Terms & Conditions
IMPORTANT NOTE: AS WELL AS READING THE FOLLOWING TERMS & CONDITIONS TO WHICH YOU HAVE AGREED BY USING THIS WEBSITE (“SITE”), YOU SHOULD ALSO REFER TO THE TERMS AND CONDITIONS OF EACH INDIVIDUAL SELLER ("SELLER”) ON THEIR HOME OR PRODUCT PAGES BEFORE MAKING ANY ORDER.
The Site is provided by ASSEENONTHEHIGHSTREET LTD, a company located at 5 Canon Drive, Bowdon, Altrincham, England WA14 3FD with the company registration number 12591182 (herein as “ASOTHS” or “we” or “us” or “our”).
We may update these Terms (and the documents referred to in them) and any aspect of the Services from time to time and will notify such changes to you by uploading details of them on the Site. You should review these Terms periodically for changes.
2. Acceptance of these Terms
Your access of the Site and your purchase of items from the available stores constitutes that you have read these Terms and have agreed to be bound by it and any changes that may be made to it. If you do not agree to these Terms, then, please do not use the Services or access any part of the Site.
3. Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
4. Description of our Services
Please note that when you decide to purchase items, the resulting legal contract is between you and that Store/Seller and such contract shall compromise of these Terms, the email confirmation of your order and the applicable details on the product page, and you agree to be bound by all such provisions.
You should carefully review these Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Terms and the email confirmation of your order or the applicable details on the product page, these Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that the items you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site, we may disclose your customer information related to that transaction to the relevant Seller.
We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
5. How Contracts are formed between you and the Sellers
Each order you place shall be deemed to be an offer by you to purchase the items specified within it subject to these Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until ASOTHS (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
6. Fees and Payment Methods
The price on any item is the cost of that item. Prices of items are listed in GPB (British Pound) and are exclusive of VAT and shipping fees. The total cost of items and shipping fees will be the total amount when you checkout. You accept that some banks may charge you an additional fee for certain transactions. Payments for any item you purchase shall be made with the available payment methods on the Site. You acknowledge that these Terms, and/or any transaction made by you via the Site do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
7. Refusal of Transaction
ASOTHS may refuse to process a transaction for any reason or refuse the Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
8. Cancellation, Returns and Refunds Policy
You reserve the right to cancel your order and get a refund within 14 days you received your order. However, cancellation requests will only be granted if the item in your order is unopened or damaged by you. Please see our Return and Refunds Policy if you wish to discuss or organise a return, replacement or refund of an item purchased through the Site. Unfortunately, some items are non-cancelable and non-refundable, such as perishable, digital or personalised items.
9. Errors, Omissions and Inaccuracies
The information on the Site may, on certain occasions, contain errors, omissions and inaccuracies in connection with the description of items, prices, charges, shipping details and estimations. ASOTHS and/or Sellers reserves the right to correct such errors, omissions and inaccuracies, and to update or change information or cancel and update your orders if there is any inaccurate information in your order without notice to you, including after you have placed your order with us.
10. Shipping and Delivery
Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.
Any item you ordered from a Seller shall be shipped and delivered to the shipping address you provided during checkout. You are responsible for providing an accurate shipping address. ASOTHS, the Seller or courier company shall not be liable to you for missing items due to inaccurate shipping address. Items shall be shipped according to the shipping package you selected during checkout.
11. Title and Risk of Loss
Upon the delivery of your order, the title and risk of loss is automatically passed to you. You are expected to check your order upon delivery to ascertain if it is not damaged or inaccurate. If there is a problem with the order after it has been delivered and signed, we will not be liable for any damages or issues.
13. Intellectual Property Rights
We own or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site or any other part of the Service. You must not extract or otherwise use any of the content on the Site and/or Services for commercial purposes without obtaining a license to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please Contact Us to report the concern.
14. Disclaimer of Warranties and Limitation of Liability
- ASOTHS will at all times strive to make the Site and our Services available without errors and interruptions. However, we cannot guarantee that the Services will at all times be error-free or uninterrupted due to the nature of the internet. Likewise, we will, at certain times, engage in maintenance or repairs for the maintenance of the Site or the improvement of our Services. Such maintenance and repair activities will be kept at reasonable periods as best as we can. Due to this, ASOTHS will not be liable for:
- Any damages or losses that are not caused by us;
- Loss of revenue, goodwill, profits, data and any other business losses; or
- Any failure or delay that is caused by circumstances that are beyond our reasonable control, such as pandemics, wars, government actions, and acts of God.
- To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Services.
- The Site and Services are provided to you “as is” and “as available”, and we expressly disclaim, to the fullest extent permitted by law, all express, implied and statutory warranties.
- Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. ASOTHS expressly reserves the right to revoke the right granted in this clause for breach of these Terms and to take any action it deems appropriate.
Our Site must not be framed on any other sites, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site may provide links to other sites for your information. If you use these links, you leave the Site. We do not review third party sites, and we have no control over their resources. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party sites or for any loss or damage that may arise from your use of them, including the group gifting application which is provided by a third party.
16. Uploading Material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trademark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
17. Viruses, Hacking and Other Offences
You must not misuse the Site or any part of our Services by introducing viruses, Trojan horses, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
These Terms and any documents expressly referred to in them constitute the entire agreement between us and it supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us (whether written or oral) relating to the subject matter hereof. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and any documents expressly referred to in them.
21. Force Majeure
Where a Seller or we are prevented from or delayed in carrying out obligations under these Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, pandemics, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials, then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
22. Electronic Communication
Your use of the Site and Services and the transfer of messages via email constitute electronic communications between us both. For contractual purposes, you hereby agree that all notices, agreements, policies and communications provided to you electronically satisfy any legal requirement that such communications be in writing unless the law specifically requires other forms of communication.
23. Law and jurisdiction
Contracts for the purchase of goods or Services through our Site shall be governed by the English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
24. Feedback and Complaints
General comments about the Site and these Terms are welcome. Please contact us at email@example.com. Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through the Site and with the Seller, the European 'Online Dispute Resolution Platform' can be accessed by following the link: http://ec.europa.eu/odr.