1.1 About YogaClicks Store. YogaClicks Store is an online marketplace facility that enables users to transact directly with each other to buy and sell items (“the Marketplace”). The Marketplace is accessed at www.yogaclicks.store (“the Site”).
1.2 Who we are. The Marketplace and the Site is operated by YogaClicks Limited, a company registered in England and Wales with company number 08323662 whose registered office is 2nd Floor, 12 Upper King Street, Norwich NR3 1HA (“YogaClicks”, “we”, “us”, “our”). Our registered VAT number is 239375871
1.3 How you may contact us. You can contact us at any time by writing to us at firstname.lastname@example.org.
1.4 How we may contact you. If we have to contact you, we will do so by writing to you at the e-mail address you provided to us.
1.6 If you do not agree to these Buyer Conditions, please refrain from using the Site and/or Services or any part of them. You will not be able to purchase anything using the Marketplace until you have accepted these Buyer Conditions, and agree to comply with the obligations that they place on you.
1.7 Sellers. If you intend to participate in the Marketplace as a Seller (as defined below), separate terms and conditions relating to Sellers will apply.
1.8 “Writing” includes e-mails. When we use the words “writing” or “written” in these Buyer Conditions, this includes e-mails.
2.1 The definitions in this clause apply to these Buyer Conditions.
Buyer: any person, firm or company who uses the Site and who purchases Products.
Buyer Conditions: shall have the meaning set out in clause 1.5.
Guest: a User who is not registered on the Site.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Marketplace: shall have the meaning set out in clause 1.1 above.
Product: the goods, service or information that is listed by a Seller on the Site.
Seller: any person, firm or company who sells Products through the Site.
Services: the Site and other associated services provided by us to you in accordance with these Buyer Conditions.
Site: shall have the meaning set out in clause 1.1.
Users: any person, firm or company who accesses and uses the Site.
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
YogaClicks: shall have the meaning set out in clause 1.2.
3. OUR CONTRACT WITH YOU
These Buyer Conditions between you and us will come into existence when you access and use the Site.
4. ACCESSING THE SITE
4.1 Access to the Site is permitted on a temporary basis. You accept that we may withdraw or amend the Site or the Services (including access to them) without notice to you. If we amend the Site or Services, any amendment will be subject to these Buyer Conditions. We will not be liable to you for any reason if the Site and/or Services are unavailable or inaccessible to you at any time or for any period.
4.2 You may register on the Site or use the Site as a Guest. If you are registering as a consumer or purchasing a Product on the Site as a Guest, we will require you to provide certain personal data including your real name, your delivery and billing addresses and an e-mail address which you access regularly. All information provided by you to us must be truthful, accurate and complete. You must correct or update any personal information as soon as practicable if it changes. We reserve the right at any time and at our sole discretion to reject any registration or to suspend or remove any registration. We will not be required to give reasons for such.
4.3 Unless we otherwise consent in writing, you may not register more than one account on the Site.
4.5 You acknowledge that you may be required to set a password for your account, or we may assign to you a User identification code. Any password, User identification code, or other security information must be treated by you as confidential. You must not disclose such information to any third party. We at all times reserve the right to disable any User information code or password (whether chosen by you or us). You acknowledge and agree that you are responsible for all consequences arising from the use or misuse of your account, password and/or User identification code. In particular, you acknowledge and agree that instructions and actions transmitted on the Site via your account will be deemed to have originated from you if your account details have been utilised.
4.6 You acknowledge that information transmitted via the internet is not completely secure and we cannot guarantee that any communication by electronic means will reach its intended destination on time (or at all).
4.7 We (or a third party appointed by us) may be required to carry out maintenance on the Site from time to time. Whilst we will try to notify Users of any upcoming maintenance where possible, we may carry out emergency maintenance on the Site without notice to you. We shall not be liable for any loss or damage suffered as a result of any maintenance or work on the Site.
4.8 We reserve the right (at our sole discretion) to limit or otherwise restrict access to the Site or Services to Users for any reason whatsoever.
5. USING THE MARKETPLACE (IMPORTANT – PLEASE READ)
5.1 The Marketplace is a platform to facilitate the offering and completion of transactions for Products between Sellers and Buyers.
