Terms & Conditions

TERMS OF USE OF OUR WEBSITE

1. ACCEPTANCE OF TERMS

1.1. Your access to and use of AT YOUR BEAT www.atyourbeat.com (“Website”) is subject exclusively to these Terms of Use. By clicking on the button below you warrant you have read and accept the terms, conditions and disclaimers contained in this notice

1.2. You will not use the Website for any purpose that is unlawful or prohibited by these Terms

1.3. Separate Terms of Sale govern the use of this Website to buy goods on-line from At Your Beat and you must agree those terms before making any purchase from us.

1.4. We reserve the right to update or amend these Terms at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms regularly for any changes.

1.5. You hereby accept and acknowledge that the Internet is not and cannot be a totally secure environment at any time and that any information delivered to any server can be the subject of unauthorized access. We take all reasonable steps and take all reasonable care consistent with security afforded by contemporary technology both to keep and to check that its agents keep your personal information secure from unauthorized access. You however accept the risk that your personal information may be subject to unauthorized view and use by continuing to use this Website and by using this Website to buy our products

2. TERMS OF SALE

This website is brought to you by At Your Beat. We ask that you read this Terms of Sale carefully as it contains important information about your purchase with us.

1. ACCEPTANCE OF TERMS

1.1. Your use of AT YOUR BEAT www.atyourbeat.com website to buy goods on-line from AT YOUR BEAT is subject to these Terms of Sale. By clicking the button below you warrant you have read and accept the terms, conditions and disclaimers contained in this notice

1.2. You will not use this Website for any purpose that is unlawful or prohibited by these terms of sale

1.3. Separate Terms of Use govern the use of this Website. Your access to and use of this Website is subject exclusively to those Terms.

1.4. We reserve the right to update or amend these Terms of Sale at any time. When we change the Terms of Sale, you will be asked to accept the updated or amended Terms of Sale before you are able to continue with your purchase

2. ELIGIBILITY TO PURCHASE

2.1. The purchase of merchandise through us is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with English law.

2.2. We reserve the right to refuse any orders from any person under the age of 18.

2.3. In order to make purchases through the Website, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

2.4. The Website is available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit card or debit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card or debit card in the amount of the total purchase price for the merchandise which they purchase.

2.5. Purchases made on the Website by consumers are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit.

2.6. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

2.7. Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

3. ORDERS

3.1. All orders are subject to acceptance and availability.

3.2. We offer products for sale that are in stock and available for dispatch from our distribution center. Alternatively you may simply choose to register your email address for notification of arrival of the required product not held in stock.

3.3. Requested items received into stock may be pre-allocated to customers on the Waiting List or customers ordering through the Website for immediate delivery.

3.4. If you have registered your email address for notification of the arrival of a specific product featured on our Website, we will attempt to notify you by email within 48 hours of the product becoming available on the Website. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

3.5. Prices shown on the Website are in GBP and are inclusive of VAT at the rate prevailing at the time of supply. Receipts where appropriate will set out any VAT levied on the transaction.

3.6. All prices and offers remain valid as advertised from time to time.

3.7. The GBP price of a product displayed on the Website at the time the order is accepted will be honored.

3.8. You will also incur carriage costs and for purchases to be delivered outside of the UK any duties levied by the jurisdiction to which you have specified delivery. The final price for overseas customers will be calculated in accordance with the applicable exchange rate on the day your debit or credit card company processes the transaction.

3.9. We reserve the right to change any price without notice.

4. PRODUCT INFORMATION

4.1. We take all reasonable endeavors to ensure that

4.1.1. the colours and or appearance of the products are represented as accurately as possible, however, we cannot guarantee that the colour and or appearance of the product displayed on your monitor will be the same as that of the product as the colour and appearance shown on the monitor will depend on the monitor’s hardware and settings.

4.1.2. the sizes and measurements of products indicated on the Website are offered by reference to accepted industry measurements (eg: XL, L, M, S; small; medium; large; adjustable; etc) but there may be variations.

