TERMS AND CONDITIONS
We are Yuvafy Ltd., 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UK. We are registered in England and Wales under company number 14194878.
VAT number (GB 424550808)
Understanding these Conditions
2.1 When certain words and phrases are used in these Conditions which start with capital letters, they have specific the meanings set out below (known as ‘defined terms’). Where a defined term is used, it has the meaning given to it in the section of the Conditions where it was defined if it is not defined below.
“Acknowledgement of Order” means an emailed acknowledgement of order issued by Us to You detailing the Products that You have ordered from Yuvafy via the Site;
“Contract” means a legally binding contract between You and Yuvafy for the sale and purchase of the Products created pursuant to clause 4;
“Order” means an order issued by You detailing the Products You wish to purchase via the Site;
“Price” means the price of the Products as confirmed in the Acknowledgement of Order;
“Product” means any products available for purchase on the Site;
2.2 When we refer to “We”, “Us” or “Our”, we mean Yuvafy. Where we refer to “You” or “Your” we mean you, the person accessing the Site and/or purchasing Products.
2.3 Clause headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2.4 References to clauses are to clauses in these Conditions.
2.5 Where the context dictates, the singular shall include the plural and vice versa and any gender includes the other gender.
2.6 Any reference to any statute or statutory provision will (unless the context otherwise requires) be construed as a reference to that statutory provision as may be amended, consolidated, modified, extended, re-enacted or replaced from time to time.
3.1 Please note that when You decide to purchase any Products via the Site the resulting legal Contract is between You and Us and such Contract shall compromise all of these Conditions, the Acknowledgement of Order and the applicable details on the Product page. You agree to be legally bound by all such provisions.
3.2 You should carefully review these Conditions, the Acknowledgement of Order and the applicable details on the Product page. If there is any conflict or inconsistency between these Conditions, the Acknowledgement of Order or the applicable details on the Product page, these Conditions shall prevail.
3.3 The Price of Products may be subject to change without notice and will be confirmed in the Acknowledgement of Order.
3.4 We reserve the right at any time to modify or discontinue any Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party in relation to any modification, price change, suspension or discontinuance of the sale of the Products.
3.5 We have made every effort to display as accurately as possible the colours and images of the Products that appear on the Site. We cannot guarantee that the display of any colour on your computer, phone or tablet relating to the Products will be accurate.
3.6 We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at Our sole discretion.
- Contract Formation
4.1 Each order You place shall be deemed to be an offer by You to purchase the Products specified within it subject to the Conditions and the applicable details on the Product page.
4.2 No Order shall be deemed to be accepted by Us until we issue an Acknowledgement of Order to You.
4.3 The Contract between You and Us will relate only to those Products notified in the Acknowledgement of Order.
- Accessing the Site
5.1 Access to the Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the content of the Site and the Products available on the Site without notice to you. We will not be liable to you if for any reason any of the Products are unavailable at any time or for any period.
5.3 If you choose, or you are provided by Us with a password, user identification code or any other piece of information as part of our security procedures relating to the Site, You must treat such information as confidential and You must not disclose it to any third party.
5.4 We reserve the right to disable any password or user identification code, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these Conditions.
5.5 It is Your responsibility to ensure that all information (including your name and address) You upload to the Site, including payment information, is correct and accurate. Please ensure that You check all information before making a purchase.
- Limitation of Liability and Disclaimer of Warranties
6.1 The following provisions set out Our entire liability in respect of any Products purchased via the Site.
6.2 To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from Your use of the Products.
6.3 The Site is provided “as is” and “as available” and We expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties relating to the Products.
6.4 Your access and use the Site is at Your own discretion and risk, and You are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Site.
6.5 Subject to clauses 6.8 and 19, Our total liability under the Contract shall be limited to the Price of the Products in the Order.
