Eazy Life Ltd E-commerce
Business
Terms and Conditions
BACKGROUND:
This agreement applies as between you, the User of this Website or
Purchaser and Eazy Life Ltd, the owners of this Website. Your agreement
to comply with and be bound by these Terms and Conditions is deemed to
occur upon your first use of the Website. 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. The Purchaser’s order constitutes a
contractual
offer and our acceptance of that offer is deemed to occur upon our
sending a dispatch email to the Purchaser indicating that the order has
been fulfilled and has been dispatched.
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 Eazy Life Ltd advertises and /
or makes
available for sale through this Website; |
| 'Eazy Life Ltd' |
means Eazy Life Ltd, PO Box 204 , Yelverton
PL19 1DF |
| 'Service' |
means collectively any online facilities, tools,
services or
information that Eazy Life Ltd 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; |
| 'Purchaser' |
means any person or business that buys Goods from Eazy
Life Ltd from
this Website; |
| 'Purchase Information' |
means collectively any orders, invoices, dispatch
notes, receipts or
similar that may be in hard copy or electronic form; |
| 'Premises' |
means our place(s) of business located at PO Box 204
Yelverton PL19 1DF |
| 'System' |
means any online communications infrastructure that
Eazy Life Ltd 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
Eazy Life Ltd and acting in the course of their employment; |
| 'Website' |
means the Website that you are currently using
www.eazylife.me and any
sub-domains of this site (e.g. subdomain.www.eazylifeltd.co.uk) unless
expressly excluded by their own terms and conditions. |
2. Business Customers
These Terms and Conditions apply to all customers.
3. International Customers
If Goods are being ordered from outside Eazy
Life Ltd's country of residence, import duties and taxes may be
incurred once the Goods reach their destination. Eazy Life Ltd is not
responsible for these charges and we undertake to make no calculations
or estimates in this regard. If a Purchaser buying internationally,
they are advised to contact their local customs authorities for further
details on costs and procedures. The Purchaser of the Goods will also
be the importer of record and as such should ensure that the 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 Eazy Life Ltd gives no
guarantee that the packaging of the Goods will be free of signs of
tampering.
4. Intellectual Property
4.1 Subject
to the exceptions in Clause 5 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 Eazy Life Ltd, 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.
4.2 Subject
to Clause 6 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 express written
permission to do so by Eazy Life Ltd.
5. Third Party
Intellectual Property
5.1 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.
5.2 Subject
to Clause 6 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.
6. 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.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated,
these sites are not under the control of Eazy Life Ltd 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.
8. 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 www.eazylifeltd.me without prior
permission. Deep linking (i.e. links to specific pages within the site)
requires the express permission of Eazy Life Ltd. To find out more
please contact us by email at admin@eazylifeltd.co.uk or by calling
02032 865321
9. Use of Communications
Facilities
9.1 When
using the enquiry form or any other System on the Website you
should do so in accordance with the following rules:
9.1.1
Obscene or vulgar language must not be used;
9.1.2
Content that is unlawful or otherwise objectionable must not be
submitted. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3
Content that is intended to promote or incite violence must not be
submitted;
9.1.4 It is
advised that submissions are made using the Website
language(s) as we may be unable to respond to enquiries submitted in
any other languages;
9.1.5 The
means by which Users identify themselves must not violate
these terms of use or any applicable laws;
9.1.6 Users
must not impersonate other people, particularly employees
and representatives of Eazy Life Ltd or our affiliates; and
9.1.7 Our
System must not be used for unauthorised mass-communication
such as “spam� or “junk mail�.
9.2 You
acknowledge that Eazy Life Ltd reserves the right to monitor any
and all communications made to us or using our System.
10. Accounts
10.1 In
order to purchase Goods on this Website and to use the forum
facilities Users are required to create an Account which will contain
certain personal details and Payment Information which may vary based
upon a User’s use of the Website as we may not require payment
information until a purchase is to be made. By continuing to use this
Website you represent and warrant that:
10.1.1 all
information you submit is accurate and truthful;
10.1.2 if
you are buying on behalf of your employers, you have the
authority to submit Payment Information where any such authority is
required; and
10.1.3 you
will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
10.2 It is
recommended that you do not share your Account details,
particularly your username and password. Eazy Life Ltd accepts 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.
10.3 If you
have reason to believe that your Account details have been
obtained by another without consent, you should contact Eazy Life Ltd
immediately to suspend your Account and cancel any unauthorised
purchases that may be pending. Please be aware that purchases can only
be cancelled until they are dispatched. In the event that an
unauthorised purchase is dispatched prior to your notifying us of the
unauthorised nature of the purchase, Eazy Life Ltd accepts no liability
or responsibility and you should make contact with the Carrier detailed
in the Purchase Information.
10.4 When
choosing a username Users are required to adhere to the terms
set out above in Clause 9. Any failure to do so could result in the
suspension and/or deletion of your Account.
11. Termination and
Cancellation
11.1 Either
Eazy Life Ltd or a User may terminate an Account. If Eazy
Life Ltd terminates 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.
11.2 If Eazy
Life Ltd terminates an Account, any current or pending
purchases on your Account will be cancelled and will not be dispatched.
