to the personal jurisdiction of that court.

WEBSITE TERMS

WEBSITE CONTENT

Unless we state otherwise, all content published on the Website or made available to you in connection with the Website (including but not limited to all information; data; products; images, photographs, audio, video, artworks, graphics and materials; services; software and databases; tools; designs; text; text, video and audio chat conversations and exchanges; Contributions; and Copyright Material) is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website and information made available to you in connection with the Website is accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss which may arise from reliance on such content, whether it is our material or material posted by a third party (e.g. reviews, testimonials and comments).

We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Continued use of the Website shall be deemed your acceptance of such changes.

When using the Website on your mobile, laptop or desktop device (“Device”), you acknowledge and agree that you are responsible for (i) maintaining continuous internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any internet connection and telecommunications fees and charges that you incur.

Darma is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Website, including, but not limited to screen display operation features of your Device.

PERSONAL INFORMATION ABOUT YOU AND YOUR VISIT TO THE WEBSITE

We process information about you in accordance with our Privacy Policy. By using the Website, you understand that your personal information will be processed as described in our Privacy Policy and warrant that all data provided by you is accurate.

CONTENT PROVIDED BY YOU

All material which you contribute to the Website or its connected social media accounts, including reviews, feedback, stories, testimonials, Instagram posts (where you respond with the required hashtag), and images (“Contribution”), is subject to our Acceptable Use Policy as part of these Terms and Conditions. Darma does not verify or endorse and takes no responsibility for any Contribution or any content or communications made available through the Website via any function which allows a user to publicly post or share content.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us at info@clubdarma.com.

YOUR RIGHT TO ACCESS THE WEBSITE

Our website is solely for the promotion of our Products and services in the United Kingdom (“UK”) and the United States. Unfortunately, we do not currently deliver to addresses outside the UK or the United States. The Website is not directed toward children under 18 years of age, and Darma does not knowingly collect information from children under 18 or allow them to create an account or access account features. If you are under 18, please do not submit any personal information about yourself to Darma.

None of the Products, Memberships, services or content on the Website are offered to anyone in any country or jurisdiction where providing them may be prohibited by law. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its Products, Memberships, services, and content. We rely on this representation in order to provide you with access to, and use of, the Website and its content.

USING THE WEBSITE

The Website is provided on an 'as is' and 'as available' basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, any third party content accessed on or through the Website, any content made available to you in connection with the Website (including but not limited to via video, text or audio chat), or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.

This Website and any content is provided for general information only. Commentary and other materials posted on the Website or made available to you in connection with the Website (including but not limited to via video, text or audio chat) are not intended to constitute advice upon which any reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or content made available to you in connection with our Website.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

INTELLECTUAL PROPERTY

In this Section 4(A)(v) we set out the terms relating to our intellectual property, and your use of and interaction with it.

We are the owner and/or licensee of the “Darma” trade and brand name, logo, trade mark and get-up. Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by us or one of our group companies and are protected by copyright laws and treaties around the world. All such rights are reserved by us, our group companies and our third-party licensors.

USING OUR COPYRIGHT MATERIAL

You are permitted to access, store, print and use the Copyright Material on the Website for your own personal and non-commercial use and for placing orders for Products with us. However, you may not modify, copy, reproduce, publish, manipulate, upload, distribute, transfer or sell, by any means, any material or information on or downloaded from the Website or Copyright Material without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.

For the avoidance of doubt, you must not use any part of the Copyright Materials for commercial purposes without obtaining a licence to do so from us or our licensors.

You shall not modify, translate, reverse engineer, decompile, disassemble, or hack the Website or create derivative works based on any software or accompanying documentation supplied by Darma or its third-party licensors. Darma is a trademark belonging to Darma. No licence or consent is granted to you to use this trademark in any way, and you agree not to use this trademark or any mark which are considerably similar without our prior written permission. You agree not to remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in the Website and you shall not use any metatags or other “hidden text” incorporating Darma marks.

Any unauthorised use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.

REQUESTS TO USE COPYRIGHT MATERIAL

The Website may incorporate third party content and we may be unable to grant permission for you to use any such third-party content. Please contact the appropriate third party for permission to use their content.

INTELLECTUAL PROPERTY IN YOUR CONTRIBUTION

Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.