4.1.3. the details, descriptions, prices and any other information of the products on the Website were correct when that information was entered into the Website. We reserve the right to refuse any orders where the details, descriptions, prices or any other information have not been properly published for any reason on the Website.

4.2. Goods are subject to availability.

THE EC DIRECTIVE ON DISTANCE SELLING (DIRECTIVE 97/7) RATIFIED BY THE CONSUMER PROTECTION (CONTRACTS CONCLUDED BY MEANS OF DISTANCE COMMUNICATIONS) REGULATIONS 2000 REQUIRES US TO INFORM YOU OF THE FOLLOWING WHICH IS TO BE READ WITH AND FORMS A PART OF THESE TERMS AND CONDITIONS)

5. IDENTITY

The Seller is AT YOUR BEAT, registered company address is 7 Alterta Westcott House, Alberta Street, London, SE17 3SE and contactable at hello@atyourbeat.com. It is the supplier of goods purchased from this website unless expressly stated otherwise.

6. DESCRIPTION AND PRICE

Goods and prices payable are set out (together with the value added and/or any other applicable tax) on this website

7. DELIVERY

7.1. Where Goods are delivered to the Buyer’s address, the Buyer will be informed about the cost of such delivery at the time of payment.

7.2. Goods supplied within the UK will normally be delivered within [minimum 1 maximum 30] working days of acceptance of order. Custom specified product will be delivered in agreement with the Buyer.

7.3. Goods supplied outside the UK will normally be delivered within [minimum 1 maximum 30] working days of acceptance of order. Custom specified product will be delivered in agreement with the Buyer.

7.4. Where a specific delivery dates has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

7.5. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.6. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7.7. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

7.8. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

8. CANCELLATION AND RETURN

8.1. The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.

8.2. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in the event of faulty or damaged goods. This should be done in writing to hello@atyourbeat.com within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

8.3. Where a claim of defect or damage is made, the goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.

8.4. Goods must be returned by the Buyer at the Buyers expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer

8.5. Goods to be returned must clearly show the order number obtained from the Seller on the package.

Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

9. SALE PRICE ADJUSTMENT POLICY

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price.

10. ACCEPTANCE OF YOUR ORDER

10.1. Once you have made your choice and your order has been placed in the shopping basket and payment has been tendered, unless you cancel your order, acceptance of your order and completion of the contract between you and AT YOUR BEAT will be perfected when our agents or we dispatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English.

10.2. We reserve the right not to accept your order for any reason, for example,

10.2.1. that we are unable to obtain authorisation for payment,

10.2.2. that shipping restrictions apply to a particular item,

10.2.3. that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn,

10.2.4. Or that you do not meet the eligibility criteria set out at 2.

10.3. If a product you place an order for becomes out of stock or unavailable after the order is placed but before that order is accepted, you will not be charged for that product.

10.4. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

11. PAYMENT

11.1. Payment can be made by Visa, Visa Electron, MasterCard, or Delta credit cards, Maestro or Visa debit cards for so long as the issuer sanctions such method of payment]. Payment will be debited and cleared from your account upon receipt of your order by AT YOUR BEAT. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.

11.2. If the issuer of your payment card refuses to authorise payment to AT YOUR BEAT, we will not be liable for any delay or non-delivery.

11.3. We take all reasonable care to make our Website as secure as we can make it. All credit card transactions on this Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions. To help ensure that your shopping experience is safe, simple and we use.

11.4. Furthermore, 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 the Website.

11.5. We provide the option for you to safely store your credit card details, making it quicker and simpler to shop with us. Your full card details will never be displayed, except for the last 4 digits so that you know which of your cards you are using. You can delete your card details by unchecking the box “remember my payment details” on the payment page.

11.6. Please note that you will need to re-enter card details if you change or add a new address. This means that if someone guesses your password and tries to place an order using your account, they will be unable to do so to any address other than those you have already saved. We hope you understand that this is a valuable precaution designed to protect your personal information.

12. SECURE PAYMENT CONTRACTOR

12.1. WILL WE BE USING PAYPAL?

12.1.1. To give you even more confidence in shopping online with AT YOUR BEAT we protect your existing Maestro card account from unauthorised use when you shop with us.

