| TERMS & CONDITIONS |
1. YVAILO is the trading name of YVAILO Ltd., a company registered in England and Wales under 08192591, and whose registered office is: 195 Alexandra Gardens, Knaphill, United Kingdom, GU21 2DW.
2. These terms and conditions (T&C) regulate the relationship between YVAILO Ltd. (Yvailo) and the Buyer and/or User of the Site. In accessing the Yvailo site, the User accepts to be bound by these T&C. Yvailo therefore advises that all Users read these T&C carefully and save or print a copy for future reference.
3. Yvailo reserves the right to make amendments to the T&C from time to time at their sole discretion and without prior warning. Users are therefore advised to return to view the T&C on a regular basis, and in the event that a User does not agree to any change to the T&C, they must immediately cease accessing the Site. Any amendments made to these T&C after the Buyer has placed an Order which has been confirmed by Yvailo will not affect that Order, with the exception of amendments Yvailo are required to make by law.
4. In these T&C, the following words have the following meanings: Buyer means the User who has placed an Order in accordance with the section headed 'Orders'. Contract means the contract for sale of Goods concluded between Yvailo and the Buyer, concluded when an email is sent by Yvailo stating that the Goods have been dispatched. Eligible means 18 years of age or over. Goods means the items offered for sale and sold by Yvailo on the Website. Information has the meaning assigned to it at clause 8. Intellectual Property means any patent, copyright, registered design, unregistered design, trade mark, or other industrial or intellectual property right in respect of the Goods or otherwise and owned or used by Yvailo in connection with its business or the Site. Order means an order placed on the Site by the Buyer. This order is an offer to enter into a contract with Yvailo. Order Dispatch Confirmation refers to the email sent by Yvailo to the Buyer accepting their offer to purchase the Goods, and confirming that the Goods have been dispatched. Payment Card has the meaning assigned to it at clause 29. Site or Website means www.yvailo.com. User means all visitors to the Site. Working Day means Monday to Friday, excluding bank holidays in England & Wales.
5. The headings in these T&C are for convenience only and should not affect their interpretation.
6. Any reference in these T&C to the feminine includes the masculine if the context allows.
7. These T&C and any policies referred to in these T&C do not affect the statutory rights of Users.
8. When placing an Order for the first time a User may need to provide their name, postal address, email address, telephone number, age and gender (Information).
9. In registering, the User warrants that the Information is true and accurate in all respects, that the User is the person identified by the Information, that the User is Eligible to buy from the Site.
10. The User accepts full responsibility for ensuring that the account password provided is unique and kept strictly confidential, and agrees to notify Yvailo immediately if the User suspects any breach of security or unauthorised use of their account. Without prejudice to other rights and remedies which Yvailo may seek to rely upon under these T&C, Yvailo reserves the right to suspend a User's access to the Site if Yvailo reasonably believes that such action is necessary for safeguarding the Site.
11. By entering payment details, the User represents and warrants that such details are complete and correct and that the billing address and the name correspond to the Information the Buyer has provided.
12. The User agrees to notify Yvailo as soon as reasonably possible of any changes to the Information by updating their account details on the Site.
14. All information on the Site is an invitation to treat only and not an offer to enter into a contract. All Orders are subject to acceptance by Yvailo and subject to the Goods being available and payment being authorised.
15. Yvailo may refuse an Order at its sole discretion.
16. If the User's prolonged inactivity causes connection to the Site to fail, their selection of Goods may be lost and the Buyer may be required to re-enter their selection. Yvailo cannot be held responsible if the selected Goods subsequently increase in price or are no longer available. Items in the prospective Buyer's shopping basket are not reserved and may be purchased by other Users.
17. Once a prospective Buyer has made their selection and placed an Order, the Buyer will receive an email acknowledging that Yvailo has received the Order and confirming the details of the Order and Order number. This first email is not an acceptance of the Order.