YOUR ACCOUNT WITH US

If you open an account with us, you must ensure that the details you give us are correct and complete. Please let us know right away if any of the details you provided while registering should change.

If you are given a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to anyone else. Accounts may not be shared. You agree to accept responsibility for all activities that occur under your account or password.

You should inform us immediately if you have any reason to believe that your password has been compromised or there has been any other breach of security regarding the Website that comes to your attention.

We have the right to suspend your account or to disable any username or password at any time if we believe you have failed to comply with these Terms and Conditions or for security and maintenance reasons.

LINKS TO OTHER WEBSITES

Where we provide links to other websites or resources, these links are provided for your information only and you access them at your sole discretion. We do not recommend, endorse, or accept any responsibility for the content of external websites or resources which we link to, or which may link to the Website. Remember, you are solely responsible for complying with the terms of any linked site, and you will be subject to their policies and practices (including data protection and privacy).

INTERFERENCE WITH THE WEBSITE

You must not attempt to interfere with the proper working of the Website or otherwise attempt to obstruct or interfere with any other person’s or entity’s use of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device.

Without limiting the foregoing, you agree that you will not use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by Darma in its sole discretion. You agree that you will not (a) obtain or attempt to obtain any information from the Website including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Website. Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user's identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.

SUSPENSION AND TERMINATION

If we believe that a breach of this policy has occurred, we may, in our discretion, take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website, suspension or cancellation of your account or Membership, immediate removal of any Contribution, issue of a warning to you, and/or legal proceedings.

COMPLIANCE WITH LAWS

Depending upon where you are located when using or visiting the Website, you are responsible for compliance with all applicable laws. If use of the Website, or use of any Membership, Products, services, or content offered through the Website are contrary to any applicable law in your jurisdiction, you are not authorised to view or use the Website and you must exit immediately.

If making any of our Products available in your jurisdiction or to you is prohibited, those Products are not offered for sale to you. You accept that if you live outside the UK or the United States, you must satisfy yourself that you are lawfully able to access and/or purchase our Products.

ACCEPTABLE USE POLICY

We want everyone who uses the Website to have a positive and safe online experience – in this Section 4(B) we set out the terms under which you may access the Website and use the services and resources we provide on it. You must comply with the spirit of these terms as well as the letter.

PROHIBITED USES

You may only use the Website for lawful purposes.

You may not use the Website:

In any way that breaches any law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm children or minors in any way.
To send, upload, download, knowingly receive, or use any material which does not comply with our content standards.
To transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or similar (e.g. spam).

CONTENT STANDARDS

The standards listed hereunder apply to all and part of any Contribution you make. You acknowledge that Darma has the right to pre-screen your Contribution but has no obligation to do so. Please note that we reserve the right not to publish any particular Contribution on the Website or to remove any Contribution at our sole discretion.

Contributions must:

Be accurate
Where they state opinions, be genuinely held
Comply with all applicable laws

Contributions must not:

Contain anything defamatory, obscene, offensive, hateful, threatening, harmful to minors, or inflammatory
Contain or promote sexually explicit material or violence
Be used for deception, or to mislead as to your identity or affiliations
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Infringe anyone else's copyright, trademark, or other intellectual property rights
Promote or suggest anything unlawful, including copyright infringement or computer misuse
Be made in breach of any legal duty, including a contractual duty or duty of confidence
Promote any illegal activity
Invade another's privacy
Be likely to harass, upset, embarrass, alarm, or annoy another person
Give the impression that they come from us or any other third party when they do not.

OWNERSHIP OF YOUR CONTRIBUTION

By making a Contribution:

You grant Darma a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable licence to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Contribution or any part of the Contribution in connection with the Website and Darma’s (and its successors’ and affiliates’) business, including without limitation for advertising, promoting and redistributing part or all of the Website, Products and packaging (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Website a non-exclusive license to access your Contribution through the Website while the Contribution is made available through the Website. You may take down any of your Contribution at any time; however, you acknowledge and agree that Darma may still have access to such Contribution and that the above license granted by you to Darma will remain in effect despite your removal of the Contribution from the Website. You hereby represent, warrant and covenant that any Contribution you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the licence specified in this Section 4(B)(iii).
To the fullest extent allowed by law, you waive your moral rights in your Contribution throughout the world.
You warrant that you own all intellectual property rights and other rights in your Contribution, including but not limited to copyright and image rights.
You warrant that your Contribution is not offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to any liability, violates any law, is otherwise objectionable, or impersonates another person.
You acknowledge that our use of your Contribution will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your Contribution).
You agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us.
You release us from any and all claims, liabilities, or damages arising from our use of the Contribution.