6.6 Subject to clauses 6.8 and 19, We will not be liable to You in contract, tort or otherwise for any economic loss of any kind (including but without limitation of loss of use, loss of profit, loss of anticipated profit, loss of data, loss of business, overhead recovery, machining costs, revenue, or anticipated savings), any damage to Your reputation or goodwill, any product recall or business interruption costs or any other special, indirect or consequential loss or damage (even if We has been advised of such loss or damage) arising out of or in connection with the Contract.
6.7 The provisions of this clause 6 shall survive the termination or expiry (for whatever reason) of the Contract.
6.8 Nothing in these Conditions shall limit or exclude Our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
- Except as otherwise provided in these Conditions, all warranties, conditions and other terms implied by statute or common law (except for the conditions implied by or required by the Consumer Rights Act 2015) in relation to the Products are, to the fullest extent permitted by law,excluded from the Contract.
- Without prejudice to the provisions of clauses 6.9 or 6.11, and subject to the provisions of clauses 6.8 and 19.2 any express term contained in the Acknowledgement of Order excluding or varying this clause 6.10, the remedy available to You in respect of any defect in the Products arising out of design or manufactured default shall be to the r replacement, at the sole discretion of Us, of such Products, which are to be notified to Us as being defective in materials or workmanship within fourteen days of the date of delivery.
- The obligation to replace such Products detailed in clause 6.10 will not apply and, subject to the provisions of clauses 6.5, 6.8 and 19, We will not be liable for any defective Products if:
- the full Price of the Products has not been paid by the due date;
- the defect arises as a result of the negligence of You;
- the defect arises because You have failed to follow any instructions issued by Us (whether all or in writing) as to the storage, use or consumption of the Products;
- You fail to notify Us in writing of the defect and despatch it to Us within fourteen (14) days of discovery of the defect;
- the defect arises as a result of misuse, wilful damage, or abnormal working conditions;
- Payment Methods
7.1 The Site allows You to check Your Order and correct any errors before completing the Purchase of a Product. Please take the time to read and check Your Order at each page of the Order process
7.2 Purchases for Products may only be paid for using the payment methods that We make available via the Site from time to time through Our payment facility.
7.3 All prices of Products shall be shown in GB Pounds Sterling currency unless otherwise stipulated on the Site.
7.4 You accept that some banks may charge You an additional fee for certain transactions (for example, international transactions).
7.5 Delivery charges may vary depending on the destination to which You choose to have the Product delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes. You will be responsible for the payment of any import duties and/or taxes that are not included within the price of a Product.
- Refusal of Payment
We may refuse to process a payment transaction for any reason at our sole discretion. We will not be liable to You or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after the process of payment has begun.
- Delivery Arrangements and Risk
9.1 Your shopping basket on the Site will display the Products you have chosen to purchase and details of postage and packing.
9.2 Any delivery times quoted are in working days and are estimates only.
- Time shall not be of the essence in relation to the delivery of any Products and We shall not be liable for the late delivery of any Products.
- Risk of damage to or loss of the Products shall pass to when the Products are delivered to You.
- Notwithstanding delivery and the passing of risk in the Products, or any other provision of these Conditions, the property in the Products shall not pass to You until We have received in cash or cleared funds payment in full of the Price.
- Import Regulations and Duty
If You order Products from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the Product is imported into 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 their amount. Please contact Your local customs office for further information before placing your Order if you require any further information before placing Your Order.
11.1 In relation to most Products purchased, You will have 14 days to return the Product. The return period will expire 14 days from the day on which You receive the Products. As our drinkable collagen products are an ingestible supplement, the right to change your mind does not apply, and we cannot accept returns due to quality control, and health & safety. We take great care in producing our collagen and cannot re-stock food products once they have left our control.
11.2 Products may only be returned if the box is unopened and security seals are intact.
11.3 If You wish to cancel an Order or return any Product, please contact Us direct through our FAQ page. Note we are unable to cancel orders once an order has been placed due the quick nature our products are picked and dispatched.
11.4 If You have already received the Product that You wish to return, please package up the Product in the original packaging and send it back to Us within 14 days of receipt of the Product. We recommend that You use a signed-for delivery service with proof of postage. We cannot be liable for the loss of or damage to any Products during transit back to Us. Due to the nature of our product for safety reasons we strictly no not accept returns if the boxes seals are broken.
