TERMS AND CONDITIONS

 

  1. AGREEMENT TO TERMS

Thank you for visiting www.mariaglezelli.com.

Please read the following information carefully before using the site. The use of and access to the site are governed by these legal Terms and Conditions.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MARIA GLEZELLI (“Company“) concerning your access to and use of the https://www.mariaglezelli.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. If you are under 18, please confer with an adult to make your purchase.

 

  1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

  1. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. you have the legal capacity and you agree to comply with these Terms of Use;
  2. you are not a minor in the jurisdiction in which you reside;
  3. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  4. you will not use the Site for any illegal or unauthorized purpose;
  5. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

OUR CONTRACT WITH YOU

 

  1. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

If you have any doubts about the colour, size or any specification of the Product(s) you wish to order, please contact us prior to placing your order on our website.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

The packaging of the Product(s) may vary from that shown in any images on our website.

If we make any Product(s) to measurements you have given us, you are responsible for ensuring that the measurements are correct.

 

  1. ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is an acceptance of your order completion and the contract between you and Maria Glezelli will be perfected when we dispatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.

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 goods from the site whether or not the goods have been sold; removing, screening or editing any materials or content on the site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

6.YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

 

  1. DELIVERY

Maria Glezelli will ensure your order is sent using reputable carriers. All our packages are sent via a signed & tracked service. Should there be a delay in your order due to unforseen circumstances Maria Glezelli will not be held liable for this delay.

 

8.PROVIDING THE PRODUCTS

During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as reasonably possible after the day on which we accept your order.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

If we end the contract in the situations set out in the clause above we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur or will have incurred as a result of your breaking the contract.

The Product(s) will be your responsibility from the time we deliver the Product(s) to the address you gave us.

We may need certain further information from you so that we can supply the Product(s) to you, for example (but not limited to), size, colour, style. If so, this will have been stated in the description of the Product(s) on our website. We will contact you to ask for this further information. If you do not give us this further information within a reasonable time of us asking for it, or if you give us incomplete or incorrect further information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Product(s) late or not supplying any part of them if this is caused by you not giving us the further information we need within a reasonable time of us asking for it.

 

  1. YOUR RIGHTS TO END THE CONTRACT

9.1 You can always end the contract with us. Your rights to end the contract will depend on why you would like to end the contract, what Product(s) you have purchased, whether there is anything wrong with the Products(s), how we are performing, and when you decide to end the contract:

(a) If you have just changed your mind about the Product(s): Under the Consumer Contracts Regulations 2013, you may have a legal right to change your mind about purchasing the Product(s) and receive a refund.

(b) If what you have purchased is faulty or misdescribed you may have a legal right to end the contract (or to get the Product(s) repaired or replaced or to get some or all of your money back).

(c) If you want to end the contract because of something we have done or have told you we are going to do.

(d) In all other cases (if we are not at fault and there is no right to change your mind).

9.2 Ending the contract because of something we have done or are going to do: If you are ending the contract for a reason set out at (a) to (d) below, the contract will end immediately when you tell us and we will refund you in full for any Product(s) which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the Product(s) or the terms of the contract which you do not agree to;

(b) we have told you about an error in the price or description of the Product(s) you have ordered and you do not wish to proceed;

(c) you have a legal right to end the contract because of something we have done wrong; or

(d) there is a risk that supply of the materials used for our Product(s) may be significantly delayed because of an event outside our control.

9.3 When you cannot cancel because you have changed your mind: You do not have a right to change your mind in respect of:

(a) any Product(s) which have been tailored specifically to your requirements, for example (but not limited to) bespoke orders;

(b) any Product(s) which are made to order;

(c) any Product(s) which are pre-order;

(d) any Product(s) which become mixed inseparably with other items after their delivery.

9.4 When you can cancel because you have changed your mind: Unless clause 9.3 applies, as a consumer you have the legal right to cancel the contract as set out in clause 9.5 below. This means that under this clause (see 9.5), if you change your mind or decide for any other reason that you do not want to receive or keep Product(s), you can notify us of your decision to cancel the contract and receive a refund.