5.1.1 A word about shipping and our lovely sellers: Please bear in mind that you are buying from individuals who are often working on their own, managing a full time job and maybe children, at the same time as creating the yoga collection of your dreams. This means that they are managing their own orders, going to the Post Office themselves and very occasionally they may be away from their computer for a well earned break (on a yoga retreat … we hope). So please allow up to 21 days for your order to arrive. Thank you for your patience – all together now, ommmm …
5.2 When you purchase Products through the Site the binding legal contract will be between you and the relevant Seller. We are not a party to any contract of sale between you and the Seller concluded through the Site.
5.3 Any contract of sale between you and the Seller concluded through the Site will be subject to the Seller’s terms and conditions (as may be referred to on the Site, if applicable) which shall include any information included on the Product listing or as otherwise provided by the Seller.
5.4 Please note that the responsibility for compliance and enforcement of any rights under the contract of sale between the you and the Seller shall be between you both.
5.5 We do not and cannot make any warranty, guarantee, representation, undertaking or otherwise that the Products will be of a satisfactory quality, fit for purpose, conform to description, exist, comply with any applicable laws, comply with safety regulations or are otherwise legal. Any warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent that may be permitted by law. Nothing in these Buyer Conditions will affect your rights against the Seller.
5.6 In addition, you acknowledge that we do not and will not at any stage have possession of any of the Products listed on the Site, unless we expressly state otherwise.
5.7 Whilst we will upload the Product listings on the Site on behalf of the Sellers, we are not responsible in any way for the listings provided by the Sellers.
5.8 You may not buy any Products whose sale, distribution, import or export is prohibited or restricted by any applicable laws in your country of residence or the Seller’s country of domicile or any other country where delivery takes place. You and the Seller will be jointly responsible for checking whether any restrictions apply to the Products that you intend to buy and for any legal consequences.
5.9 You may not use the Marketplace, the Site and/or the Services for any activity that is unlawful in the UK or the country that you are domiciled or using the Site (if different).
5.10 You may not transfer your account to another party without our prior consent in writing.
5.11 There may be links on our Site to third party websites. We have not reviewed these third party websites. You acknowledge and agree that we do not have any control over such sites or resources. If you decide to use the third party websites, you do so at your own risk. We will not be liable for any loss or damage that may arise from or in connection with your use of such websites.
6. YOUR ADDITIONAL OBLIGATIONS
6.1 You will undertake to do the following:
(a) provide us with:
(i) all co-operation that is reasonably necessary for us; and
(ii) all information as may be reasonably required by us,
in order to properly provide the Services;
(b) establish and maintain internet access through the use of a suitable computer and modem or similar device;
(c) ensure that any computer hardware and/or software used is properly equipped and functions with up-to-date software and up-to-date protection against Viruses;
(d) ensure that any communication with or data transmitted to us does not contain or transmit any Viruses, and is not:
(i) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or
(ii) facilitating any illegal activity.
6.2 You will be responsible for any electronic communications and content sent from your computer or other internet access device using your log-in details whether or not actually performed by you.
6.3 You must not do or omit to do anything that causes the Site, the Marketplace or the Services to be interrupted, damaged or impaired.
6.4 You must not do anything that imposes or may impose (in our opinion) an unreasonable or disproportionately large load on our infrastructure or that amounts to a denial of service attack.
6.5 You must not establish a link to the Site in any way that may damage our reputation or suggest association, approval or endorsement with or by us unless we give you express written consent.
7. YOUR CONTRACT WITH THE SELLER
When you place an order on the Site for a Product, this will be an offer by you to purchase the Product. No order will be accepted unless and until we send to you an e-mail confirming the tracking number of the order as provided to us by the Seller. The contract between you and the Seller shall only relate to the Product(s) that are set out in any such e-mail.
8. PLACING AN ORDER
8.1 Your order to purchase a Product from a Seller will be placed when you click “Complete Order” to complete the check-out process. When your order is placed, we will send your order to the Seller. Your order is an offer to the Seller to purchase the Product. We will also send you an e-mail confirming the order once you have placed it, however this will not amount to an acceptance of the order.
8.2 Once you have placed an order, you authorise us to immediately charge by your method of payment for the purchase price (as specified when you checked-out). We may rely on your placing of an order as an instruction to us to take your payment. Please note that you may not use any card that you know, or ought to know, is invalid or expired.
