BACKGROUND:

 

This agreement applies as between you, the User of this Website and Yogijis the owner of this Website.  Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 17 – 27 of these Terms and Conditions is deemed to occur upon your first use of the Website.  Clauses 3, 4, and 13 – 16 apply only to the sale of Goods.  If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

 

 

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods”

means any products that Yogijis advertises and/or makes available for sale through this Website;

Service

means collectively any online facilities, tools, services or information that Yogijis makes available through the Website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Premises”

Means Our place(s) of business located at Preneur House

29 Masons Avenue, Harrow, London HA3 5AH

System

means any online communications infrastructure that Yogijis makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by Yogijis and acting in the course of their employment;

“Website”

means the website that you are currently using (www.Yogijis.com) and any sub-domains of this site (e.g. subdomain.Yogijis.co.uk) unless expressly excluded by their own terms and conditions;

“We/Us/Our”

means Yogijis, a company registered in England under 9678908] of 29 Masons Avenue, Harrow, London HA3 5AH.

 

2.            Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3.            Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business. 

 4.            International Customers

If Goods are being ordered from outside the United Kingdom, import duties, taxes and international shipping will be incurred once your Goods reach their destination.  We are not responsible for these charges and We undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering.  Please also be aware that United Kingdom consumer protection laws may not apply.

5.            Intellectual Property

5.1          Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Yogijis, Our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.

5.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

6.            Third Party Intellectual Property

6.1          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7.            Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8.            Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Yogijis or that of Our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9.            Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site Yogijis.com without Our prior permission.  Deep linking (i.e. links to specific pages within the site) requires Our express written permission.  To find out more please contact Us by email at   info@yogijis.com.

10.         Use of Communications Facilities

10.1       When using System on the Website you should do so in accordance with the following rules.  Failure to comply with these rules may result in your Account being suspended or closed:

10.1.1   You must not use obscene or vulgar language;

10.1.2   You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3   You must not submit Content that is intended to promote or incite violence;

10.1.4   It is advised that submissions are made using the English language(s) as We may be unable to respond to inquiries submitted in any other languages;

10.1.5   The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6   You must not impersonate other people, particularly employees and representatives of Yogijis or Our affiliates; and

10.1.7   You must not use Our System for unauthorized mass-communication such as “spam” or “junk mail”.

10.2       You acknowledge that Yogijis reserves the right to monitor any and all communications made to Us or using Our System.

10.3       You acknowledge that Yogijis may retain copies of any and all communications made to Us or using Our System.

10.4       You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

11.         Accounts

11.1       In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:

11.1.1   all information you submit is accurate and truthful;

11.1.2   you have permission to submit Payment Information where permission may be required; and

11.1.3   you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

11.2       It is recommended that you do not share your Account details, particularly your username and password.  We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3       If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorized purchase is dispatched prior to your notifying Us of the unauthorized nature of the purchase, Please contact directly Tel: 07811275522.

11.4       When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

12.         Termination and Cancellation of Accounts

12.1       Either Yogijis or you may terminate your Account.  If We terminate your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

12.2       If We terminate your Account, any current or pending purchases on your Account will not be cancelled and will be dispatched.

12.3       We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4       If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.

12.5       If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.

13.         Goods, Pricing and Availability

13.1       Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions.  This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15 for incorrect Goods, Goods which are not of satisfactory quality, or Goods which are unfit for purpose.

13.2       Where appropriate, you may be required to select the required size model colour number other features of the Goods that you are purchasing.

13.3       We neither represent nor warrant that Goods will be available.  Stock indications are not provided on the Website however such indications may not take into account sales that have taken place during your visit to the Website.

13.4       All pricing information on the Website is correct at the time of going online.  We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.  [All pricing information is reviewed and updated every 30 days.

13.5       In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, pending orders will be full filled if fully paid. Prices on the Website include VAT.  Preneur Ltd/ Yogijis VAT number is 169 968 449.

14.         Orders and Delivery

14.1       No part of this Website constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you an order confirmation email.  Only once We have sent you an order confirmation email will there be a binding contract between Yogijis and you.

14.2       Order confirmations under sub-Clause 14.1 shall contain the following information:

14.2.1   Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

14.2.2   Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

14.2.3   Estimated delivery date(s) and time(s);

14.3       Order confirmations shall also be enclosed on paper with your Goods.

14.4       If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances.  In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

14.5       All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.

14.6       The risk in the Goods shall remain with Us until they come into your physical possession.

15.         Faulty, Damaged or Incorrect Goods

15.1       By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase.  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.

15.2       You will have a reasonable period of time (depending upon the nature of the Goods) following delivery to inspect and reject the Goods.  After this period, or if you use the Goods in a manner that is inconsistent with Our ownership of them (for example, making alterations or otherwise customizing the Goods), or if you tell Us that you have accepted the Goods, you will be deemed to have accepted the Goods.  Before accepting the Goods you will be entitled to reject them and receive a full refund (or a repair or replacement if you prefer it) if the Goods are are not of satisfactory quality, unfit for purpose, or do not match their description.  Please note that if you request that the Goods be repaired before you have accepted them, you will not be deemed to have accepted them by virtue of requesting a repair.

15.3       If you have accepted the Goods, as described in sub-Clause 15.2, you may no longer be entitled to a full refund in which case you may request a repair or replacement.  If a repair or replacement is not possible, would impose a significant burden on Us, or could not be performed within a reasonable time and without significant inconvenience to you, you may opt either to keep the Goods at a reduced price, or to cancel the contract and receive a refund.  Please note that such refunds may be reduced to take account of any use you have had of the Goods since they were delivered to you.

15.4       If you are rejecting the Goods and claiming a full refund under sub-Clause 15.2 you must prove to Us that the Goods were not of satisfactory quality, unfit for purpose, or did not match their description when you received them.  If you have accepted the Goods and are instead seeking a repair or replacement under sub-Clause 15.3 within six months of receipt, it will be assumed that the problem existed at the time of delivery unless Our subsequent assessment of the Goods proves otherwise.  If you are seeking a repair or replacement under sub-Clause 15.3 after six months following receipt, please note that you must prove to Us that the problem existed at the time of delivery.  Please note that your right to make a claim under this Clause 15 lasts for up to six years after the date of delivery.  Please contact your local Citizens’ Advice Bureau or Trading Standards Office for more information.

15.5       Please note that you will not be eligible to claim under this Clause 15 if We informed you of any faults, damage or other problems with the Goods before your purchase of the them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 15 merely because you have changed your mind.  If you are a consumer in the European Union you have a statutory right to a 14 day cooling off period within which you can return Goods for this reason.  Please refer to Clause 16 for more details.

15.6       To return Goods to Us for any reason under this Clause 15, please contact Us to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 15 and will reimburse you where appropriate.

 

15.7       Any and all refunds issued under this Clause 15 will include all delivery costs paid by you when the Goods were originally purchased.

15.8       For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.