terms & conditions
Avacati UK Terms and Conditions
A. Welcome to the Avacati website. The terms and conditions set out here govern our relationship with you and apply to your use of our website. By using our website, you agree to be bound by the legally binding terms and conditions set out below. If you do not wish or agree to be legally bound by them then please do not access or use the Avacati website. You should print a copy of these Terms & Conditions for your future reference.
B. We reserve the right to change these Terms & Conditions at any time and any changes will be posted online on our website. Your continued use of the website after any such changes are posted shall signify your agreement to and acceptance of any such changes. If you at any time have any questions relating to our Terms & Conditions then please call or email us: 023 80 544 660, firstname.lastname@example.org.
C. When you register as a user of our website you are warranting to us as follows;
That all personal information provided by you is true, accurate and complete in all respects and that it is up to date; and
You will immediately notify us of any changes to such personal information previously provided; and
You will not misrepresent yourself as anyone else or utilise the name of any third party or parties that you are not authorised to use. Similarly, you will not use any credit or debit card or cards or any other means of payment that does not belong to you or that you are not authorised to use.
D. We provide you and other customers with access to our website strictly in accordance with these Terms & Conditions and any order placed by you is deemed to be placed strictly in accordance with these Terms & Conditions. We may at any time vary, modify, suspend (either temporarily or permanently) any part or all of the website without notice and you agree and confirm that we shall not have any liability to you or any third party or parties as a result of such variation, modification and /or suspension of the website.
A. When you place an order online through our website you are representing and warranting to us;
You are at least 18 years of age; and
You have capacity to enter into a legally binding contract.
B. When you place an order online you will receive an email from us confirming receipt of your order. This does not mean that we have accepted your order. Your order constitutes your offer to us to buy a product or products from us. All and every order placed by our customers online is subject to acceptance by us. Such acceptance will be given by us sending you an email that we have accepted your order by dispatching the ordered goods to you. The contract between us is made only at the time we send you an email confirming dispatch and up until that time we reserve the right not to fulfil any or all orders placed by you. In the event we are unable to dispatch all the products you have ordered the contract between us will relate solely to those products we dispatch or which we have confirmed we have dispatched.
C. We may decide not to accept your order for a variety of reasons amongst which may be the following;
Non availability of product from stock
You not being able to fulfil the criteria set out in these Terms & Conditions.
Our being unable to obtain appropriate authorisation for your payment.
A pricing or identification error of the product or products.
D. As a consumer you have the right to cancel a contract to purchase product(s) at any time within 14 days from the day the product(s) is or are delivered to you. In the event you choose to do so you will receive a full refund of the price paid for the product(s) in accordance with our refund policy. In order to cancel a contract you must notify us in writing (which shall include email) of your intention to do so and return the product(s) to us immediately. We expect product(s) to be returned to us in the same condition as when they were dispatched to you. This provision does not affect your statutory rights.
3. Product Description
A. We make every effort to ensure that the information on our website relating to our products is accurate in all respects and up to date. We regularly update our website but it is possible that the information appearing on our website from time to time may not reflect the position at the precise time you place an order. We will confirm the price of the product(s) in the email we send you to confirm dispatch of the product(s).
B. We take great care with reproducing the exact colour of products. The limitations of colour representation and the individual colour settings of your PC screen may mean a slight variation to the colour of the product. We take every care to ensure accurate descriptions of product and colour but specifications vary and product and/or colour may vary from that shown on our website.
4. Pricing and Payment
A. Save for obvious error our website will display the price of all our products. The price shown on our website excludes the cost of delivery which will be added to the amount due from you when you complete the transaction. Our prices may vary from time to time but any changes will not affect orders which we have accepted and where we have sent you an email confirmation.
B. We at Avacati strive to make shopping on our website as safe and secure as possible. We cannot and will not be responsible for fraudulent use on our website of a lost and/or stolen credit or debit card. We will of course assist your credit/debit card company where we are able to do so once any fraud has been reported.
A. Once we have received and accepted your order and received full payment our aim is to deliver, for UK orders, within 3 working days. All orders are of course subject to stock availability. Each item ordered is an individual order although we will where possible consolidate multiple orders into one shipment. We may for stock and packaging requirements need to ship products to you in multiple packages and at different times.
B. We will use a third party or parties to deliver the product(s) to you. This may be through the postal system or via a courier company. We cannot and will not be responsible for the third party failing to deliver the product(s) to you. In the event that the third party requires you to sign to acknowledge receipt of delivery we are entitled to rely on any signature that may be given by you or any other person at the address the delivery is made to. In the event you direct the party making the delivery to leave the parcel without you signing for it then we cannot and will not be responsible if the delivery fails to reach you as a result of theft or for any other reason.
A. Products may be returned to us for a full refund, replacement or exchange within 14 days from the date of dispatch. For full details, please click here.
B. If you return a product to us because you have exercised your right to cancel the contract within the 14 day period, referred to in condition 2 D above, we will process your refund as soon as possible. And in any event within 28 days of the date we received your notice of cancellation. If your notice is received on a weekend or a public holiday the 28 day period shall start to run from the first working day thereafter.
C. If you are returning the product to us for any other reason such as claiming the product is defective, we will examine the product and if we decide a refund is appropriate, we shall notify you thereof within a reasonable period of time and in any event within 28 days of our notifying you that you are entitled to a refund. In the event that we do not agree the product is defective we shall return it to you stating the reasons for our decision.
D. We will normally make any refunds using the same method of payment used by you when you placed your order.
8. Website use and links to third parties
A. You agree not to adapt, alter or create a derivative work from any of the material contained in our website or use it for any purpose other than your personal non-commercial use. You agree you will only use our website for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any other person or persons and the transmission of obscene or offensive content or cause disruption to the normal flow of dialogue on our website. Avacati accepts no liability for damage and/or loss howsoever arising from the use of our website.