8.3 A contract of sale will come into existence between you and the Seller once the Seller has accepted the order. An order will be accepted once we sent you an e-mail confirming the tracking number of the order. This e-mail will include a tracking number from which you will be able to track the order and view the estimated delivery date. We may also send you other e-mails to update you on the progress of the order, or to invite feedback. You may receive e-mails directly from the Seller with regard to your order, and you consent to us providing the Seller with your contact details to enable the Seller to contact you directly.
8.4 In the event that the Seller rejects your order, the Seller cannot fulfil your order, the Product is not in stock or the Product is not dispatched for any reason (and your payment has been processed by us), we will refund you the amount that was charged to your original method of payment.
8.5 We may at our sole discretion refuse to process a transaction for any reason or refuse the Services to anyone at any time. We will not be liable to you or any third party in these circumstances.
9.1 We will process payments made by you in respect of transactions made on the Site and we will accordingly transfer the payment to the relevant Seller on your behalf. You acknowledge and agree that all payments relating to the purchase of a Product by you through the Site will be handled by us.
9.2 Any payment made by you for a Product on the Site will satisfy your obligation to pay for the Product.
9.3 The Product listing will clearly set out the price inclusive of any taxes (including for the avoidance of doubt any VAT, sales tax or similar charges or levies), together with any delivery charges that will apply.
9.4 Delivery charges may vary depending on the destination that you choose to have the Product delivered and/or the delivery method chosen.
9.5 The Product listing will show the price of the Product in pounds sterling (£). You agree to pay for the Product in pounds sterling. Some banks may charge you an additional fee for certain transactions, and you agree that you will pay any additional fee together with the price for the Products.
9.6 You may only pay for the Product using the payment methods we make available from time to time.
9.7 If your payment is not authorised by your credit card issuer or bank, we will inform the Seller and your order will be rejected.
9.8 If you are located outside the UK, you may be liable to pay any additional import taxes or duties imposed by the applicable tax authority in your country. Such tax authorities may require payment of such taxes or duties before delivery of the Product. We will not be liable for payment of any such taxies or duties. Please note that we do not have any control over these taxes or duties, and we recommend that you contact your local customs office for further details before placing your order.
10.1 You may upload a review onto the Site in respect of a particular Product or transaction. Any material that is uploaded to the Site must not be:
(b) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(c) infringe any Intellectual Property Rights of any person;
(d) used to promote or facilitate illegal activity;
(e) used to impersonate any person or misrepresent your identify.
10.2 The material that you upload onto the Site will be considered non-confidential and non-proprietary. We shall be entitled to use, copy, distribute, disclosure or otherwise make use of any such material for any purpose. You will be liable for the content, accuracy or interpretation of any material that you upload onto the Site. We shall not be liable for any loss or damage that may arise from or in connection with any such material.
10.3 We reserve the right to remove or suspend any User from the Site if he or she breaches this clause. We also reserve the right to remove any material (for any reason whatsoever) from the Site that has been uploaded by a User.
11. RETURNS AND REFUNDS
11.1 The Seller’s terms and conditions (and return and refund policy) will apply to any return or refund of Products purchased from the Seller through the Site. The relevant Seller’s return and refund policy can be found here: https//:yogaclicks.market/pages/returns-cancellations.
11.2 If you would like to return a Product, please complete the online return form which can be found at https//:yogaclicks.market/pages/returns-cancellations. We will forward the return request to the Seller, together with your contact details.
11.3 The Seller will inform you how to return the Product and if it requires any further information. The Seller shall make the return and/or refund in accordance with its return and refund policy. We strongly recommend that you check the Seller’s return and refund policy before returning a Product and obtain proof or a postage receipt for any Products that you return to a Seller, as the return of the Product will be your responsibility.
11.4 If the Product is defective, faulty, damaged or not as described, you must ensure to include this information on the online return form. Any Products must be returned in accordance with the Seller’s return and refund policy.
11.5 Delivery charges may be refunded to you in certain circumstances, please check the relevant Seller’s return and refund policy for details.
11.6 In the event that a refund is to be made for a Product, we or the Seller (as the case may be) will refund the applicable amount to the payment method used to purchase the Product. Please note that we and the Seller have the right to process refunds for the Product.
11.7 In addition to the Seller’s return and refund policy, we also operate returns guidelines setting out which Products are capable of being refunded, which shall be available here: https//:yogaclicks.market/pages/returns-cancellations. You will at all times comply with these guidelines when attempting to arrange a return.