You acknowledge and agree that: (a) by using the Website, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and Darma has no responsibility to you or any third party for any Contribution that you create, submit, post or publish on or through the Website; (c) Darma does not guarantee any confidentiality with respect to your Contribution; and (d) Darma is not responsible for any Contribution provided by third parties that you may have access to through your use of the Website and all Contributions are the responsibility of the person from whom such Contribution originated. You acknowledge and agree that (y) Darma has no control over and is not responsible for the use of Contributions by its users, including any user that has downloaded Contributions to a personal Device; and (z) Darma may not be able to remove Contributions that are downloaded onto a user’s Device. Darma does not endorse any Contribution, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with any Contributions.

For the avoidance of doubt, you acknowledge that your Contribution is your sole responsibility. You agree that, under no circumstances, will Darma be liable in any way for any Contribution, including, but not limited to, any errors or omissions in any Contribution, or any loss or damage of any kind incurred as a result of the use or distribution of any Contribution transmitted or otherwise made available via the Website.

For those users using the Website in the United States, if you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to info@clubdarma.com, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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.

MEMBERSHIP TERMS

Darma gives you a choice: you can buy our top-notch beauty products at competitive prices without needing to purchase a Membership (the “Typical Price”), or you can opt for one of our available Memberships and buy our Products at a significant discount to the Typical Price (the “Members Price”), subject to these Terms and Conditions and any applicable Specific Membership Terms (as defined below). The Members Price for a Product may of course change over time.

HOW DO YOUR MEMBERSHIPS WORK?

If you opt for a Membership option, here's how it works:

If your order includes a Membership, it can be purchased at the Website checkout like any other Product. From that purchase forward, you (or the lucky recipient if you've bought it as a gift) will become a Darma member (a “Member”).
As a Member, you can buy Darma Products from the Website at the discounted Members Price (not including other applicable charges, such as shipping charges), subject to any specific terms or restrictions that may apply to your Membership type (the “Specific Membership Terms”).
Depending on your type of Membership, your Membership may permit you to purchase an “unlimited” number of Products (subject to Section 5 below) at the Member Price or may be subject to a spending limit (“Spending Limit”) that permits you to purchase Products up to the Spending Limit.

Note that, to the extent applicable, the Spending Limit has no cash value and cannot be redeemed, paid out, or claimed in any way other than for the purchase of Products in accordance with these Terms and Conditions and the applicable Specific Membership Terms. Any applicable Spending Limit does not impose an obligation on us to fulfil or accept orders and cannot be separated from the Membership it is linked to.

Darma products are produced to our unique specifications (the combination of packaging and product). Our Typical Prices are what you would typically pay at a retailer (online or offline) for a luxury product of similar quality, efficacy and size/weight. For more information on how we calculate the Typical Price, please see our Cost Transparency page.

5. TYPES OF MEMBERSHIP

While our primary Membership model is an annual Membership (the “Annual Membership”)(with varying Spending Limits), we may, in our discretion, also offer certain other Membership types at any one point, which may include monthly Memberships (with varying Spending Limits). You will be notified of specific Membership Terms that may apply to your Membership when you register for such Membership or in other communications and such Membership Terms may be available under your “My Account” page or, for currently offered Memberships, under the Membership Page. Memberships may be subject to a minimum term, and Memberships will renew automatically upon expiration of the applicable Membership term for additional terms of the same length unless cancelled by you. For further information on how to cancel, please click here.

TRIAL MEMBERSHIP (promotional) – we may from time to time provide promotional trial Memberships. These Memberships last for 24 hours, or as otherwise specified during sign up. Eligibility is determined by Darma in its sole discretion and may be limited to prevent abuse. We reserve the right to revoke a promotional trial Membership in the event that we determine you are not eligible, or otherwise in accordance with these Membership Terms. These Memberships may have a limited Spending Limit. The recipient will be informed of its expiry date and any automatic renewal terms in advance.

