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Terms & Conditions

Terms & Conditions to use our Website

Last updated: 01 Mar 2020

  1. ABOUT US
    1. This Website is owned and operated by Ethniciti UK ('we'/'us'/'our') of Unit 4119 Safestore, Webb Street, Bury, BL8 1AF.
    2. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
  2. INTRODUCTION
    1. This document (together with any documents referred in it) tells you the Terms & Conditions upon which we sell and supply the products and services (the 'Goods') listed on this website (the 'Website') to you.
    2. Before confirming your order please:
      1. Read through these Terms & Conditions (the 'Conditions') and in particular our Returns & Refund policy at clause 10 and limitation of our liability and your indemnity at clause 17;
      2. Print a copy for future reference;
      3. Read our privacy policy regarding your personal information;
    3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions which may be modified or amended and posted on this Website from time to time.
    4. We offer this Website, including all information, tools and services available from this Website to you, 'The User' ('you', 'your', 'yours'), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
    5. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions. Any new features or tools which are added to the current store shall also be subject to these Terms & Conditions.
  3. COMMUNICATIONS
    1. You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
    2. We will contact you by email or provide you with information by posting notices on our Website.
  4. OVERSEAS ORDERS
    1. Our Website is mainly intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
    2. However, we do accept orders from residents of certain European Countries (whose list is mentioned in Delivery & Shipping section of our website), Australia, Canada and the USA. For these countries we reserve the right to amend the specifications or standards of the Goods offered on the Website and/or these Conditions or to refuse to accept an order for our Goods from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
    3. If we agree to supply any Goods ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
    4. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
    5. We currently do not accept orders for customers residing outside above mentioned countries, through our website. However, if you are interested in our products and a resident of a country outside of these countries, please send us an inquiry through Contact Us detailing what Goods you are interested.
  5. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
    1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you:
      1. must be 18 years of age or over;
      2. must be legally capable of entering into a binding contract;
      3. must provide full details of an address of the country you reside in, for the performance or delivery of the Goods and;
      4. agree that any and all Goods ordered by you are for your own private or domestic use only and not for resale;
    2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
  6. PRICE
    1. The prices of the Goods are quoted on the Website and are quoted for transactions in Great Britain Pound Sterling only.
    2. Prices quoted are for performance of the Goods in the United Kingdom unless otherwise specified.
    3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).
    4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Goods.
  7. PAYMENT
    1. We accept payment for the Goods through following 5 ways:
      1. Shopify Pay - Pay using your Visa / Mastercard / American Express Credit Cards or Debit Cards.
      2. PayPal - You do not need to have an account with PayPal. You can choose to pay using any major prepay (issued by Visa or MasterCard), credit or debit card (including American Express) as Guest Account.
      3. Amazon Payments - You need to have an Amazon Account. You can also use Login & Pay with Amazon which means you do not need create an account with us and pre-selected modes of payment (in your Amazon Account) can be used to make a payment to us.
      4. Google Pay - If you have a compatible Android Phone and Google Pay enabled with payments details, you may be able to use Google Pay to pay for the Goods.
      5. Apple Pay - If you have a compatible iPhone/iPad/Mac and Apple Pay enabled with payments details, you may be able to use Apple Pay to pay for the Goods.
    2. By placing an order and using PayPal / Amazon Payments, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the PayPal / Amazon payment page.
    3. Payment will be debited and cleared from your account before the provision of the Goods to you.
    4. By accepting these Conditions you:
      1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered;
      2. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer (through PayPal or Amazon) to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.
    5. We shall contact you should any problems occur with the authorisation of funds by PayPal or Amazon.
    6. 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, but in the absence of negligence on our part, 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 our Website. Please note that we do not hold any details related your Payment Cards on our systems as they are solely processed by PayPal or Amazon for us.
  8. ORDER PROCESS AND FORMATION OF A CONTRACT
    1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
    2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
    3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
    4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
    5. A contract (the 'Contract') between you and us incorporating these Conditions will only subsist after we have cleared your payment irrespective of the payment method used (i.e. PayPal or Amazon) and have confirmed that we shall be providing the requested Goods. We will send you an email to confirm this (a 'Confirmation Notice') and will be indicated as "Processing in progress" in Order Status in your Account or when you track your order as Guest. The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice, whether or not you receive it.
    6. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
    7. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
    8. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
      1. Any change to those policies or these Conditions is required to be made by law or governmental authority and/or
      2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
  9. DELIVERY
    1. Please read detailed Delivery & Shipping Policy.
  10. RETURNS & REFUNDS
    1. Please read detailed Returns & Refunds Policy.
  11. INCORRECTLY PRICED OR DESCRIBED GOODS
    1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
    2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
    3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
    4. If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund as specified in our Returns & Refunds Policy.
  12. COMPLAINTS
    1. If you have a comment, concern or complaint about any Goods you have purchased from us, please send us a secured message through Contact Us page on our Website.
  13. WEBSITE USE
    1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
    2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
    3. We reserve the right to:
      1. Make changes to the information or materials on this Website at any time and without notice to you.
      2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
      3. Refuse to post material on the Website or to remove material already posted on the Website.