18. Yvailo will send the Buyer a second email stating that the Order has been accepted and the Goods have been dispatched. This is an acceptance of the Order placed and therefore concludes the contract between Yvailo and the Buyer (Contract). This second email is also referred to in these T&C as the Order Dispatch Confirmation.
19. Until the Buyer has received the Order Dispatch Confirmation, the Buyer can cancel the Order by sending an email to email@example.com.
20. Yvailo reserves the right to restrict purchases of multiple quantities of Goods by a single Buyer and may restrict multiple quantities of Goods being dispatched to a single delivery address.
21. Yvailo reserves the right to refuse Orders where the corresponding delivery address is a PO Box address or that of an entity or individual providing freight forwarding services.
22. Prices are displayed in Euros.
23. Prices may be modified from time to time and without notice, but such changes will not apply to Goods in respect of which the Buyer has received an Order Confirmation.
24. VAT and any other applicable sales tax are inclusive in the price stated at the applicable current rate chargeable for the time being (where customer is eligible to pay/relevant to region). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
25. Prices displayed do not include the cost of delivery to the Buyer and any relevant import duties and tax for international orders.
26. Yvailo endeavours to ensure that all pricing information on the Site is accurate. However, if prices displayed on the Site are incorrect, Yvailo shall not be obliged to sell the Goods at the incorrect price. If we discover an error in the price of the Goods you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing.
27. Prices for the Goods are set against applicable currency exchange rates at the beginning of each fashion season, but may be subject to fluctuation. Any changes to the applicable exchange rate may affect the price of Goods subject to discount but shall not affect Orders which have already been placed.
28. Yvailo will accept payments by American Express, Diners Club, JCB, Maestro, MasterCard, Visa, Visa Electron and PayPal (Payment Card).
29. By using a Payment Card, the Buyer is warranting that the card is theirs or that the Buyer has been specifically authorised by its owner to use it.
30. Yvailo will request validation and authorisation checks by the issuer of the Payment Card. These checks are carried out before the Contract with the Buyer is concluded. If the Payment Card issuer refuses to authorise payment, Yvailo will reject the Order without any liability towards the Buyer.
31. Yvailo is not responsible for any amounts charged by Payment Card issuers in connection with the processing of payment. If the Buyer's Payment Card is denominated in a different currency to the price displayed on the Site, the final price may be charged in the currency of the Payment Card. In this case, the final price is calculated by the Payment Card issuer and Yvailo shall not be responsible for any resulting costs incurred by the Buyer.
32. Payment for Goods is taken by Yvailo once the Contract has been concluded (the Contract is concluded when the Buyer receives an email stating that the Goods have been dispatched, also referred to as the Order Dispatch Confirmation).
33. Yvailo takes care to ensure payments are safe and secure by using online payment gateway Stripe and using Secure Socket Layer (SSL) technology.
34. Yvailo agrees to take reasonable care to ensure that information relating to Orders and payment is kept secure. However, the Buyer shall not hold Yvailo responsible for any loss suffered as a result of a third party gaining unauthorised access to data where this is beyond the reasonable control of Yvailo.
35. Yvailo aim to dispatch all Orders for Goods within 72 hours of receiving an Order. However, this is for indication purposes only. Orders received after 2.00pm or Orders received on a day which is not a Working Day will be processed on the next Working Day.
36. Yvailo expects that the Buyer will receive the Goods within the relevant estimated delivery time from the Goods being dispatched. However, this is for indication purposes only, and Yvailo is not responsible for delays caused by elements beyond its reasonable control, including but not limited to delays caused by carriers or customs.
37. Please see Shipping Destinations, Costs and Delivery Times for more information.
38. Yvailo insures the Goods up to delivery to the address specified by the Buyer.
39. Once the Buyer (or the recipient of the Goods specified by the Buyer) signs to acknowledge receipt, all risks and responsibility for the Goods passes to the Buyer.
40. The Buyer is responsible for ensuring that the delivery address provided is correct and complete. Yvailo shall not be liable for unsuccessful delivery attempts resulting from the Buyer having provided inaccurate or incomplete information.
