These Terms will apply to any contract between Us for the sale of Products to you (a “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from Our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from Our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were last amended on 15 August 2016.
These Terms, and any Contract between Us, are only in the English language.
1. INFORMATION ABOUT US.
1.1 We operate the website www.liveinnermost.com (the “Website”). We are XXIV Limited (“We” or “Us”), a limited company registered in England and Wales under company number 09632542 and with our registered office at International House, 64 Nile Street, Shoreditch, London, N1 7SR.
1.2 Contacting Us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so, you need to let Us know that you have decided to cancel. The easiest way to do this is to e-mail Us at firstname.lastname@example.org. If you are emailing Us or writing to Us please include details of your order to help Us to identify it.
(b) If you wish to contact Us for any other reason, including because you have any complaints, you can contact Us by e-mailing Us at email@example.com.
(c) If We have to contact you or give you notice in writing, We will do so by e-mail or by pre-paid post to the address you provide to Us in your order.
2. OUR PRODUCTS
2.1 The images of the Products on Our Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although We have made every effort to be as accurate as possible, all sizes, Weights, capacities, dimensions and measurements indicated on Our Site have a % tolerance.
2.3 The packaging of the Products may vary from that shown on images on Our Site.
3. USE OF OUR SITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide you through the steps you need to take to place an order with Us. Our order process allows you to check and amend any errors before submitting your order to Us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from Us acknowledging that We have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been ordered/dispatched (“Order Confirmation”). The Contract between Us will only be formed when We send you the Order Confirmation.
5.4 If We are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because We cannot meet your requested delivery date or because of an error in the price on Our Site, We will inform you of this by e-mail and We will not process your order. If you have already paid for the Products, We will refund you the full amount including any delivery costs charged as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from Us, the Terms in force at the time of your order will apply to the Contract between you and Us.
6.3 If We have to revise these Terms as they apply to your order, We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and We will arrange a full refund of the price you have paid.
7.1 We will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. Any delivery or shipment dates given by Us are best estimates only and We shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by Us.
7.2 If no one is available at your address to take delivery, We may leave you a note that the Products have been returned to our premises, in which case, please contact Us to rearrange delivery.
7.3 We are unable to change the delivery address of an order due to security reasons.
7.4. Title to and risk of loss in your Products will pass to you on delivery of the Products.
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 The prices of the Products will be as quoted on Our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
8.3 For UK or EU customers who purchase products in GBP or EUR, the price of a Product includes VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, We will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. VAT is not applied or charged on Products that are made available to customers outside the EU. Local taxes and VAT may be applicable to those products depending on local customs rules and these charges may need to be paid locally by the customer.
8.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.
8.5 Our Site contains a number of Products. It is always possible that, despite our best efforts, some of the Products on Our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on Our Site, We will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on Our Site, We will contact you [in writing] as soon as possible to inform you of this error and We will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until We have your instructions. If We are unable to contact you Using the contact details you provided during the order process, We will treat the order as cancelled and notify you in writing.
9. HOW TO PAY
9.1 You can only pay for Products using the methods of payment as may be displayed on the website at check-out.
9.2 Payment for the Products and all applicable delivery charges is in advance.
10. DISCLAIMER OR WARRANTIES; LIMITATION OF LIABILITY
10.1 These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products
10.2 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, secure, timely or error-free.
10.3 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
10.4 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
10.5 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
10.6 In no case shall XXIV Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
10.7 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
10.8 Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for your purposes.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” is defined below in clause 13.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
12. VOUCHER CODES
12.1. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
12.2. The conditions of use relating to any discount code will be specified at the time of issued. However, these T&Cs relate to all INNERMOST promotions, competitions and discount codes (unless otherwise stated).
– Only one promotion code can be used per order.
– Bundles are excluded from all discount or promotional codes as these already retail at a discounted price.
– The free shipping offer is not available on an order where a promotional code has been used.
– A promotion code can’t be used after an order has been placed.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 This Contract is between you and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.5 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims). This means a Contract for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitely excluded.
14. PROHIBITED USES
14.1 You may use Our Site only for lawful purposes. You may not use Our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
14.2 You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of our terms of Website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of Our Site;
- any equipment or network on which Our Site is stored;
- any software used in the provision of Our Site; or
- any equipment or network or software owned or used by any third party.
16. ENTIRE AGREEMENT
15.1. Collection; Redemption
Points can be earned by Program Members ("Members") in connection with purchases of goods and/or services made through the Company (whether online and/or from physical locations) as set forth on the Explainer Page, regardless of method of payment, provided that the Membership Number is presented/entered at the time of purchase. Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the website. The redemption schedule, available rewards and other information is available on the website. A Member must provide his/her Membership Number when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilised points will be forfeited.
Points have no cash value and are not exchangeable for cash. The accumulation of points does not entitle Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed.
Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.
15.4. Return/Exchange Policy
In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Membership Number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned. Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.
From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.