From time to time, we may offer different Memberships, and the fees and Specific Membership Terms for such Memberships may vary. We sometimes offer other promotional memberships, which are subject to these Terms and Conditions except as otherwise stated in the applicable Membership Terms. Darma may at its discretion make goodwill offers as part of its promotional campaigns, including limited increases to Spending Limits (if applicable) or promotional discounts from time to time.

GIFT MEMBERSHIP

We may also from time to time allow the purchase of Memberships to be given as gifts. The length and cost of such Gift Memberships will be specified on the Website and clear at the point of purchase. These will not renew automatically, and the recipient will be informed of its expiry date in advance.

Gift cards and Gift Membership codes can only be redeemed for Gift Memberships subject to these Membership Terms. Gift cards and Gift Membership codes should be kept safe, as lost or stolen gift cards and Gift Membership codes cannot be replaced. Darma is not responsible for unauthorized use.

Gift cards and Gift Membership codes are valid for use until the expiry date stated on them (if any).

For information on how to cancel a Gift Membership, click here.

UPGRADING YOUR MEMBERSHIP

Depending on your type of Membership, upgrades to your Membership may be available for purchase on the Website. These may increase the applicable Membership term or increase your Spending Limit per month, starting immediately following confirmation of your upgrade.

If you have purchased an upgrade to a Monthly Membership, your Membership will be upgraded immediately and will renew automatically on a month-to-month basis (subject to any applicable minimum term) from the date on which you purchased your upgrade, at the upgraded Membership price. Your cancellation rights are not affected.

If you have purchased an upgrade to a Membership and would like to return to a previous level of Membership that is still being offered by Darma, please email on info@clubdarma.com and they will be happy to help.

Depending on your type of Membership, Spending Limit ‘top-ups’ may be available for purchase on the Website. These may provide a one-off increase in the applicable Membership term or Spending Limit. These do not renew.

If you have purchased an upgrade to an annual Membership, your Membership will be upgraded immediately (at the pro-rated Membership fee) with your renewal date unchanged; the Membership will renew automatically on an annual basis at the upgraded annual Membership price. Your cancellation rights are not affected.

“UNLIMITED” MEMBERSHIPS AND OTHER RESTRICTIONS

Regardless of whether a specific Membership type is described as “unlimited” or as having no Spending Limit, all Memberships are intended to be used for reasonable, personal use, and we reserve the right to refuse any Product order that we determine to be excessive or that exceeds reasonable expectations for personal use under any Membership type. Regardless of Membership type, certain Products may be subject to limits on the number of units that may be purchased by a Member in either one order or during a specific period of time. In addition, all Product orders are subject to availability. If we refuse your Product order or the Products are not available in the quantities ordered, we will not process your order and will inform you of this in writing (which may include email). If you have already paid for the Product(s) ordered, we will refund you in full as soon as reasonably possible.

Memberships may not be shared or used by more than one person to order Products under the same Membership, and any access credentials (such as a username or password) may not be disclosed to or used by another person other than you.

6. CANCELLING YOUR MEMBERSHIP

NEWLY PURCHASED MEMBERSHIPS

You may cancel a newly-purchased Membership (Monthly or Annual) at any time within 14 days beginning on the day after you purchased the Membership without having to give a reason by contacting our Member Happiness Team at info@clubdarma.com.

If you have not yet placed any orders for Products using your Membership, you will be refunded the full cost of your Membership. If you have placed orders for Products using your Membership, we reserve the right to deduct from your refund the reasonable cost of providing the Membership to you, which is calculated as the Typical Price (i.e. non-member price) of the Products you ordered, minus the you paid for them.

MONTHLY MEMBERSHIP

A monthly membership can be cancelled by you at any time (once you’ve completed the applicable minimum term) and will take effect at the end of your current membership month once your notice to terminate has been given. You do not need to give a reason. Simply contact our Member Happiness Team at info@clubdarma.com quoting your full name.

ANNUAL MEMBERSHIP

Your annual membership can be cancelled by you at any time and will take effect at the end of your current membership term once your notice to terminate has been given. You do not need to give a reason. Additionally, you can also cancel a renewed annual membership within 14 days of your renewal date and the full fee for the renewed year will be refunded to you. Simply contact our Member Happiness Team at info@clubdarma.com quoting your full name.

