WEBSITE USER AGREEMENT – &YOU LIFESTYLE
Version 3 – 20 January 2020
ANY PERSON OR ENTITY (“User
” or “Purchaser
” or “You
”), USING OR ACCESSING THE SITE AT www.andyoulifestyle.com (“Site
”) OR ANY INFORMATION CONTAINED IN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE USER AGREEMENT (“Agreement
- The Site. When you use or register with the Site, you are contracting with &YOU Lifestyle Ltd, a company registered in England, having its registered office at 32-33 Gosfield Street, London, W1W 6HL, UK. &YOU Lifestyle Ltd is referred to in these terms and conditions as “we”, “us”, “our” or “&YOU”. Please note that age restrictions may apply to certain Products in some cases. You agree to not use the Site for any reason other than as authorised by &YOU solely via the normal functionality of the Site.
- Passwords. You agree: once registered with &YOU, to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and, to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, you must let us know immediately via email to email@example.com and we will close your account as quickly as possible. You agree that you will be responsible to &YOU and to others for all activity that occurs under your registration account.
- The &YOU Lifestyle Service. &YOU provides a marketplace for Users (“Service”) to purchase, from &YOU or from an Affiliate Partner, any of the goods listed or referenced via the Site (“Products”). Please note that &YOU does not warrant or guarantee the accuracy or completeness of listings on the Site, or that an Affiliate Partner will complete a transaction or return an item. We provide no assurance or undertaking that any Product(s) you purchase from an Affiliate Partner will be of satisfactory quality (and all warranties are disclaimed by &YOU to the fullest extent of applicable law). This does not affect your statutory rights against any Affiliate Partner.
- Content. The Service is intended only for the purposes specified on the Site, and use of any or all content contained within the Service (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Please note that &YOU does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
- Ownership of Content. &YOU, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Service in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Service or under applicable law. The Service is for your personal, non-commercial use only, and is not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
- Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Service, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org.
- Links to Affiliate Partners. The Service displays and/or refers to links to websites of Affiliate Partners and other parties from time to time. &YOU: (i) does not take responsibility for the content of such websites; (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.
- Purchasing Goods. When purchasing anything via the Service, you acknowledge and agree that you are solely responsible for reading and understanding the relevant listing(s) in full, entering into a legally binding contract for such purchase and complying with any terms applicable to that (potentially international) contract. You further agree that you will honour other terms imposed by an Affiliate Partner for that transaction. &YOU reserves the right to correct any processing errors that we may discover from time to time. Please note that we reserve the right to refuse to process a transaction for any reason in our sole discretion and &YOU shall not be liable to you or any third party in relation to any such refusal.
- Acceptance. By placing an order through the Service, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include some or all of the following: first name, surname, email address, telephone number, invoicing and delivery address. After placing an order, you may receive an e-mail from us acknowledging receipt of your order. Please note that this email is an acknowledgment and does not mean that your order has been accepted. The sale and purchase contract between us will be formed only when we send you an Order Confirmation. All orders are subject to acceptance.
- Prices and Payment. Prices (and/or packaging/delivery costs) are as set out on the relevant pages of the Service (except in cases of obvious error) and all listed prices are exclusive of VAT (or similar) tax unless otherwise stated. Such amounts are subject to change at any time. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country.
- Credit Cards. Payment for Products may be by credit or debit card. We accept payment by Visa, Visa Debit, Mastercard, Maestro, American Express and/or PayPal. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
- Delivery. Deliveries are subject to delivery costs set out in the relevant listing. Deliveries may require a signature on delivery (and for this reason, it is not possible to deliver to a PO Box address or a hotel). Risk passes to you once delivered, but Products shipped to any non-card registered address are sent entirely at your risk. A signature may be required at time of delivery of goods may not be left without such signature. In the unlikely event a Product is damaged or lost in transit, we shall endeavour to supply a replacement as soon as possible. If we cannot supply an identical Product, we will offer you an alternative similar Product and/or issue a credit note. Please note that no title of the relevant goods shall pass to you until payment has been received in full and delivery has been completed. If you order Products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict amounts or other requirements. If in doubt, please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- Damaged Products. Products will be your responsibility after the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the unlikely event a Product is damaged or lost in transit, you must immediately report the damage to email@example.com. If such damage is verified and an identical Product cannot be supplied, you may be offered an alternative similar Product and/or issued a credit note.