11.4 Please note that You will have to bear the direct cost of returning any Product.
11.5 To be eligible for a refund, any Products that You return must be unused and in the same condition that You received them with seals unbroken. The Products must also be returned in their original packaging.
11.6 We shall require a receipt or proof of purchase of a Product before any refund or exchange can be processed.
- Website Links
- Our Site must not be framed on any other website or linked to any other website.
- The Site provides links to other websites for Your information. If You use these links, You leave the Site. We have not reviewed these third-party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to the Site, You do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from Your use of them including the group gifting application which is provided by a third party.
- Intellectual Property Rights
- For the purposes of these Conditions, “Intellectual Property Rights” means any and all patents, trademarks, service marks, registered designs, any application for any of the foregoing, copyright, unregistered design rights and any other similar protected rights in any other country that are owned by Us or capable of being owned by Us. The ownership of and sole rights to obtain the ownership of all Intellectual Property Rights shall at all times be vested in Us.
- We own, or are the licensee to, all right, title and interest in and to the Site and the content featured on the Site. You must not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site.
- You must not extract or otherwise use any of the content on the Site for commercial purposes without obtaining a licence to do so from Us.
- Health and Safety
Products supplied by Us are designed to be safe and without risk to health provided they are used strictly in accordance with any instructions or information issued by Us as to their use and are also used with any necessary safety precautions. If You are unclear as to the correct use of the Products it should immediately contact Us for clarification. It is Your responsibility to meet all safety standards in the application or use of the Products.
- Viruses, Hacking and Other Offences
- You must not misuse our Site by introducing viruses, Trojans, worms or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to Our Site.
- By breaching the provisions of this Clause 15, You would commit a criminal offence under the Computer Misuse Act 1990. We adopt a zero-tolerance procedure to such actions. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Site will cease immediately.
If We fail or choose at any time not to insist upon strict performance of any of Your obligations under these Conditions and the Contract, or if We fail or choose not to exercise any of the rights or remedies to which We are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by us of any of these Conditions or the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any of these Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Conditions, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Variation of Conditions
We may update these Conditions (and the documents referred to in them) from time to time and will notify such changes to You by uploading details of them on the Site. You should review the Conditions periodically for changes. By using the Site You agree to be bound by these Conditions. If You do not agree to be bound by these Conditions then please do not use the Site or purchase any Products from the Site.
- Entire Agreement
- These Conditions and any documents expressly referred to in them (including but without limitation the Acknowledgement of Order) constitute the entire agreement between You and Us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between You and Us, whether written or oral, relating to its subject matter.
- You agree that You shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or any documents expressly referred to in them.
- Force Majeure
- We shall not be liable to You by reason of any delay failure to deliver the Products if the delay or failure is due to any act beyond our reasonable control, including but without limitation, any act of God, explosion, inclement weather, flood, tempest, pandemic, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition, regulations, bye-laws, prohibitions or measures of any kind on the part of any government or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes or power failure (each a “Force Majeure Event”).
- If for any reason We anticipate that We will be prevented or hindered from delivering any Products due to a Force Majeure Event then We shall notify You and You may cancel the Order.
- In the event of any cancellation of an Order following the occurrence of a Force Majeure Event, We shall be under no liability or obligation to You other than to repay the Price.
- Rights of Third Parties
No provision of these Conditions shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise and the provisions of the Act shall be excluded.
- Governing Law and Jurisdiction
Contracts for the purchase of Products through our Site shall be governed by English law. Any dispute arising from, or related to, such Contracts or these Conditions shall be subject to the exclusive jurisdiction of the courts of England and by placing any Orders You agree to submit to the exclusive jurisdiction of the courts of England.
- Feedback and Complaints
- General comments about the Site are welcome, please contact us by emailing hello@Yuvafy.com
- If you have any complaints about the Products or the Site, please contact Us by emailing hello@Yuvafy.com