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YOU ARE A ... Terms and Conditions
Welcome to the You Are A website terms and conditions for use. These terms and conditions apply to the use of the Website ( as defined below) and by accessing the Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions please do not use or access our Website.
Before you place an order, if you have any questions relating to these terms and conditions please contact us by email at info@youarea.co.uk or call us on 01750 22260 between 9am-5pm. Please note that all calls will be charged at the local rate (BT users only, other network charges may vary and may be recorded for quality monitoring and training purposes.)
Definitions
“Conditions” means these terms and conditions;
“Product” means a product displayed for sale on the Website;
“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
‘Users’ means the users of the Website collectively;
‘Personal Information’ means the details provided by you to us on registration and/or at any other time;
‘We’ or ‘/us’ or ‘our’ means You Are A the trading name for Charlotte Waugh, Middlestead House, Selkirk, Scotland. TD7 5EY:
‘Website’ means the whole or any part of the website controlled or operated by us and located at www.youarea.co.uk or any subsequent URL which may replace it:
‘Cookies’ means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer;
‘United kingdom’ means England, Wales, Scotland, Northern Ireland and the Channel Islands;
And ‘You’ means a party that visits and/or uses the Website.
Use of the Website
Access
You are provided with access to the Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Registration
You warrant that:
• The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You will notify us immediately of any changes to the Personal Information by contacting us by e-mail at youarea.co.uk, or calling us on 01750 22260 between 9am-5pm.
You agree that in relation to your registration on the Website and/or your use of the Website that you will not impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any beach of the Conditions by you or any other liabilities arising out of your use of the Website otherwise than in accordance with the Conditions.
Our Rights
We reserve the right to:
• Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any of the changes made to the Conditions then you must immediately stop using the Website.
Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for: (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Privacy
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on the Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any other information from which we can identify you, is held for the following purposes:
• Receiving, Processing and fulfilment of orders you make via the Website;
• For statistical or survey purposes to improve the Website and its services to you:
• To serve the Website content and advertisements to you;
• To administer the Website;
• If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering Products through the Website you will be given the option to receive information from You Are A by post, e-mail or telephone about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time e-mailing us at info@youarea.co.uk.
You Are A .. requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
Please check back frequently to see any updates or changes to our privacy policy. Questions regarding this Policy should be directed to You Are A ..at www.youarea.co.uk.
Purchase of Products
Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website otherwise than as a result of our negligence.
Contract Creation and Electronic Contracting
When you place an order on the Website to purchase Products from You Are A to be delivered to the recipient you designate in your order with us, we will send you an e-mail acknowledging receipt of your order . Your order to purchase Products represents an offer by you to You Are A to purchase products which, not withstanding the taking of payment from you by You Are A , is only accepted by You Are A to form a contract between you and You Are A when You Are A send you a further e-mail confirming You Are A have accepted your order, this e-mail is in addition to the aforementioned e-mail acknowledging receipt of your order and it will be your ‘Order Confirmation’. In the event that You Are A take payment from you before the contract is formed and thereafter You Are A do not accept your offer and/or do not issue an Order Confirmation to you. You Are A shall make a full refund of your payment to you. Any Products on the same order which You Are A have not confirmed in an Order Confirmation do not form part of that contract.
We retain the right to refuse to accept your order solely at our discretion. If we are concerned that you are attempting to place an order in an attempt to cause offence, dishonestly, fraudulently, by impersonating someone else or are attempting to use payment details which have been stolen we will make additional checks as to your standing and if appropriate involve external authorities.
Some Products or special offers available for purchase through the Website will be subject to availability and could change before we accept your order. They will not change after we accept your order.
These terms are the only terms upon which You Are A is prepared to deal with a purchaser of Products through the Website and they shall govern the contract arising from any order made through the Website that is accepted by You Are A to the entire exclusion of all other terms or conditions. This does not affect your statutory rights.