41. Where the Buyer makes an Order for multiple Goods ('multiple' meaning more than one), Yvailo shall endeavour to deliver the Order in one conveyance, unless the Buyer has requested otherwise. However, fYvailo shall be entitled to deliver the Goods in more than one conveyance if reasonably necessary, in which case each delivery shall be viewed as a separate Contract. Where the Buyer has expressly requested that an Order be delivered in more than one conveyance, the applicable delivery charges shall be the cost of shipping to the most expensive destination.
Returns Policy Online:
42. If the Buyer is not completely satisfied with the purchase, the Buyer must notify the customer care team within within 14 days from the day after the date of receipt of the Goods of intent to return the goods. Alternatively, if the Buyer decides within 14 days of placing an Order that they no longer wish to proceed with the purchase, the Buyer may cancel the order in accordance with clause 46 below. Standard returns policy applies to Sale goods.
43. In order to return Goods purchased on the Site, the Buyer must notify Yvailo by sending an email to firstname.lastname@example.org within 14 days from the day after the day the goods are received. The Buyer must return the Goods, invoice within 14 days of notifying Yvailo of intent to return.
44. Upon receipt by Yvailo of the returned Goods, a full refund will be issued to the original method of payment whereby a refund has been requested. Yvailo aims to process returns within 14 working days of receipt, but the date on which the funds are received in the Buyer's account will depend on the issuing bank. Basic delivery charges will only be refunded where an entire Order has been returned.
45. All Goods returned to Yvailo must be undamaged and in saleable condition (unused), with their original packaging and with garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. Yvailo strongly advises the Buyer to check the Goods thoroughly upon delivery before removing any tags or disposing of packaging.
46. This policy does not affect the statutory rights of the Buyer, in particular under the Sale of Goods Act 1979, the Consumer Rights Act 2015 (as amended) and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. For further information, the Buyer is advised to contact their local Trading Standards Office or Citizens Advice Bureau.
47. Under the terms of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, the Buyer is legally entitled to cancel the Order by giving written notice to Yvailo within 14 Days of receipt of the Goods. In respect of cancellations, the Buyer returns the Goods at their own cost and accepts full responsibility for the Goods until they are received by Yvailo. Yvailo will issue a full refund, including the cost of shipping the Goods out to the Buyer, within 30 days of receipt of the notice of cancellation.
48. In the unlikely event that Goods purchased on the Site are faulty, the Buyer may, at their option, request that the Goods be repaired or replaced at no extra cost. If no replacement item is available, Yvailo will refund the Buyer in full within 30 days, including the delivery charges.
49. Yvailo will not issue a replacement or refund if the Goods have been altered or repaired in anyway by anyone other than Yvailo.
50. 'Faulty Goods' excludes Goods which are damaged as a result of normal wear and tear.
51. Faulty Goods may need to be forwarded for examination to Yvailo's production department prior to any refund, repair or replacement being made. Proof of purchase must be provided.
52. Yvailo endeavours to display as accurately as possible the colours of the Goods displayed on the Site. However, as manufacturing processes and computer monitors vary, Yvailo cannot guarantee that the User's monitor will display the colours, fabrics and designs of the Goods with complete accuracy and Goods delivered to the Buyer may differ in appearance in minor respects.
53. The User shall not alter, remove, reproduce or redistribute any of the IP.
54. The User must not, in relation to the Site, use any of the following: data mining, robots, or similar data gathering and extraction tools; framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats used on the Site meta tags or any other "hidden text" which uses names or trademarks owned by Yvailo.
55. Using the Site does not give the User permission to link to the Site or to use any of the trade marks, designs, get-up and/or logos contained within it.
56. Yvailo is the proprietor of the Yvailo trade name, trade mark and get-up. In using the Site, the User agrees that all copyrights, trademarks, brand names, product names, titles, text, graphics, designs, logos, button icons, images, data compilations and software used in the Site and all content shall remain vested in Yvailo or the respective rights holders.