B. We may provide links to third party websites and if we do these are solely for your convenience. Utilising these links will take you away from the Avacati website. We have no control over these third party websites and therefore cannot and will not accept any liability for damage and/or loss howsoever arising therefrom. Any use by you of third part websites is entirely at your own risk.
9. Promotions, Discounts, Multi Buy Offers, Prize Draws
A. You may not exchange money off vouchers or voucher codes for cash and they may only be used for one transaction. Corporate cards, money off vouchers and/or voucher codes cannot be used in conjunction with any other voucher, voucher code or offer.
B. Where we offer discounts or promotional discounts on our website then these are valid only for use for purchases made on our website and may not be used in conjunction with any other voucher, voucher code or corporate card. Any vouchers or voucher codes are for use on the website only and may not be redeemed in any of our stores. Where you return a product purchased with a money off voucher you will be refunded the price of that item paid by you after applying the money off voucher or voucher code or any other promotional discount applied when you purchased the product.
C. We may from time to time operate prize draws. When we do they will be governed by the terms & conditions that we will publish at the time.
D. Where we offer multi buy offers these will only apply to those products which are clearly displayed as such.
10. Our Liability to you
A. We strive to ensure that any product you purchase from us through our website is of good quality and fit for the purpose for which it is intended. We do not accept responsibility if you do not follow the very specific care instructions that we include, where appropriate, with the product or on the product or within its packaging.
B. In the event of you suffering any loss as a result of any breach by us of your purchase agreement then you agree the maximum extent of our liability is limited to the total purchase price of the product purchased by you under the said purchase agreement. This does not in any way limit our liability in the event of;
Death or personal injury if caused by our negligence, or
Pursuant to section 2(3) of the Consumer Protection Act 1987, or
Fraud or fraudulent misrepresentation, or
An event occurring where it would not be legal for us to exclude or limit our liability or attempt to do the same.
C. Under no circumstances will Avacati be liable for any of the following losses or damage (whether such losses are foreseen, foreseeable, known or otherwise);
Loss of data,
Loss of income, revenue, profits or anticipated profits,
Loss of business or anticipated business,
Loss of opportunity,
Loss of goodwill or injury to reputation,
Losses suffered by third parties, or
Any indirect, consequential, special or exemplary damages arising from the use of this website regardless of the form of action.
D. We do not warrant that any or all of the functions contained in this website will be uninterrupted or error free, that any defects will be corrected, or that www.avacati.com or the server or servers that make it available are now or in the future will be free from viruses and/or bugs.
11. Force Majeure
A. Force majeure means an event occurring which is outside our control and which creates a delay in our ability to fulfil our part of the contract. It may include a variety of events such as strikes, lock-outs, industrial action, disruption to the transport system, war and many other possible events which restrict or prevent our ability to complete our part of the contract.
B. If a force majeure event occurs the contract between us shall be suspended for a period exactly equivalent to the force majeure event to allow us to fulfil our contractual obligations. If we are able to overcome the force majeure event prior to its expiry we will endeavour to do so but we shall not be obliged to go to any additional expense in order to do so. If the force majeure event prevents us from fulfilling the contract we shall notify you and unless prevented from doing so shall refund your purchase monies.
12. Intellectual Property and Copyright
All rights, including copyright, in this website and its contents (as may be amended, varied and updated from time to time) are owned by Avacati Limited. In accessing this website you agree that you will access the contents solely for your own private use and not for any commercial or public use, distribution or publication. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or otherwise use this website content in any way except for your own personal, non-commercial use. Any other use of this website and any of its contents requires the express prior written permission of Avacati Limited signed by an officer of the Company. You agree to use this website in a lawful manner and for a lawful purpose in conducting any transactions through it.
A. You may serve any requisite notices on us by emailing email@example.com. You agree we may serve notices upon you either in writing to your address or by email to the email address supplied to us (together with your address) when placing your order. Any notice served by email shall be deemed to be delivered on the next working day after transmission and with notices sent by post three working days after the date of posting. It shall be sufficient for the appropriate party to prove, in the case of a letter, that it was properly addressed, stamped and posted and in the case of an email that it was sent to the email address specified by the addressee.
B. The contract created between us pursuant to these terms & conditions is personal to you and may not be assigned or transferred to any third party. We may assign or transfer our obligations thereunder to a third party at any time but if we do we shall give you notice we have done so.
C. If at any time any one of these terms shall be held to be unlawful, unenforceable or void then such term (or terms as the case may be) shall be deemed to be deleted from these terms and conditions and shall not in any way affect the validity and/or enforceability of the remaining provisions these terms & conditions or any of them.
D. These terms & conditions represent the entire agreement between us. If any duly authorised representative or agent of ours makes any statement or representation that is in variance with the terms hereof you must request the same in writing. In the absence of any written proof of variation these terms & conditions shall prevail. In the event we waive any of these terms & conditions that shall not be construed as a waiver of any other of these terms & conditions.
E. We reserve the right, from time to time, to revise, amend and vary these terms & conditions. In the event we do so we shall publish such changes on our website. Any orders placed by you after we publish such changes shall be deemed to be subject to such changed terms and the contract between us shall be construed accordingly.
F. These terms & conditions and any contract created between us pursuant hereto shall be governed by and construed in accordance with the laws of England. Both you and we irrevocably submit to the exclusive jurisdiction of the English Courts in relation to any dispute or claim howsoever arising from these terms & conditions and any contract entered into between us.