9.5 Exercising your right to change your mind i.e. how long do I have to change my mind? You have from the date you receive the Acceptance Notification until 14 days after the day you (or someone you nominate) receives the Product(s) to change your mind, unless the Product(s) you’ve ordered are split into several deliveries over different days in which case you can change your mind about the Product(s) until 14 days after the day you (or someone you nominate) receives the last delivery of the Product(s).

9.6 Ending the contract where we are not at fault and there is no right to change your mind: Even if we are not at fault and you do not have a right to change your mind you can still end the contract before it is completed, but you may have to pay us compensation. The contract for the Product(s) is completed when the Product(s) is paid for and delivered. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind in accordance with clause 9.5 just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Product(s) not provided, but we may deduct our reasonable costs or costs already incurred in providing the Product(s) to you from that refund (or, if you have not made an advance payment, charge you).

9.7 How to end the contract with us (including if you have changed your mind): To end the contract with us, please let us know by doing one the following:

(a) call our customer service team at on +44 (0)7429210593; or

(b) email us at info@wordpress-508820-1615617.cloudwaysapps.com
Please provide your name, home address, order number and your contact telephone number.

9.8 Returning Product(s) after ending the contract: If you end the contract for any reason after Product(s) have been dispatched to you or you have received them, you must return them to us. Please contact us to inform you about our return address.

If you are exercising your right to change your mind under the clause 9.5 you must send off the Product(s) within 14 days of telling us you wish to end the contract.

9.9 When we will pay the costs of return: We will pay the costs of return if:

(a) the Product(s) are faulty or misdescribed;

(b) you are ending the contract because we have told you of an upcoming change to the Product(s) or these terms, an error in pricing or description, or because you have the legal right to do so as a result of something we have done wrong; or

(c) you are exercising your right to change your mind and you are returning the Product(s) from an address in the UK.
In all other circumstances you must pay the costs of return (if any).

9.10 How we will refund you: We will refund you the price you paid for the Product(s) including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 9.11.

9.11 Deductions from refunds if you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the Product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.12 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us. In all other cases, your refund will be made within 14 days of you telling us that you have changed your mind.

 

  1. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s);

(c) you do not, within a reasonable time, allow us to deliver the Product(s) to you or collect them from us; or

10.2 You must compensate us if you break the contract: If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur or will have incurred as a result of your breaking the contract.

 

  1. IF THERE IS A PROBLEM WITH THE PRODUCT(S)

How to tell us about complaints and / or problems with the Product(s): If you have any questions or complaints about the Product(s), please contact us. You can telephone our customer service team at +44 (0)74 2921 0593 or write to us at info@wordpress-508820-1615617.cloudwaysapps.com

 

  1. PURCHASES AND PAYMENT

We accept Visa, MasterCard, American Express, Maestro credit and debit cards. Payment is debited from your card when we process your order.

All transactions on this website are processed using Square, a secure online payment gateway that encrypts your card details in a secure host environment.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

  1. RETURN POLICY

Please review our Return Policy posted on the website prior to making any purchases.

 

  1. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use the Site to advertise or offer to sell goods and services.
  4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  5. Engage in unauthorized framing of or linking to the Site.
  6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  7. Make improper use of our support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. Attempt to impersonate another user or person or use the username of another user.
  11. Sell or otherwise transfer your profile.
  12. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  17. Delete the copyright or other proprietary rights notice from any Content.
  18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  23. Use the Site in a manner inconsistent with any applicable laws or regulations.

 

  1. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

  1. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

  1. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

 

  1. PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in Greece. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Greece, then through your continued use of the Site, you are transferring your data to Greece, and you expressly consent to have your data transferred to and processed in Greece.

 

  1. TERMS AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and the marketplace offerings (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site and the marketplace offerings or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

 

  1. GOVERNING LAW

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. MARIA GLEZELLI and yourself both agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

 

  1. DISPUTE RESOLUTION

 

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

  1. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

  1. DISCLAIMER

The site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

  1. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

 

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

  1. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

  1. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

MARIA GLEZELLI

Kemp House, 152 – 160 City Road

London, United Kingdom EC1V 2NX

Phone: +44 (0)74 2921 0593

info@wordpress-508820-1615617.cloudwaysapps.com