GIFT MEMBERSHIP

You can cancel a newly purchased Gift Membership, without having to give a reason, within 14 days of the day after you purchased the Gift Membership, provided the Gift Membership has not been activated/redeemed. Gift Memberships become void once cancelled. Refunds will only be made where a request has been made by the purchaser. Refunds of the price paid will be made to the purchaser only, onto the original payment card. No refund or credit note will be given to the gift recipient. The gift recipient may cancel their Gift Membership at any time; however, they will still receive access for the full Gift Membership period, subject to these Terms and Conditions. If you wish to cancel a newly purchased Gift Membership, please contact our Member Happiness Team at info@clubdarma.com quoting your Full Name and Membership number.

Once a gift card or a Gift Membership code has been activated/redeemed, this means the user has consented to the immediate start of their Darma Gift Membership (or in the case of an existing member, the immediate increase to their Spending Limit) and the purchaser loses their right of cancellation and refund.

REJOINING FOLLOWING CANCELLATION

If you wish to purchase a new Membership following cancellation, this is at our sole discretion. Please be aware that unless otherwise agreed, your Membership type may no longer be offered and/or your Spending Limit will be reset to the ordinary starting figure and no Spending Limit from a cancelled Membership will be carried over.

CHANGES TO YOUR MEMBERSHIP TERMS

Where we need to change your terms of Membership or the Specific Membership Terms, we shall notify you by email. If such changes are material, we shall give you the option to cancel your Membership and receive a pro-rota refund for the time remaining on your Membership.

TERMS OF SALE

This Section 6(D) sets out the terms under which we will supply Products and Memberships (if applicable) to you through the Website.

OUR PRODUCTS

The Products offered or promoted on the Website are not medical products or medical devices and may produce different results for different users. The Products should be used by you only as directed.

We have taken reasonable steps to display, as accurately as possible, the colours and other detailing of our Products in the images that appear on the Website. However, the actual colours and detailing you see onscreen will depend on your Device, and we cannot guarantee that your Device's display of any colour or other detailing will exactly reflect the colour or detailing of the Product upon delivery. The packaging of the Products may vary from that shown in images on our Website.

We may sometimes make minor changes to Products or their packaging to reflect changes in laws or regulations, or to implement minor adjustments and improvements.

We warrant to you that any Product purchased from us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the Products. This does not affect your legal rights as a consumer, nor does it affect any right to cancel.

Every care has been taken to ensure transparency in the pricing of our Members Price for Products. However, we accept no liability for minor discrepancies, averages or fluctuations in the pricing elements.

AVAILABILITY

Although we do our best to ensure that all material and information published on the Website is accurate, all Products are subject to availability. If we cannot supply you with the Product(s) you ordered, we will not process your order and will inform you of this in writing (which may include email). If you have already paid for the Product, we will refund you in full as soon as reasonably possible.

We reserve the right to restrict the availability of individual Products or categories from time to time, including limiting the number of such Products that may be purchased in any month.

YOUR STATUS

To place an order through the Website for a Product or Membership, you warrant that you are legally capable of entering into binding contracts. You must comply with all export laws and regulations of the United States and UK or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Products, to any destination, person or entity restricted or prohibited by the Export Controls.

You must be purchasing as an individual for private use and not as a wholesaler or reseller. We reserve the right to cancel orders where we believe that they are intended for resale, where an account is being shared amongst individuals or otherwise for breach of these Terms and Conditions.

7. OUR CONTRACT – MEMBERSHIPS AND PRODUCTS

You can check and correct your order at any point up until you have clicked the 'PAY NOW' (or similar) button on the checkout page. Details of your order history will be available through your 'My Account' page.

You are required to provide us with your email address when placing an order (or when registering an account with us). We will notify you by email as soon as possible to confirm that we have received your order. Please note that all orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an e-mail confirmation that the Product has been dispatched or, if applicable, the Membership or Gift Membership purchased (“Confirmation”). We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. The contract between us as to an order for Products or a Membership (“Contract”) will only be formed when we send you the Confirmation.

