WEBSITE TERMS

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OVERVIEW

This website is operated by TONIC15 LTD. Throughout the site, the terms “we”, “us” and “our” refers to TONIC15 LTD herein after referred to as TONIC15.

 

These Website Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms together with any special warnings or instructions for access or use posted on the website. If you do not agree to all of these Terms , then you may not access the website.

 

Any new features or tools which are added to the current website shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you (“Products”). We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely.

 

Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms (including our Privacy and Cookies Policy), you shall be liable for all the losses and damages that this may cause to us or our affiliates, partners or licensors.

 

Important Liability Statement

The information available on or through our website, and the Products supplied via our website, is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you.

Where the website or any submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

We try to make sure that all information contained on the website (and provided by us to you) is correct, but the information is often of a general nature and not intended to comprise all the information relating to the subject matters referred to by the website and therefore we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on our website.

Our liability to you in connection with any Product purchased through the website is strictly limited to the purchase price of that Product.

SECTION 1 - ONLINE STORE TERMS

 

You may only purchase Products from our site if you are at least 18 years old.

 

 

You may not use our Products for any illegal or unauthorized purpose. and you agree to comply with all applicable laws.

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

 

SECTION 2 - GENERAL CONDITIONS

 

All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of us or our affiliates, partners or licensors, and is protected by copyright laws. The trade marks, logos, and service marks displayed on the website (collectively, the “Trade Marks”) are the registered and unregistered marks of us or our affiliates, partners or licensors, and are protected by trade mark laws. All other Trade Marks not owned by us or our affiliates, partners or licensors that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

We reserve the right to refuse to supply Products to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address you specified when you registered.

 

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse access and/or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in our best interests to do so.

 

As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights (which are summarised in general terms below) are not affected by anything else in these Terms or elsewhere on our website.

The Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following: (a) up to 30 days: if your goods are faulty, then you can get an immediate refund; (b) up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases; and (c) after six months (depending on the type of Product): if your goods do not last a reasonable length of time you may be entitled to some money back.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on our website is not accurate, complete or current. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our website is at your own risk.

 

This site may contain certain historical information. Historical information may no longer be valid or relevant and is provided for reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

 

SECTION 4 - MODIFICATIONS TO THE PRODUCTS AND PRICES

 

Prices for our Products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue any Product (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product.

 

SECTION 5 - PRODUCTS

 

Certain Products may be available exclusively online through our website and such Products may have limited quantities.

All of the Products available on our website, and any samples that we may provide to you, are for personal use only. You may not sell or resell any of the Products or samples, you purchase or otherwise receive from us.

We have made every effort to display as accurately as possible the colours and images of our Products however, the images of the Products on our website are for illustrative purposes only and we cannot guarantee that all devices will display the colours in the same way. The packaging of Products may also vary from that shown in images on our website.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.

 

We do not warrant that the quality of any Products, .will meet your expectations.

 

You only own the Product once we have received payment in full.

 

SECTION 6 – CANCELLATIONS AND EXCHANGES

 

As a consumer you have a legal right to cancel your order under the Consumer Contracts Regulations 2013 from the date of confirmation of dispatch (the date on which we email you to confirm our acceptance of your order) until the date which is 14 days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the order and receive a refund.

 

Your right to return Products does not apply to Products: (a) made to your specification; or (b) which have been clearly personalised (such as by being engraved); or (c) which by reason of their nature cannot be returned or (d) are liable to deteriorate or expire rapidly; or (e) where sealed Products have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

 

If you indicate in your cancellation request that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned Products and will be delivered via standard delivery. In these circumstances a new order will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that new Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Product and the original order between us will be cancelled.

 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made via our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

 

 

 

SECTION 8 - THIRD-PARTY LINKS

 

Our website may include links to or from other third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these other websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

 

We are not liable for any harm or damages related to the purchase or use of Products, services, resources, content, or any other transactions made in connection with any third-party websites. Your linking to or from other websites or web pages is at your own risk, so please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

 

You are responsible for ensuring that the personal information which you are required to provide when you register is true, accurate and current in all respects.

 

Your submission of personal information through the website is governed by our Privacy Policy. For more detail, please review our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our website or included with the Product that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website or any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information on our website or on any related website, including without limitation, pricing information, except as required by law.


SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in these Terms, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.

 

You agree that from time to time we may remove  access to our website for indefinite periods of time or cancel the website at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, our website is at your sole risk. All Products delivered to you through the website are provided “as is” 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.

 

In no case shall TONIC15, 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 the website or any Products procured using the website, or for any other claim related in any way to your use of the website 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 website or any content posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


Nothing contained in these Terms affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for defective Products under the Consumer Protection Act 1987, nor any other liability which cannot be excluded or limited under applicable law.

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless TONIC15 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or unauthorised use of the website, the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

SECTION 15 - SEVERABILITY

 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

 

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms t any time by notifying us that you no longer wish to use our website, or when you cease accessing our website.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate your access to our website and Products. This will not affect your obligation to pay for all amounts due up to and including the date of termination.

 

SECTION 17 - ENTIRE AGREEMENT

 

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

These Terms and any policies or operating rules posted by us on our website constitutes the entire agreement and understanding between you and us and govern your use of our website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

 

These Terms are governed by the laws of England and Wales and the parties agree to the exclusive jurisdiction of the English courts. TONIC15 Ltd., 191 Wood Ln, Shepherd's Bush, London W12 7FP.

 

 

SECTION 19 - CONTACT INFORMATION

 

Questions about these Terms should be sent to us at pamper@tonic15.com.