- Right of Cancellation in the EU. You may cancel any purchase made within the European Union at any time within fourteen (14) days, beginning on the day you receive the Products. In any such case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below). To cancel a purchase, you must inform us in writing and must return the Products to us, unopened and undamaged, as soon as reasonably practicable at your own cost. The date upon which the package is post-marked will determine whether you have returned the Product(s) within the required period and Products will be deemed received two days after the date of the post-mark (not including Sundays and public holidays). Failure to comply with the return obligations hereunder may result in a deduction by us of the direct cost of recovering the unreturned Product(s). All refunds will be processed at our sole discretion according to the condition of the returned Product(s). We will not be liable to you for failures, defects or delays in delivery caused by: (a) your provision of incorrect information; (b) your mailbox being full and unable to receive correspondence; (c) your failure to comply with instructions for use of the Service; and/or (d) an event which is outside of our reasonable control. You will not have any right to cancel a purchase for the supply of any personalised Products. Nothing hereunder affects your other statutory rights as a consumer.
- Returns. In addition to your statutory rights if you are not completely satisfied with your purchase from &YOU, you can return it to us with proof of purchase within thirty (30) days of receipt and we will arrange for an exchange, subject to availability, or a refund. In these circumstances you are responsible for the cost of returning the Product to us in an undamaged state. This right to exchange or refund does not apply to personalised Products. If you return a Product to us because you have cancelled the purchase within the cooling-off period (see above) we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of notice. In this case, we will refund the price of the Product and any applicable delivery charges, though you will be responsible for the cost of returning the item to us. If you return a Product to us for any other reason, we will examine the returned Product and will notify you of your right to any refund via e-mail within a reasonable period of time. We will process refunds as soon as possible. We will refund the price of any defective Products in full, plus any applicable delivery charges and any reasonable costs you incur in returning the item to us, via the method originally used by you to pay for your purchase. If you wish to discuss or request a return, exchange or refund of any item purchased via the Service, please contact us via firstname.lastname@example.org. Please note that any failure to comply with applicable return obligations (as posted on the Service with the relevant listing) may result in a deduction of the cost of recovering the unreturned Product(s). Any returns of faulty items will be processed according to the condition of the returned Product(s). &YOU shall not be liable for failures, defects or delays in delivery caused by incorrect information or failure to comply with instructions or any other event which is outside of our reasonable control. This provision does not affect your statutory rights as a consumer.
- Disputes. If a dispute arises between You and any of &YOU’s Affiliate Partners, please notify us at email@example.com. In some cases we may assist in any reasonable request to resolve the dispute through alternative dispute resolution procedures.
- Liability. You agree that the liability of &YOU to you hereunder shall be limited to the lesser of the amount you have actually paid to &YOU and one hundred pounds Sterling (GB£100). Except as set out herein, &YOU shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Service or in relation to Products that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of &YOU or any other statutory rights.
- General Disclaimer for Services. You agree and accept that &YOU shall not be liable for any change, suspension or interruption to the Site or the Service. &YOU provides no warranty regarding continuous access to the Service, as operations of the Service may be interfered with by numerous factors outside of our control. Except as expressly provided in this Agreement, the Service and all Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site or the Content will be free of defects, including without limitation viruses or other harmful elements. Please note that Products displayed on the Service are normally intended only for demonstration or illustrative purposes, and may not be identical to the Product(s) delivered.
- Indemnity. You agree to indemnify &YOU for any loss or damage that may be incurred by &YOU, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Service. You further undertake to indemnify &YOU for all loss or damage incurred by &YOU in relation to any third party claim against &YOU for infringement of intellectual property rights arising in relation to your use of or provision of materials to the Service.
- Termination of this Agreement. You may close your &YOU account at any time in accordance with the account closing procedures set out on the Service. &YOU may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. Without limitation to any other provision hereunder, we reserve the right to limit, suspend, or terminate your user account (and or access to the Service), and/or take technical or legal steps to keep you from using the Service if in our discretion it appears that you may be creating problems or possible legal liabilities or otherwise harming the Services.
- Third party links to &YOU. Any other website may link to our Site, provided it does not imply any endorsement of any Products or services we provide, does not misrepresent its relationship with or present false information about &YOU, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that &YOU reserves the right to withdraw such permission at any time and to take any other appropriate action
- Trade Marks. The brands, products and service names used or appearing within the Service (including, without limitation, “&YOULifestyle” and “&YOU”) are the trademarks or trade names of &YOU or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of &YOU.
- Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Service in any manner. If you in any way Interfere with the Service, you agree to pay all damages incurred by &YOU. &YOU will cooperate with the authorities in prosecuting any User who Interferes with the Service or otherwise attempts to defraud &YOU or any other parties through User’s use of Service. &YOU reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Service. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
- No Partnership. Your use of the Service creates no partnership, client, fiduciary or other professional relationship.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
- Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
- No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
- Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or the Service constitutes agreement with and acceptance of any such amendment or other changes
- Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.