11.3 Eazy
Life Ltd reserves the right to cancel purchases without stating
reasons, for any reason prior to processing payment and dispatch.
11.4 If
purchases are cancelled for any reason prior to dispatch
Purchasers will be refunded any monies paid in relation to those
purchases.
11.5 If a
User terminates their Account any non-dispatched purchases will
be cancelled and a full refund of any monies paid in relation to those
purchases will be paid through the payment method used when the Goods
were purchased.
12. Payment
12.1 Any and
all invoices are paid in advance on placement of the order.
12.2 Online
via our secure Website which uses pay pal a secure payment
12.3 Cheques
must clear before orders can be shipped and should be
denominated in Pounds Sterling, drawn on a UK bank and made payable to
'Eazy Life Ltd'. Please also remember to include postage and packaging
costs otherwise there may be a delay in processing your order.
12.4 To
make a purchase on line you will need to create a user name and
password. You are required to give contact information (such as name
and email address). We may use this information to contact you about an
order. If you purchase a product, we require certain personally
identifiable information from you on our order form. You must provide
contact information (such as name, email, and shipping address) and
financial information (such as credit card number, expiration date). We
use this information for billing purposes and to fill your orders.
13. Goods, Pricing and
Availability
113. Whilst
every effort has been made to ensure that all graphical
representations and descriptions of Goods available from Eazy Life Ltd
correspond to the actual Goods, Eazy Life Ltd Ltd is not responsible
for any variations from these descriptions. This does not exclude our
liability for mistakes due to negligence on our part and refers only to
variations of the correct Goods, not different Goods altogether. Please
refer to Clause 16.1 for incorrect Goods.
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 Eazy
Life Ltd does not represent or warrant that such Goods will be
available. Stock indications are provided on the Website, however these
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. Eazy Life Ltd reserves 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 week.
13.5 In the
event that prices are changed during the period between an
order being placed for Goods and Eazy Life Ltd processing that order
and taking payment, you will be contacted prior to your order being
processed with details of the new price;
1.6All prices on the Website do not include VAT. Eazy Life Ltd VAT
number is (not currently applicable VAT not charged)
14. Property, Risk and
Account of Profits
14.1 Title
in Goods will not pass to the Purchaser until the full
purchase price for those Goods has been received by Eazy Life Ltd.
Title remains with Eazy Life Ltd until payment is complete.
14.2 If the
Purchaser sells the Goods on to its own customers in any
form, either as purchased from Eazy Life Ltd or forming a component
part of a larger Good, and any amount of the purchase price payable to
Eazy Life Ltd remains outstanding, the Purchaser must account to Eazy
Life Ltd for the proceeds of such a sale. The Purchaser is then
required to hold such proceeds on trust for Eazy Life Ltd until payment
has been received in full by Eazy Life Ltd.
14.3 Eazy Life Ltd reserves the right to trace all
proceeds under the
principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the
payment
date has passed, if any sums remain outstanding, Eazy Life Ltd has the
right to enter the Purchaser’s premises and remove any Goods which,
by
virtue of Clause 14.1, remain the property of Eazy Life Ltd.
15. Delivery
15.1 Eazy
Life Ltd will notify you by way of email when your goods are to
be dispatched to you. The message will contain details of estimated
delivery times in addition to any reasons for a delay in the delivery
of the Goods purchased by you.
15.2 If Eazy
Life Ltd receives no communication from you, within 7 days
of delivery, regarding any problems with the Goods, you are deemed to
have received the Goods in full working order and with no problems.
1
6. Returns Policy
Eazy Life Ltd aims to always provide high quality Goods that are fault
free and undamaged. On occasion however, goods may need to be returned.
Returns are governed by these Terms and Conditions.
16.1 If the
Purchaser receives Goods which do not match those ordered,
unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options, the
Purchaser should contact us within 10 days to arrange collection and
return. Eazy Life Ltd is not responsible for paying shipment costs. The
Purchaser will be given the option to have the Goods replaced with
those ordered (if available) or to be refunded through the payment
method used when the Goods were purchased. Refunds and replacements
will be issued upon our receipt of the returned Goods.
16.2 If any
Goods purchased have faults when they are delivered, the
Purchaser should contact Eazy Life Ltd within 28 days to arrange
collection and return. Eazy Life Ltd is not responsible for paying
shipment costs. Goods must be returned in their original condition with
all packaging and documentation. Upon receipt of the returned Goods,
the price of the Goods, as paid, will be refunded through the payment
method used when the Goods were purchased.
16.3 If any
Goods develop faults within their warranty period, the
Purchaser is entitled to a repair or replacement under the terms of
that warranty.
16.4 If
Goods are damaged in transit and the damage is apparent on
delivery, the Purchaser should sign the delivery note to the effect
that the goods have been damaged. In any event, such damage should be
reported to Eazy Life Ltd within 10 days and arrange collection and
return. Eazy Life Ltd is not responsible for paying shipment costs.
Upon receipt of the returned Goods, the price of the Goods, as paid,
will be refunded through the payment method used when the Goods were
purchased.