If you do require any information regarding orders you have placed with You Are A ..please e-mail us at the following address: info@youarea.co.uk
Cancellation of Online Purchases and return of Products
You have the right to cancel any online purchase of Products without charge by giving written notice of such cancellation to You Are A within seven working days ( being days other than Saturdays, Sundays or public holidays) from the date after the day on which the recipient you designate in your order with us receives the Products you have purchased.
If you wish to cancel in accordance with the preceding paragraph, you must keep your purchase in ‘as new’ condition. It must not be used or have been installed anywhere. On receipt if you have opened the box to examine the Product you must have done so with only minimal damage to the packaging. The Product should be returned to us at your expense in the original box and packaging and with any accessories you received with it.
If you follow the steps above we will refund to you the full purchase price plus any delivery charge paid to deliver the Product to you but excluding the costs of returning the Product to us.
Pricing
All pricing on the Website is in pounds sterling and is inclusive of UK Value added Tax.
Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website are incorrectly priced. We verify the prices included in your order to us as part of our processing procedures so that, where Products are incorrectly priced we may, at our discretion, either contact you for your instructions in relation to your order or reject your order and notify you of such rejection.
All quotations are valid for 7 days from the date of issue.
The prices of the Products shall be the price specified by You Are A in the Order Confirmation it issues to you.
You Are A reserves the right, before the Order Confirmation is dispatched, to change the price of the Products included in your order.
Description of Products
Each Product purchased is sold subject to its Product Description.
We will take all reasonable care to ensure that all details and descriptions of Products appearing on the Website are correct at the time when the relevant information was entered onto the Website. Although we aim to keep the Website as up to date as possible, the information including, without limitation, Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place the order.
General
Intellectual property and right to use
You Are A, is, unless otherwise stated, the owner or licensee of copyright and database right in and to the Website and its content. No part of the Website may be copied, published, distributed, extracted, or reproduced in any form (including photocopying or storing it in any medium by electronic means and whether or not transiently of incidentally to some other use of this publication), except as permitted by the Copyright, Designs and Patents Act 1988 or the Copyright and Rights in Databases Regulations 1997, as applicable.
You acknowledge and agree that all intellectual property rights, including without limitation, copyright, trademarks and all other intellectual property rights in and to all material or content on this Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive if and only to the extent necessary to purchase Products using the Website. Any other use of such material and/ or content of the Website is strictly prohibited. You agree not to ( and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website or any transaction that may be conducted on or through the Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties and/or conditions of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
• Any economic losses( including without limitation loss of revenues, profits, contracts, business or anticipated savings) or
• Any loss of goodwill or reputation; or
• Any special or indirect losses suffered or incurred by you arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. We cannot be held liable in any way for the message accompanying Products sold through this Website, although we will endeavour to ensure that the tone of the message is inoffensive ( we retain the right to reject any message/order that is felt to be offensive), the Website acts as a handler in this respect and we accept no responsibility for message content.
Certain Products in the ‘Nasty’ gift selection section will be delivered in heat sealed bags and should not be opened under any circumstances. We accept no responsibility for damage caused to Products or any consequences arising from accidental opening. Some of the gifts in the ‘nasty’ section will not be available outside the UK.
Post
We will endeavour to dispatch each order within 3 working days of sending the order confirmation. In circumstances where this is not possible we will endeavour to take reasonable steps to contact customers and notify them of alternative arrangements. As part of the ordering procedure customers have the option of next day delivery ( working days only) at an additional cost. The cost of postage is included in the prices available on the Website except in the ‘extravagant’ section on the Website where some of the items will be subject to a separate price quotation on request to us. All deliveries outside the UK will be subject to a surcharge of £5 per delivery – there may be an additional cost to items in the ‘extravagant’ section on the Website only but these will be notified in advance.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement
These conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by an authorised representative of You Are A. In this way, we can avoid any problems surrounding what You Are A .. and you are expected to do. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law
The Conditions and the purchase of any Products through the Website shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.
Contact
The address of You Are A ( a trading name for Charlotte Waugh) is Middlestead House, Selkirk. Scotland. TD7 5EY. Tel; 01750 22260
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