The Contract will relate only to those Products and/or Memberships whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.

The Contract between us shall be concluded in English and these Terms and Conditions (in use at the time the relevant Contract is entered into) shall govern and shall be deemed incorporated into any such Contract. If these Terms and Conditions (or any part of them) are made available in languages other than English, the English language version shall take priority.

YOUR INFORMATION

During the checkout process, you will be asked to complete your payment details. All fields shown as compulsory must be completed. Please note that we will collect and store your information using an encrypted secure payment mechanism and will only use it in accordance with our Privacy Policy.

8. PRICE OF PRODUCTS

The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error. These prices include VAT and any other applicable sales taxes, and any other tax measured by sales proceeds, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. These prices exclude delivery costs, which will be added to your order before your payment is finalised.

Prices are liable to change at any time, but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete.

Notwithstanding the foregoing, if you are a consumer in the UK and the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.

If Darma determines that any Products, or payments for any Products, under these Terms and Conditions are subject to sales tax in any jurisdiction and you have not remitted the applicable sales tax to Darma, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such unpaid sales taxes.

We take all reasonable care to ensure that the price of the Product advised to you is correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

9. PAYMENT FOR MEMBERSHIPS AND PRODUCTS

Currently, you can pay by MasterCard, Visa credit, Visa debit, Visa Electron, JCB, Maestro, Solo, American Express and Paypal. In placing your order with a credit or debit card or by PayPal you confirm that the card/account being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Membership or Products. We may obtain validation of your credit or debit card or Paypal details before providing you with any Membership or Product. All credit/debit card or Paypal account holders are subject to validation checks and authorisation by the card issuer/payment provider. Your payment method will be charged monthly for as long as the Membership lasts.

If the issuer of your card/payment provider refuses to authorise payment we will not accept your order or be under any obligation to deliver the relevant Membership or Product. We will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery of the Membership or Product ordered. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

Your credit/debit card/Paypal account will be charged when we issue your Membership or dispatch your order from our warehouse. If your payment is not received and you have already received the Products you ordered from us, you must pay for the Products or return those Products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) the Products at your expense. We reserve the right to charge you for any and all damage to any Products that are the subject of an unpaid order.

SHIPPING OPTIONS, CHARGES AND ARRANGEMENTS

Subject to availability, after we have accepted an order for Products, we will use all reasonable means to deliver the Products within the time stated for your chosen shipping service. Due to the size of some Products or large quantities ordered, we may have to split up your order; if that happens, you will only be charged once for shipping. We will aim to dispatch as soon as possible; however, any date specified for delivery is approximate and we shall have no liability for failure to deliver on such specified date.

Shipping charges will be displayed clearly on the order page before payment is requested.

Click here for Shipping Information and charges

If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.

If after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the Contract.

Products become your responsibility from the time we deliver the Product to the address you gave us. Please check your Products thoroughly on receipt as we cannot be liable for any damage caused once they are in your possession. This does not affect your statutory rights. You will only own the Products once we have received payment in full.

OUR RIGHTS TO END A CONTRACT

Very occasionally we may need to cancel an order at our discretion. If this becomes necessary, it will be without charge to you.

In addition, we may end any Contract between us at any time if you breach any of these Terms and Conditions, including using any Membership or selling any Products for commercial use.

10. YOUR CANCELLATION RIGHTS

CANCELLING A PRODUCT ORDER

Whether you are located in the United States or UK, you may cancel a Product order at any time within 14 days beginning on the day after you have received your order, without having to give a reason. For UK customers, such cancellation rights are pursuant to the statutory rights under the Consumer (Information, Cancellation and Additional Payments) Regulations 2013 (the “Regulations”). You must exercise your right to cancel within 14 days of the day after you received the order unless your Product order is split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the Product order. If you would like to cancel your order under the Regulations or pursuant to these Terms and Conditions, you can contact our Member Happiness Team at info@clubdarma.com.

We will refund you the cost of the order plus the cost of Standard Delivery (if you opted for a faster class of delivery, any additional cost of delivery above that of Standard Delivery will not be refunded). This refund will be within 14 days of cancellation or, if earlier, the day on which you provide us with evidence that you have sent the product back to us, unless the circumstances of your refund process prevent it, in which case we will inform you of such delay and the reason for it. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. However, we may make deductions from the price to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop.