16.5 If the
Goods have been dispatched or have reached you, but the
Purchaser decides that they are no longer required, the Goods can be
returned to Eazy Life Ltd within 10 days of receipt. Goods can only be
returned for this reason if their packaging remains unopened and the
Goods can be re-sold, as new, without any additional work on the part
of Eazy Life Ltd. In relation to clothing we will only refund unworn,
unwashed products. The Purchaser is responsible for paying shipment
costs if Goods are returned for this reason.
16.6 If the
Purchaser wishes to return Goods to Eazy Life Ltd for any of
the above reasons, please contact us using the details on our contact
page to make the appropriate arrangements.
16.7 Eazy
Life Ltd reserves the right to exercise discretion with respect
to any returns under these Terms and Conditions. Factors which may be
taken into account in the exercise of this discretion include, but are
not limited to:
16.7.1 Any
use or enjoyment that you may have already had out of the
Goods;
16.7.2 Any
characteristics of the Goods which may cause them to
deteriorate or expire rapidly;
16.7.3 The
fact that the Goods consist of audio or video recordings or
computer software and that the packaging has been opened;
16,7.4 Any discounts that may have formed part of the
purchase price of
the Goods to reflect any lack of quality made known to the Customer at
the time of purchase. Such discretion to be exercised only within the
confines of the law.
17.Privacy
Use of the Website is also governed by our privacy policy which is
incorporated into these terms and conditions by this reference.
18.Disclaimers
18.1 Eazy
Life Ltd makes no warranty or representation that the Website
will meet your requirements, that it will be of satisfactory quality,
that it will be fit for a particular purpose, that it will not infringe
the rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided will
be accurate. We make no guarantee of any specific results from the use
of our Services.
18.2 No part
of this Website is intended to constitute advice and the
Content of this website should not be relied upon when making any
decisions or taking any action of any kind.
1.3No part of this Website is intended to constitute a contractual
offer capable of acceptance.
19. Changes to the
Service and these Terms and Conditions
Eazy Life Ltd reserves the right to change the Website, its Content or
these Terms and Conditions at any time. Users and Purchasers will be
bound by any changes to the Terms and Conditions from the first time
the Website is used by them following the changes. If Eazy Life Ltd is
required to make any changes to Terms and Conditions relating to sale
of Goods by law, these changes will apply automatically to any orders
currently pending in addition to any orders placed by Purchasers in the
future.
20. Availability of the
Website
The Service is provided “as is� and on an “as available� basis.
We give
no warranty that the Service will be free of defects and / or faults.
To the maximum extent permitted by the law we provide no warranties
(express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality.
Eazy Life Ltd accepts no liability for any disruption or
non-availability of the Website resulting from external causes
including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, power failure, natural events,
acts of war or legal restrictions and censorship.
21. Limitation of
Liability
21.1 To the
maximum extent permitted by law, Eazy Life Ltd accepts no
liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary
damages arising from the use of the Website or any information
contained therein. Users should be aware that they use the Website and
its Content at their own risk.
21.2 Nothing
in these Terms and Conditions excludes or restricts Eazy
Life Ltd’s liability for death or personal injury resulting from any
negligence or fraud on the part of Eazy Life Ltd.
21.3 Nothing
in these Terms and Conditions excludes or restricts Eazy
Life Ltd’s liability for any direct or indirect loss or damage
arising
out of the incorrect delivery of Goods or out of reliance on incorrect
information included on the Website.
21.4 Whilst
every effort has been made to ensure that these terms and
conditions adhere strictly with the relevant provisions of the Unfair
Contract Terms Act 1977, in the event that any of these terms are found
to be unlawful, invalid or otherwise unenforceable, that term is to be
deemed severed from these terms and conditions and shall not affect the
validity and enforceability of the remaining terms and conditions. This
term shall apply only within jurisdictions where a particular term is
illegal.
22. No Waiver
In the event that any party to these Terms and Conditions fails to
exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
23. Previous Terms and
Conditions
In the event of any conflict between these Terms and Conditions and any
prior versions thereof, the provisions of these Terms and Conditions
shall prevail unless it is expressly stated otherwise.
24. Notices
All notices / communications shall be given to us either by post to our
Premises (see address above) or by email to admin@eazylifeltd.co.uk.
Such notice will be deemed received 3 days after posting if sent by
first class post, the day of sending if the email is received in full
on a business day and on the next business day if the email is sent on
a weekend or public holiday.
25. Law and Jurisdiction
These terms and conditions and the relationship between you and Eazy
Life Ltd shall be governed by and construed in accordance with the Law
of England and Wales and Eazy Life Ltd and you agree to submit to the
exclusive jurisdiction of the Courts of England and Wales.
Thank you for your custom
Privacy policy
We reserve the right to
disclose your personally
identifiable informatation as required by law and when we believe that
disclosure is necessary to protect our rights and /or to comply with a
judicial proceeding court order, or legal process served on our
website. This website uses Google analytics to collect visitor
behaviour data. This data is collected anonymously to be uses for
marketing and optimisation purposes. This data will not be used to
identify a visitor personally and is not aggregated with any personal
data.