    4. You may not use the Website for any of the following purposes:
      1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
      2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise.
      3. Breaching any applicable local, national or international laws, regulations or code of practice.
      4. Gaining unauthorised access to other computer systems.
      5. Interfering with any other person's use or enjoyment of the Website.
      6. Breaching any laws concerning the use of public telecommunications networks.
      7. Interfering with, disrupting or damaging networks or websites connected to the Website.
      8. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website.
      9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
      10. To create and/or publish your own database that features all or substantial parts of the Website.
      11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission taken from Us.
    5. In addition, you must not:
      1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website.
      2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it.
      3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack.
      4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website.
    6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
    7. All pictures and photographs are copyright of Ethniciti UK, you are not authorised to download or use them elsewhere on Internet without obtaining permission from us.
  14. REGISTERING ON THIS WEBSITE
    1. When registering on the Website you must choose an Email ID and password. You are responsible for all actions taken under your chosen Email ID and password.
    2. By registering on the Website you undertake:
      1. That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects.
      2. You will notify us immediately of any changes to the information provided on registration.
      3. You are over 18 or if under 18 you have a parent or guardian's permission to register with the Website in conjunction with and under their supervision.
      4. To only use the Website using your own Email ID and password.
      5. To make every effort to keep your password safe.
      6. Not to disclose your password to anyone.
      7. To change your password immediately upon discovering that it has been compromised.
      8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
    3. When using Amazon details to register your account with us, you additionally agree to abide by T&Cs stipulated by Amazon here.
  15. ACCESS
    1. You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
    2. You can order Goods from our Website as a Registered User or as a Guest User. It is advisable to be a Registered User as it offers host of benefits which are not available as Guest user.
    3. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
    4. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
    5. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
  16. SUSPENDING OR TERMINATING YOUR ACCESS
    1. We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
      1. You fail to make any payment to us when due.
      2. You breach terms of the Conditions (repeatedly or otherwise).
      3. You are impersonating any other person or entity.
      4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
      5. We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.
  17. LIABILITY AND INDEMNITY
    1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
      1. Death or personal injury resulting from our negligence
      2. Fraud or fraudulent misrepresentation
      3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
      4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
    2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or Goods found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
    3. We will not be liable if the Website is unavailable at any time.
    4. We make no representation or warranty of any kind expressed or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
    5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
    6. All our transactions & data transmission through our Website are protection by Secured Socket Layer (SSL) Certificates, however we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
    7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
    8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
      1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
      2. any loss of goodwill or reputation; or
      3. any special or indirect losses; or
      4. any loss of data; or
      5. wasted management or office time; or
      6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 17.8.1 to 17.8.6, is strictly limited to the purchase price of the Goods you purchased.
    9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
    10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
  18. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
    1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  19. FORCE MAJEURE
    1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
      1. Strikes, lock-outs or other industrial action
      2. Shortages of labour, fuel, power, raw materials
      3. Late, defective performance or non-performance by suppliers
      4. Private or public telecommunication, computer network failures or breakdown of equipment
      5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
      7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      8. Acts, decrees, legislation, regulations or restrictions of any government
      9. Other causes, beyond our reasonable control
    2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
    3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
  20. PRIVACY POLICY
    1. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).
    2. You can find full details of our Privacy Policy on the Website here.
  21. THIRD PARTY RIGHTS
    1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
  22. EXTERNAL LINKS
    1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. 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 in any way, whether directly or indirectly, for:
      1. The privacy practices of such websites
      2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or Goods on or available from such websites or resources
      3. The use which others make of these websites; or
      4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or Goods available on and/or purchased by you from such external websites or resources
  23. GENERAL
    1. We reserve the right to change the domain address of this Website and any Goods, products, product prices, product specifications and availability at any time.
    2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
    3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
    4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
    5. All Contracts are concluded and available in English only.
    6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it 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, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
    7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.
    9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  24. GOVERNING LAW AND JURISDICTION
    1. The Website is controlled and operated in the United Kingdom.
    2. Every purchase you make shall be deemed performed in England and Wales.
    3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
  25. CONTACT INFORMATION
    1. Questions about the Terms & Conditions should be sent to us through Contact Us Form.
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