57. The User is permitted to use this material only as expressly authorised by Yvailo or the respective rights holders. No permission is given in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
58. Subject to the terms herein, Yvailo grants to the User a revocable and non-exclusive licence to access and make acceptable use of the Site.
59. The following does not constitute acceptable use: a) Use of the Site in a way which may prejudice or damage the reputation of Yvailo b) Use of the Site for commercial or business purposes c) Modification, disassembly, transfer, sale, distribution, publication, reproduction or licensing of any Content, software, products, or services contained within the Site. d) Denial of service attacks e) Attempts to gain unauthorised access to the Site or its systems f) Unauthorised linking of any part of the Site with other sites g) Use that is likely to damage, impair, disable or impose an unreasonable burden on the Site.
60. Yvailo reserves the right to suspend a User's access to the Site if Yvailo suspects that the User is making unauthorised use of their account or of the Site.
62. The Site may include links to third party sites or content. Yvailo has no control over any external content and shall not be held responsible for any damage caused to a User as a result of their accessing external content.
63. Yvailo endeavours to ensure that information displayed on the Site is accurate and complete, but does not warrant that such information is accurate and/or error free.
64. Yvailo does not warrant that the Site, its content, or the server that makes it available are free of viruses, malicious code or other potentially harmful components. Yvailo recommends that all Users have up to date virus checking software installed.
65. Yvailo will take reasonable care to ensure that any Information relating to the User is kept secure. However, in the absence of any negligence on Yvailo's part, Yvailo cannot be held liable for any loss a User may suffer if a third party obtains unauthorised access to such data.
66. Yvailo shall not be held responsible for any indirect, consequential, or economic loss, such as but not limited to loss of profits, loss of opportunity, loss of goodwill or reputation, and loss or corruption of data. In any event, the total aggregate liability of Yvailo arising in relation to these T&C shall not exceed 100% of the total Order value, whether arising under contract, tort, breach of statutory duty or otherwise.
67. Nothing in these T&C limits or excludes liability for i) death or personal injury caused by negligence, ii) fraudulent misrepresentation, iii) claims arising under section 2(3) of the Consumer Protection Act 1987, iv) any other liability which cannot be limited or excluded by applicable law.
68. Yvailo will not be liable to the Buyer for failure to perform any obligation under the Contract to the extent that the failure is caused by a factor beyond Yvailo's reasonable control.
69. Yvailo shall not be in breach of this Contract if performance is prevented or delayed in whole or in part by reason of acts of God, or the consequences thereof, including, but without prejudice to the generality of the foregoing, by reason of fire, flood, cyclone, hurricane, earthquake, riots, war, hostilities, governmental restrictions (whether of the United Kingdom or of other country), trade embargoes, strikes, lockouts, labour disputes of any kind, boycotting of goods, unavailability of transport or of loading facilities, wrecks, delays or damages in transport or any causes whatsoever and howsoever arising of a nature beyond Yvailo's control.
70. If performance of a Contract is prevented or delayed in whole or in part by reasons of any of the foregoing, Yvailo shall have the option: a. either to perform the Contract (or the unfulfilled part hereof as the case may be) within such time from the removal of the cause preventing or delaying performance as in all circumstances reasonable; b. or to rescind the Contract; and in either case to notify the Buyer in writing.
71. The Contract and these T&C together constitute the entire agreement between Yvailo and the Buyer.
72. Failure to enforce any or all of these T&C shall not constitute a waiver.
73. The various provisions of this agreement are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions of this agreement.
74. A User may not assign, sub-contract or otherwise transfer any of their rights or obligations under these T&C without the prior written consent of Yvailo. Yvailo reserves the right to assign any claims for payment that are due and have arisen in connection with delivery of the Goods to third parties.
75. The Contract is concluded in London, England and the language of the contract is English.
76. The Contract is governed by and construed and enforced in accordance with the law of England and Wales. Yvailo and the Buyer each irrevocably submit to the non-exclusive jurisdiction of the English Courts.