12.1.2. To use this service, you must first register with the bank or other organization that issued your card. To find out more click here to visit the Secure Code website.

12.1.3. Once you have registered and created your own private password with your card issuer, you will be automatically prompted at checkout to provide this password each time you make a purchase. This means that even if someone knows your debit card number, they will unable to complete a purchase without your private password.

12.1.4. Please note: Your MasterCard Secure Code password is not your AT YOUR BEAT account password. AT YOUR BEAT does not have access to your MasterCard Secure Code password.

13. TRACKING YOUR ORDER

You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you. We will store a record of your transactions for a minimum of one year.

13.1. Important information

13.1.1. All orders require a signature upon receipt.

13.1.2. We are unable to redirect orders once items have been dispatched.

13.1.3. Order cut-off times are provided as guidelines only, and do not take into account possible delays caused by payment authorization.

14. INSURANCE

We insure each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you.

15. TAXES AND DUTIES

15.1. To ensure that the most accurate pricing, taxes and delivery costs are displayed, we recommend that you click on the link at the top of our Website. Click here to access this page.

15.2. Taxes

15.2.1. Taxes and duties are calculated according to your shipping destination and itemized on the Order Summary page. UK VAT will be applied to orders dispatched within the United Kingdom (excluding the Channel Islands) and the European Union.

16. RECEIVING A REFUND

16.1. All correctly returned products will either be credited to the original purchaser’s credit card or debit card or AT YOUR BEAT account and exclude shipping costs (with the exception of faulty items).

16.2. If your order has been sent to a destination within the EU, all sales taxes will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through us. However, you may be able to recover these by contacting your local customs bureau directly.

17. IMPORTANT INFORMATION WHEN RETURNING PRODUCTS NON-CONSUMERS

17.1. All items must have a Return Merchandise Authorization (RMA) number. Unidentified returns may be returned to the sender.

17.2. Items must be returned within 7 days of receiving your RMA number by email.

17.3. Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.

17.4. Items should be sent in their original packaging to ensure they are adequately protected in transit. Shoe boxes must also be protected as they are considered part of the product, and your return will not be accepted if the box is damaged.

17.5. We do not accept liability for goods that are not returned via our courier service.

17.6. Goods must be returned to us via the original delivery method used.

17.7. Items must be returned unused, and with all AT YOUR BEAT tags and or bar coding and where applicable, designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer.

17.8. Where provided, any original designer packaging such as authenticity cards, dust bags and leather tags must be included with your return.

17.9. Please email hello@atyourbeat.com immediately if any of your purchases have been delivered without an AT YOUR BEAT tag or bar coding.

18. LATE RETURNS

18.1. Items must be returned within 7 days of the date of your RMA request.

18.2. Returns outside these timeframes may be accepted at our discretion and may only be refunded as a store credit. Please note that RMA numbers requested after 7 days will also be granted at our discretion.

19. FAULTY GOODS

19.1. Goods are classified as faulty if they are received damaged. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.

19.2. If you would like to exchange a faulty item, please be aware that we can only replace subject to availability.

20. WEBSITE SECURITY

20.1. To help ensure that your shopping experience is safe, simple and secure we use Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the internet. If SSL is enabled then you will see a padlock at the top of your browser and you can click on this to find out information about the SSL digital certificate registration.

20.2. You will also notice that when you look at the location (URL) field at the top of the browser you will see it begin with ‘https:’ instead of the normal http: This means that you are in secure mode.

21. DIGITAL SECURITY CERTIFICATES

21.1. AT YOUR BEAT is registered with Verisign as an authentic site. Verisign is the largest provider of digital security certificates, which ensure that your information is kept private while in transit between your web browser and our web server. To learn more about Verisign’s Digital ID, what it means to be an authentic site, and other security information, click on the authentic site seal below.

22. YOUR ACTIVITY

22.1. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Website on a temporary or permanent basis and any decision to do so is final.