Please quote your order number in all correspondence. You will be responsible for the cost of return and for ensuring the Products reach us safely. The right to cancel does not apply to certain types of Products, including any goods that are made to your specification or clearly personalised and goods that are sealed for health protection or hygiene reasons which are unsealed.

We try to dispatch all orders within 48 hours of receipt, so if you do change your mind, please notify us as soon as possible. If your order has already been dispatched or delivered, then you'll need to follow our Returns Procedure to return the Products to us. We will issue the refund to you on receiving the returned Products, provided they are in a hygienic and resalable condition. Any returned Products that are not in a hygienic or resalable condition may be disposed of and we shall have no liability to you in this regard, for refunds or otherwise. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.

CANCELLING A MEMBERSHIP

Please click here for details on how to cancel a Membership.

11. RETURNS PROCEDURE

If you end a Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us at the address stated on your returns label within 14 days of telling us you wish to end the Contract.

If you are returning any Products, please package them well to prevent any damage during transport.

If you have any difficulty or have any other queries regarding the returns procedure, our Member Happiness Team will be able to assist.

Unfortunately, we cannot accept liability for returned goods that we don't receive, or for those that get damaged in shipping on their return. It's important that returned Products are in the best possible condition, so please take reasonable care of them and keep all packaging where possible.

SHIPPING CHARGES

If we have sent you the wrong items, or your order is faulty (see Faulty or Damaged Products), damaged or not as described on arrival, please contact us. We will refund the postal charges you incur to return such items. Please make sure that you obtain proof of postage from your post office. If you cancel an order pursuant to Section 10 (“Your Cancellation Rights”), we will not (unless otherwise stated) refund the postal charges you incur to return such items.

REFUNDS

If you cancel a Membership pursuant to Section 10 (“Your Cancellation Rights”) we will issue your refund to the original payment method within 14 days of receipt of the returned Products, or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of you telling us that you have changed you mind.

We cannot accept liability, nor can we take responsibility for any bank charges that you may have incurred during the order process.

12. FAULTY OR DAMAGED PRODUCTS

We are under a legal duty to supply Products that are in conformity with these Terms and Conditions. Nothing in this Section 12 affects your legal rights as a consumer under applicable laws, and we have a legal duty to supply Products of the quality described in your order. If any Product you purchase is damaged or faulty when delivered, we may offer an exchange or refund as appropriate, in accordance with your legal rights. Please note that if the damage to a Product occurs after delivery, no refund or exchange will be made. If you believe a Product is faulty, you should notify our Member Happiness Team and return the Product in accordance with our Returns procedure.

For UK customers: For more detailed information on your legal rights as a consumer, please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06.

For United States customers: For detailed information on your legal rights as a consumer, please visit the Federal Trade Commission – Bureau of Consumer Protection website at https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection.

For California customers located in the United States, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

GIFT-WITH-PURCHASE PRODUCTS

If your Membership included sample / gift Products, then we reserve the right to deduct a charge for the Members Price of the Products from your refund if you cancel the Membership and do not return the sample / gift product in an unused, re-saleable condition. This charge will be notified to you at the time you purchase the Membership. Your payment method may have the full charge deducted if the gift arrives in an unsaleable condition or does not arrive. You will be responsible for the cost of return and for ensuring the Products reach us safely.

13. MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To Darma, info@clubdarma.com:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

14. PROMOTIONS

Sometimes, we may give you a promotional code to reduce the price of specified Products or Memberships. Each promotional code has its own rules which will be made clear at the time of issue. Promotional codes need to be entered at the checkout to be applied to your order. Promotional codes are non-transferable and cannot be used in conjunction with other promotions or discounts. We may cancel or suspend a promotional code without notice where an event beyond our control affects the running of the promotion, or where we suspect fraud or technical error. Where a promotion includes a gift/sample product:

our GIFT-WITH-PURCHASE PRODUCTS terms (available above) will apply – if you cancel your Membership, we reserve the right to deduct the cost of the gift/sample Product
Availability is subject to stock

Cruelty Free

Our products are never tested on animals, ever.

Responsible

Sustainably sourced. Made in the USA with an FDA, GMP, and OTC compliant manufacturer.

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