11.8 If you wish to exchange the Product, please return the Product by following the process set out in this clause and the Seller’s return and refund policy and then place a new order for the Product.
12.1 If you have any complaints and/or questions with respect to a sale transaction, please direct these to us in the first instance by writing to us at the e-mail address referred to at clause 1.3. Please provide full particulars of any complaint, together with any supporting evidence (if applicable) to us.
12.2 We will pass your complaint and/or question together with your contact details to the Seller who will respond to you directly. The Seller shall be under an obligation to respond to your complaint as soon as reasonably practicable, and in any event, within 3 working days of being notified of the complaint.
12.3 You will use your best endeavours to resolve the issue giving rise to the complaint with the Seller in good faith. You must communicate with the Seller in the English language.
12.4 If the complaint has not been resolved within 8 working days of the Seller being notified of the complaint, we will contact the Seller directly to determine whether it has acted in accordance with its returns and refunds policy.
12.5 We shall review the complaint within a reasonable timeframe. To enable us to do so, we may request that you provide us with further information. You must respond to any request for further information within 5 working days.
12.6 Following review of your complaint in accordance with the procedure set out in this clause, we shall determine whether or not the Seller has breached its returns and refunds policy. Accordingly we may:
(a) dismiss the complaint; or
(b) process a refund for the Product.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 You acknowledge and agree that all title, rights and interest to or in the Intellectual Property Rights arising out of or in connection with the Services, the Marketplace and/or the Site shall be owned by YogaClicks.
13.2 You agree that you will not extract, copy, reproduce, modify, create derivative works from or utilise any or all of the content on the Site and/or the Services for any purpose, unless we otherwise consent in writing.
13.3 You hereby grant us an irrevocable, non-exclusive royalty free licence to use any material that you upload onto the Site for any purpose.
13.4 You agree to indemnify us for all claims brought by third parties against YogaClicks arising out of or in connection with any material that is uploaded by you or on your behalf that infringes on another party’s Intellectual Property Rights.
14.2 You may terminate your account by giving us written notice.
15. EFFECT OF EARLY TERMINATION
15.1 Any provision of these Buyer Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this contract shall remain in full force and effect.
15.2 Termination of this contract shall not affect any rights, remedies, obligations or liabilities that we have accrued up to the date of termination.
16.1 How we will use your personal information. We will use the personal information that you provide us to:
(a) provide the Services to you;
(b) to process payment in accordance with these Buyer Conditions;
(c) to enable to Seller to contact you as permitted under these Buyer Conditions;
(d) if you agreed to this during the order process; or
(e) as may be otherwise agreed by you.
16.2 We will only give your personal information to third parties other than the Seller where the law either requires or allows us to do so.
16.3 We will not be liable to you in the event that the Seller processes your personal information in any way that is unlawful or otherwise in breach of data protection legislation.
17.1 Nothing in these Buyer Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
(b) fraud or fraudulent misrepresentation.
17.2 Subject to clause 17.1 and 17.3:
(a) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of data, loss of opportunity, loss of anticipated savings, or any indirect or consequential loss arising under or in connection with the contract between you and us; and
(b) our total liability to you in respect of all other losses arising under or in connection with the contract between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount that you have paid to us under this contract. For the avoidance of doubt, any money paid for Products purchased through the Site shall not be included in calculating this sum.
17.3 If you are a consumer and not acting in the course of business, nothing in this clause shall limit your statutory rights.
18.1 Assignment. You may not assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights and obligations under the contract without our prior written consent (such consent not to be unreasonably withheld or delayed). We may assign, transfer, mortgage, charge, declare a trust over or deal with this contract or any part of it to or with any person.
18.2 No partnership or agency. Nothing in these Buyer Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
18.3 Entire agreement. These Buyer Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.4 Rights of third parties. No one other than you and us shall have any right to enforce these Buyer Conditions.
18.5 Waiver. If we do not insist immediately that you do anything you are required to do under these Buyer Conditions, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.6 Events outside our control. If the provision of the Services and/or the Site is delayed by an event outside our control, then we will contact you to let you know (where possible). In any event, we will not be liable for delays caused by the event outside of control, but if there is a risk of substantial delay you may contact us to end the contract.
18.7 Severance. If any provision or part-provision of these Buyer Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Buyer Conditions.
18.8 Applicable laws and jurisdiction. The contract between you and us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).