23. INDEMNIFICATION

23.1. At our request, you agree fully to defend, indemnify and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Website or the use by any other persons accessing this Website using your Internet account.

23.2. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

24. OUR RELATIONSHIP

24.1. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Sale, or your use of this Website for the purchase of products.

24.2. You agree that you may not and will not hold yourself out as a representative, agent, or employee of us, and we shall not be liable for any representation, act, or omission on your part.

25. ENTIRE AGREEMENT

25.1. The Terms of Sale constitutes the entire agreement between you and us regarding your use of this Website for the purchase of products, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and us in relation to such matters.

25.2. In the event any other rules, code of conduct, or other matter posted on this Website conflicts with the terms of the Terms of Sale, the Terms of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms of Sale.

25.3. You confirm that, in agreeing to accept the Terms of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Terms of Sale save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Terms of Sale.

26. FORCE MAJEURE

26.1. We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to:

26.1.1. acts of God,

26.1.2. Strikes.

26.1.3. lock outs,

26.1.4. accidents,

26.1.5. war,

26.1.6. fire,

26.1.7. failure of any communications, telecommunications or computer system,

26.1.8. breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply,

And we shall be entitled to a reasonable extension of time to perform our obligations.

27. DISCLAIMERS, NO WARRANTY AND LIMITATION OF LIABILITY

27.1. While we will use reasonable endeavors to verify the accuracy of any information it places on the Website, it makes no warranties, whether express or implied in relation to its accuracy.

27.2. This 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 this Website, or any transaction that may be conducted on or through this Website including but not limited to, implied warranties of:

27.2.1. non-infringement,

27.2.2. compatibility,

27.2.3. security,

27.2.4. accuracy,

27.2.5. conditions of completeness, or

27.2.6. any implied warranty

Arising from course of dealing or usage or trade.

27.3. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Website and any information provided to or taken from this Website by you.

27.4. You agree that, except for death and personal injury arising from our negligence, We will not be liable in or for:

27.4.1. contract,

27.4.2. tort (including, without limitation, negligence),

27.4.3. pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract,

27.4.4. any economic losses (including without limitation, loss of revenues, profits, Contracts, business or anticipated savings),

27.4.5. any loss of goodwill or reputation, or

27.4.6. any special or indirect or consequential losses

In any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

27.5. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, business opportunity, data, profits or other economic loss) arising out of or in connection with the use of the Website or any of our services accessible thereon from time to time.

27.6. We make no warranty that the Website will meet your requirements, that the information or data carried thereon will be accurate or reliable at any particular time, that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

27.7. Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligent act or omission or that of our employees or agents, or for any fraudulent misrepresentation.

27.8. Nothing in these Terms and Conditions shall affect the statutory rights of a consumer resident in the European Union.

28. SEVERANCE

If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

29. GOVERNING LAW

The substantive law regulating the use of this Website is the law of England and Wales and non EU consumers agree to submit to the exclusive jurisdiction of the English courts.

4. CHILD SUPERVISION AND AGE RESTRICTION

4.1. Parents who wish to allow their children access to and use of this Website should monitor screen access and supervise such access and use. It is therefore the Parent?s responsibility to determine whether the content of this Website is appropriate for young children as some images may not be suitable for the very young.

4.2. Parents are responsible for insuring that their children do not place or disclose personal information or data relating to their children on this Website.

4.3. If you are under 18, you must let your parent or guardian know about our Privacy Policy before you register to use this Website.

5. USER ACCOUNT, PASSWORD AND SECURITY

5.1. If you wish to buy goods from us which requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services.

5.2. You are responsible for maintaining the confidentiality of the username and password and for all activities that take place under your account.

5.3. You agree to notify us immediately in writing of any unauthorised use of your password or account or any other breach of security.

5.4. In no event will we be liable (other than for death or personal injury caused or contributed to by the negligent act or omission of us or our employees ) for any indirect or consequential loss or damage whatsoever resulting from unauthorised access to or use of your username and/or password.

5.5. It is forbidden to use another person’s account at any time, without the express permission of the account holder. Any person so using another person’s account will be deemed to have been authorised by the person who has permitted the other to use that person’s account.

6. ACKNOWLEDGEMENT OF STATUS OF CONTENT

6.1. You acknowledge that all information or data to whatever it relates whether in text image or code sent to us whether posted publicly or transmitted privately, is the sole responsibility of the person(s) who is/are responsible for transmitting such information or data.

6.2. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content. We do not accept any responsibility for any postings of which we or our agents are not the authors.

6.3. You acknowledge that by accessing this Website you may consider certain images displayed on it to be offensive to your own tastes or beliefs. If you see anything which causes you concern you should exit from this Website immediately.

7. PROHIBITIONS

7.1. If at any time you transmit information or data in whatever format or medium to us you agree not to use this Website:

7.1.1. for sending or to send us or any third party junk email, spam, chain letters, pyramid schemes or unsolicited advertising or advertorial messages;

7.1.2. to post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

7.1.3. to post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

7.1.4. to threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of us or of others;

7.1.5. to use or download any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

7.1.6. to make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of Illustrated People Limited or the computer or property of another;

7.1.7. to collect or store personal information about others, including email addresses;

7.1.8. to advertise or offer to buy goods of any person other than us or otherwise to use this Website for any unauthorised commercial purpose;

7.1.9. to impersonate any person or entity for the purpose of misleading others;

7.1.10. to violate any applicable laws or regulations;

7.1.11. in any manner which could damage, disable, overburden or impair the Website, the Server and or the systems supporting this Website or interfere with any other party’s use and enjoyment of the Website;

7.1.12. to post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

7.1.13. to attempt to gain unauthorised access to any of the services offered by us from time to time through this Website, any other accounts, computer systems or networks connected to the Website or such services through hacking, password mining or any other means.

7.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

8. PREVENTION OF ON-LINE ABUSE

You hereby agree and acknowledge that we may at its sole and unfettered discretion with or without notice remove from this Website any material or disable any link whether or not it is lawful or whether it breaches these Terms or which in our opinion whether or not it is otherwise objectionable.

9. TERMINATION

9.1. We have the right to terminate your access to any or all of the services being offered through this Website at any time, without notice, for any reason, including without limitation, breach of these Terms.

9.2. We may also at any time, at its sole discretion, discontinue the Website or any part thereof without prior notice and you agree that we will not be liable to you or any third party for any interruption or termination of your access to the Website or any part of it.

10. LINKS TO THIRD PARTY WEBSITES

10.1. The Website/Services may include links to third party websites which are controlled and maintained by others.

10.2. We will not be responsible for your decision to access any other site utilising a link from the Website.

10.3. If you are in doubt about using any link or unaware of what it may contain you should exit this Website and access the other site you wish to access by using its own url.

10.4. You acknowledge and agree that we are not responsible for the linkage content or availability of any such sites.

11. THIRD PARTIES AND LINKING TO THIS SITE

11.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.

11.3. We reserve the right to withdraw linking permission without notice.

11.4. We may include hyperlinks on this Website to other websites or resources operated by parties other than us, including advertisers.

11.5. We have not reviewed all of the sites linked to this Website and

11.5.1. we are not responsible for the content or accuracy of any off-site pages

11.5.2. we are not responsible for the availability of such external websites or resources

11.5.3. we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation)

11.5.3.1. any advertising,

11.5.3.2. products,

11.5.3.3. other materials or services on or available from such websites or resources,

11.5.3.4. any damage, loss or offence caused or alleged to be caused by, or in connection with,

11.5.3.4.1. the use of or reliance on any such content, goods or services available on such external websites or resources.

12. NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

13. INTERNATIONAL USE

You agree to comply with all applicable laws in force in the United Kingdom and or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

14. INTELLECTUAL PROPERTY RIGHTS

14.1. This Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.

14.2. In accessing the Website you agree that, other than in the event you wish to buy our product, you will access the contents solely for your personal, non-commercial use.

14.3. None of the content may (except for downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only) be:

14.3.1. downloaded,

14.3.2. copied,

14.3.3. reproduced,

14.3.4. transmitted,

14.3.5. stored,

14.3.6. sold,

14.3.7. or distributed

without the prior written consent of the copyright holder.

14.4. We do not claim ownership of any materials (including information and data other than personal information) you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such materials which are not personal information for as long as you elect to leave the information or data on this Website. The licence shall be terminated when such materials are removed from the Website.

15. INDEMNITY

You agree to indemnify and hold us and our employees and agents harmless from and against any breach by you of these Terms and any claim or demand brought against us by any third party arising out of your use (or abuse) of this Website or any part of it including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms.

16. DISCLAIMERS AND LIMITATION OF LIABILITY

16.1. If you decide to use this Website to buy product from us you are required to read and accept the terms regulating the transaction between you and Illustrated People Limited before you can start the process. Otherwise use of the Website itself is at your own risk. This Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind.

16.2. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, business opportunity, data, profits or other economic loss) arising out of or in connection with the use of the Website or any of our services accessible thereonfrom time to time.

16.3. We make no warranty that the Website will meet your requirements, that the information or data carried thereon will be accurate or reliable at any particular time that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

16.4. Nothing in these Terms shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligent act or omission of or that of its employees or agents, or for any fraudulent misrepresentation.

16.5. Nothing in these Terms shall affect the statutory rights of a consumer resident in the European Union.

17. YOUR ACTIVITY

17.1. You use this Website at your sole risk. You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on this Website. We reserve the right to deny you access to this Website, or any part of this Website, at any time without notice.
17.2. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Website on a temporary or permanent basis and any decision to do so is final.

18. INDEMNIFICATION

18.1. At our request, you agree fully to defend, indemnify and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you or any other liabilities arising out of your use of this Website or the use by any other persons accessing this Website using your Internet account.

18.2. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

19. OUR RELATIONSHIP

19.1. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of this Website.

19.2. You agree that you may not and will not hold yourself out as a representative, agent, or employee of us, and we shall not be liable for any representation, act, or omission on your part.

20. ENTIRE AGREEMENT

20.1. The Terms constitutes the entire agreement between you and us regarding your use of this Website, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and us in relation to such matters.

20.2. In the event any other rules, code of conduct, or other matter posted on this Website conflicts with the Terms, the Terms of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms.

20.3. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Terms save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Terms.

21. DISCLAIMERS, NO WARRANTY AND LIMITATION OF LIABILITY

21.1. While we will use reasonable endeavors to verify the accuracy of any information it places on the Website, it makes no warranties, whether express or implied in relation to its accuracy.

21.2. This 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 this Website, or any transaction that may be conducted on or through this Website including but not limited to, implied warranties of:

21.2.1. non-infringement,

21.2.2. compatibility,

21.2.3. security,

21.2.4. accuracy,

21.2.5. conditions of completeness, or

21.2.6. any implied warranty

arising from course of dealing or usage or trade.

21.3. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Website and any information provided to or taken from this Website by you.

21.4. You agree that, except for death and personal injury arising from our negligence, We will not be liable in or for:

21.4.1. contract,

21.4.2. tort (including, without limitation, negligence),

21.4.3. pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract,

21.4.4. any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings),

21.4.5. any loss of goodwill or reputation, or

21.4.6. any special or indirect or consequential losses

in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.

21.5. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, business opportunity, data, profits or other economic loss) arising out of or in connection with the use of the Website or any of our services accessible thereon from time to time.

21.6. We make no warranty that the Website will meet your requirements, that the information or data carried thereon will be accurate or reliable at any particular time, that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

21.7. Nothing in these Terms shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligent act or omission or that of our employees or agents, or for any fraudulent misrepresentation.

21.8. Nothing in these Terms shall affect the statutory rights of a consumer resident in the European Union.

22. SEVERANCE

If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

23. GOVERNING LAW

The substantive law regulating the use of this Website is the law of England and Wales and non EU consumers agree to submit to the exclusive jurisdiction of the English courts.